Citizenship and Immigration Committee on March 9th, 2026

[Manon Brassard]

The minister—and my colleagues can testify to this—looks at a claim before it even gets to the IRB or before they refer it to the IRB. If they detect issues around security or if they detect issues around identity, they can tell us, and they do tell us, when they decide to intervene. When that's the case, it doesn't go to the paper process.

[The Chair, Liberal, Julie Dzerowicz]

Thank you very much, Ms. Brassard and Mr. Redekopp.

Ms. Sodhi, you have six minutes, please.

[Amandeep Sodhi, Liberal, Brampton Centre, ON]

Thank you, Madam Chair.

Thank you once again to our witnesses for being here today.

My first set of questions will be for the officials from the IRB. Whoever wishes to answer may do so.

First, a recent report made by the C.D. Howe Institute made a number of allegations concerning the file review process at the IRB. How does the IRB respond to the report? Is it accurate?

[Manon Brassard]

There were a number of allegations or affirmations made in this document. I don't pretend to nail them one by one. There were a large number of them.

One was that the policy didn't work because the backlog increased from 17,000 in 2016 to 300,000. I would say this was not a measure to diminish the backlog. Clearly, there are a limited number of cases we do this way. It is not a means by which you achieve diminution of a backlog.

It's also not a pull factor, by the way. The efforts of my colleagues at CBSA and IRCC have done a lot to reduce the intake. We will have seen it, in the last fiscal year, go from 176,000 to about 100,000 by the time the fiscal year is over in a couple of weeks. This is used to see manifestly founded claims, if I can call them that, and to make sure that the appropriate level of effort is put into each and every claim.

On the issue around security and fraud, again, security is mainly the purview of CBSA. They do a lot of work around that and around fraud as well. When we see something, we don't stream into that process, and we inform the minister. The minister can intervene at any time, and we will pull out of the paper process if they decide to intervene. Before we put it into the file process, we let them know. This is another chance the minister has to intervene prior.

It also talks about the ability of the members to assess the evidence. What this does is create a structure to frame what the legislation allows. The legislation allows the board to look at claims. When they meet all the requirements and there are no security or safety issues mentioned by the minister that mean we can't proceed, this puts a framework around it to make sure it is done appropriately.

I could go on, but I will give you a chance to ask other questions, if you want.

[Amandeep Sodhi, Liberal, Brampton Centre, ON]

Are you able to explain how and when the IRB arrived at the creation of the task force on less complex files?

[Manon Brassard]

This is what I was trying to say earlier. Since 1993, there have been a number of processes put in place. In 1993, and every time after, when there were changes from time to time, the process was modified. This was done to adjust, for instance, to the change in IRPA to what it is now, under paragraph 170(f).

[Amandeep Sodhi, Liberal, Brampton Centre, ON]

Can you describe what types of cases typically go through the paper review process at IRB?

[Manon Brassard]

First, I want to reiterate the part done by our colleagues at CBSA and IRCC, which is to screen for security and safety issues.

When we look at them, it's the second part of the asylum system. We make sure that we have what we need on file so a member could conclude that the fear is well founded, not just objectively from country conditions but also from the claimant themselves and the evidence they personally have related to their claim. This is also an important step.

[Amandeep Sodhi, Liberal, Brampton Centre, ON]

Last but not least, are you able to explain what the consequences would be of ending the IRB's file review process entirely?

[The Chair, Liberal, Julie Dzerowicz]

You have one minute.

[Manon Brassard]

We would lose efficiency. We're an administrative tribunal with high volumes. Like all administrative tribunals, we are usually tasked with high volumes. We are, in our law, also required to move expeditiously, so we would lose the means to do this. To us, it would mean fewer claims heard in a year and probably additional costs for interpreters. For the federal government, I suspect it would mean more costs for legal aid, because lawyers would have to come in front of us more often to assist their clients. This is another difficulty.

I'm not an expert on programs, but presumably, refugee claimants benefit from some of them, such as the interim health program.

[The Chair, Liberal, Julie Dzerowicz]

Thank you, Ms. Brassard.

Thank you, Ms. Sodhi.

Mr. Deschênes, you have the floor for six minutes.

[Alexis Deschênes, Bloc, Gaspésie—Les Îles-de-la-Madeleine—Listuguj, QC]

Thank you very much, Madam Chair.

Good morning to all my colleagues.

Thank you to the witnesses for being here.

Ms. Brassard, I want you to walk me through the process so that the people watching us understand it clearly.

There's a first step for a refugee claimant, and it's claim eligibility. Is that correct?

[Manon Brassard]

Yes.

[Alexis Deschênes, Bloc, Gaspésie—Les Îles-de-la-Madeleine—Listuguj, QC]

Who handles that?

[Manon Brassard]

If it's at the port of entry, it's handled by CBSA. If the claim is made in Canada, once the person has arrived here, it's handled by IRCC.

[Alexis Deschênes, Bloc, Gaspésie—Les Îles-de-la-Madeleine—Listuguj, QC]

Okay.

What is verified at the claim eligibility stage?

[Manon Brassard]

We look at identity and security issues. The people who handle the claims can tell you more about each aspect of the work they do, but essentially, security checks are done and we verify that the claimant is eligible to claim refugee status. There are provisions covering that. For example, we check if they have previously claimed refugee status, if they have refugee status elsewhere, and whether they can return there. There are a number of criteria like that, in addition to the identity and security criteria.

[Alexis Deschênes, Bloc, Gaspésie—Les Îles-de-la-Madeleine—Listuguj, QC]

That's right. Let's say it's like a coarse-mesh net. It weeds out the claims that clearly appear to be ineligible.

When the claimant passes this stage, is that when their file is sent to IRCC?

[Manon Brassard]

That's right.

[Alexis Deschênes, Bloc, Gaspésie—Les Îles-de-la-Madeleine—Listuguj, QC]

At that point, how does IRCC decide whether or not to conduct in‑person interviews?

[Manon Brassard]

On the one hand, we will look at whether the case is fully documented.

Actually, the first thing we will look at is whether the minister has indicated that they intend to intervene in the matter. When the people who process the claims go through their steps, they can notify us of the minister's intention to intervene, in which case it goes to a hearing.

Next, we will expect to receive a front-end security screening. This document is produced by CBSA, which conducts checks with other organizations. The people from the agency can tell you more about this and exactly which organizations they go to. So the RCMP, the Canadian Security Intelligence Service or other law enforcement agencies conduct security checks to ensure that people who come here and claim refugee status are eligible to do so. We check to see if they are who they say they are, but also if they have committed any crimes, particularly serious crimes.

[Alexis Deschênes, Bloc, Gaspésie—Les Îles-de-la-Madeleine—Listuguj, QC]

That's right. These checks are done based on the written claim, aren't they?

[Manon Brassard]

Yes, but it's also based on all the questions that the people processing the claim are entitled to ask. That's why I'm referring you to them to explain their system.

[Alexis Deschênes, Bloc, Gaspésie—Les Îles-de-la-Madeleine—Listuguj, QC]

That's for the first step, which is claim eligibility.

Let's continue. What happens after that?