Purpose
The Immigration Division is committed to the protection of the health and safety of both the parties that appear before it and its employees. Accordingly, this practice notice directs parties submitting disclosure containing graphic content to add a clear warning to the documents advising the Division and any potential readers that the disclosure contains this type of material. This practice notice does not affect the admissibility of evidence to the Immigration Division, but seeks to ensure that individuals are informed prior to being exposed to disturbing material.
Definition
For the purpose of this practice notice,
graphic content is defined as any material that includes:
- explicit depictions of violence, injury or death
- sexually explicit material
- disturbing or traumatic imagery, such as abuse or severe neglect
- material depicting harm towards minors
The above definition applies to any disclosure submitted to the Division regardless of the format, encompassing video-recordings, audio-recordings, still images and written descriptions whose content is explicit and disturbing.
Instruction to parties
Parties providing a document or other material to the Division for use in a detention review or admissibility hearing that contains graphic content as defined in this practice notice must clearly identify it by labelling the disclosure:
Notice: Graphic Content.
The notice must be prominently displayed so that it will be seen before the recipient views the graphic content. The notice must also include a description (page numbers) of where in the disclosure package the graphic content is located.
Appropriate places to display the graphic content notice include for example the:
- disclosure package cover page
- table of contents of the disclosure package
- subject line of the email to which the disclosure package is attached
Authority
Paragraph 159(1)(g) of the IRPA provides that the Chairperson has authority to take any action that may be necessary to ensure that members of the Board carry out their duties efficiently and without undue delay. The Chairperson has delegated this authority to Deputy Chairpersons.
Rule 49 of the
Immigration Division Rules provides that, in the absence of a provision in the Rules dealing with a matter, the Division may do whatever is necessary to deal with the matter. ID Rule 50 provides that the Division may change a requirement of a rule.
Effective date
This practice notice comes into effect on the date that it is signed.
Signed on August 5, 2025
Greg Kipling
Deputy Chairperson, Immigration Division