What is Early Informal Resolution?
Early Informal Resolution (EIR) is a stream used when an IAD Early Resolution Officer (ERO) determines that additional information would assist in early resolution of the appeal or identification of the most effective stream to route the appeal. In most cases, early disclosure or submissions are requested from the parties in writing. Although this process may result in the resolution of the appeal by way of a joint recommendation or withdrawal from the appellant, it also serves as a mechanism to more accurately assess the streaming of the appeal to Alternative Dispute Resolution (ADR). The EIR process is therefore an important contributor to efficient case management at the IAD.
What cases will be included in this pilot?
The IAD will select cases represented by counsel who appear regularly before the IAD in its Central (Toronto) and Western (Vancouver) regional offices. The Eastern (Montreal) regional office is not part of this pilot project. The cases selected must also meet at least one of the following criteria:
- The appeal would normally be sent directly to ADR.
- The appeal would normally be streamed into EIR.
- The appeal would normally be streamed directly to a hearing, but EIR could have been a possible stream.
Appeals that are streamed to a paper hearing will not be included in this pilot as the issues are determinative enough for effective and expedient processing in chambers. Minister's appeals and removal order appeals based on criminality will also be excluded from this pilot.
What participants will be involved in this pilot?
An Early Resolution Officer (ERO) will identify appeals for inclusion in the pilot and will facilitate the in-person Express Triage Conference between the parties.
Minister's counsel and
counsel for the appellant will be required to attend the conference in order to provide their position relative to the issues of the appeal.
Note: The appellant's participation will not be required. If the participants feel the appellant should participate (as opposed to simply observe), the ERO should instead consider sending the appeal directly to ADR since it is the suitable procedure for dialogue between the Minister and appellant.
Will appeals processed through this pilot be dealt with faster?
The Express Triage Conferences will evaluate whether the appeal can be resolved or moved through the appeal process more quickly. The objective of this pilot project is to reduce case management delays in the early stages and determine if it is more effective in certain circumstances for parties to meet face-to-face rather than transacting business in writing.
What are the scheduling procedures for cases included in this pilot?
- The ERO will contact both parties advising that the appeal has been selected for the pilot and that an Express Triage Conference will be scheduled shortly after the receipt of the Appeal Record (or, in certain cases immediately, if the Appeal Record is not required). Counsel for the appellant can provide submissions or documents at this point.
- After receipt and review of the Appeal Record, the ERO will contact the parties to advise that the Record has been reviewed and that the Registry will be in contact shortly to schedule an Express Triage Conference.
- The conference will be scheduled with a minimum of 10 days' notice and within 30 days of the receipt of the Appeal Record. Where possible, the IAD will batch counsel's appeals in a single conference. Specific days of the week will be set aside for these conferences (which will be determined in consultation with CBSA's Hearing and Appeals Office).
- Counsel for the appellant must provide submissions or documents at least five business days prior to the conference.
What takes place at an Express Triage Conference?
At the Express Triage Conference, the ERO will facilitate a conversation between counsel for the appellant and counsel for the Minister in order to determine rapidly which appeals can be routed to ADR, to an oral hearing, or to a Member for an in-chambers decision. The conference will proceed off the record. The participants will discuss the issues under appeal, facts in dispute and the evidence on file. If additional evidence is required before a possible resolution can be attained or a streaming determination made, agreement will be sought among the participants regarding appropriate timelines for submission of further evidence.
What are the possible outcomes of an Express Triage Conference?
At an Express Triage Conference, the ERO will determine which appeals can be routed to ADR, to an oral hearing, or to a Member for an in-chambers decision. It is also possible that the appellant will consider withdrawing the appeal as a personal choice or as a result of the position put forward by counsel for the Minister. Where an appeal is being routed directly to an oral hearing, the conference would identify which legal and factual issues in the appeal are disputed by the parties and an agreed statement can be completed outlining the areas of dispute. The conference would ensure that if any grounds of refusal are being sought to be added by either party, this is done at the earliest opportunity and not later in the appeal process.
Will there be a control group created for this pilot?
In order to assess the quantitative measures of success, a control group will be identified and used as a comparator to cases in the pilot group. The control group will consist of the same number of appeals as the pilot group and will be matched with appeals in the IAD inventory with the following characteristics:
- Streamed in the past year
- Represented by the same group of select counsel, where possible
- Refused on the same ground (e.g. for every R4(1) refusal in the pilot, there will be a R4(1) refusal in the control group)
- The same streaming determination that the ERO would have made for the pilot case had it not been in the pilot (e.g. a pilot appeal which would have normally been streamed directly to ADR will be matched to an appeal that was sent directly to ADR).
Will email be permitted for the purposes of the Express Triage Pilot?
Yes, the IAD is encouraging the use of email as the primary means of communication between the parties and the Division; however, the use of email will be restricted to appeals selected for the Express Triage Pilot (unless otherwise eligible for the
Western Region’s Email Pilot). Once an appeal has concluded the Express Triage process, the use of email will no longer be permitted in the subsequent steps of the appeal (except in Western Region where it may continue as part of the Email Pilot).
What must I do if I want to communicate by email?
You must agree to use email as the primary means of communication between the parties and the Division. To do so, you must complete and sign the
Appellant Consent to Communicate by Email form. Appellants will receive this consent form by mail when they receive a letter from the IAD acknowledging receipt of their appeal.
If you have or plan to retain counsel or a representative, they must also sign the
Counsel Consent to Communicate by Email form. If you have counsel or a representative that has already submitted the consent form to the IAD, they do not need to resubmit their form. This form authorizes the Division and the Minister’s Counsel to communicate with you by email for the purposes of processing your appeal.
Are there any requirements I must comply with when submitting documents by email to the IAD?
When you submit documents to the IAD by email, your email and its attachments must comply with the following requirements:
- Your email must be sent to both the IAD and to the Minister’s Office.
- Your IAD File No. and UCI must be included in the subject line of your email.
- Any documents you attach must be in Portable Document Format (PDF) format and the total file size cannot exceed 10MB.
- Any documents you attach must comply with IAD Rules (8.5” x 11” paper, consecutively numbered pages, table of contents).
- Coloured documents are accepted, however, the IAD will only print them in black and white (grey-scale) for the case file. If colour versions are required at a proceeding, you should have your own copies available.
You will receive an email acknowledgement from the IAD that your email was received. Keep this email for your records. When you opt into using email, it is your responsibility to check your inbox and junk mail folders regularly for correspondence from the IAD. It is also your responsibility to keep your email address current and to inform the IAD and the CBSA if your email address changes.
What information cannot be sent by email?
Appeal files that contain confidential information, that may be subject to a publication ban, or that are considered private proceedings are excluded from this pilot project and email cannot be used as a means of communicating information. Please continue to use regular mail or fax for such information. If you have any questions about what cannot be sent to the IAD or another party by email, please contact the
IAD Registry Office in your region.