4. Ask any witnesses to give evidence

A is a person who knows about your claim and can give information that will help the Member of the (RPD) make a decision. You do not have to use witnesses but they can help support your claim. A witness can at your hearing. The most important witnesses are you and any family members claiming with you.

Think about people who know the reasons for your refugee claim and can confirm information relevant to your claim, and whether that person would be a good witness at the hearing. A good witness is someone the Member will believe. If you want the witness to testify, they should be able to understand the questions and answer clearly. They should know your situation and give that does not contradict anything you or your documents say. If your witness is going to testify at the hearing, your lawyer or licensed representative should meet with them to prepare them to testify.

Refugee hearings are usually virtual by videoconference on Microsoft Teams. Your witness can testify by joining the videoconference, or by telephone. If your hearing is in person, your witness can testify in person or by telephone.

Witnesses can also give an affidavit or sworn statement for you to give to the RPD as evidence. Affidavits and are usually better support for your claim than letters.

An affidavit is a document where a person makes statements about what they know. The person must sign and swear or affirm that the information is true in front of a lawyer, paralegal, licensed notary, or other authorized person.

Witnesses who testify at the hearing should have the following documents accessible during the hearing or attach certified copies to their affidavits to show their:

identity and citizenship
immigration status in Canada, if any
relationship to you or to a group that you belong to, for example a membership card, a certificate from a religious institution, family relationship or school records

You must give the RPD the following information about each witness that you want to testify at the hearing at least 10 days before your hearing:

their contact information
a short statement about why they are speaking and what it will be about
how long you think they will speak
your relationship to the witness
whether you want the witness to testify in person, by videoconference, or by telephone
whether the witness will need an interpreter and, if so, the language and dialect of interpretation

If the witness is an expert, you must also give information about their qualifications and a short report of what they will say, signed and dated by them. You can also include their resume or CV.