Leading and Persuasive Decisions

Persuasive decisions are decisions that have been identified by a division head (the Deputy Chairperson of the Refugee Protection Division, the Refugee Appeal Division, the Immigration Division or the Immigration Appeal Division) as being of persuasive value in developing the jurisprudence of a particular division. These decisions are well written, provide clear, complete and concise reasons with respect to the particular element that is considered to have persuasive value, and consider all of the relevant issues in a case. Accordingly, members are encouraged to rely upon persuasive decisions in the interests of consistency and effective decision-making. This consistency also helps parties and counsel prepare for proceedings before the IRB, and may encourage early resolution without a hearing, where appropriate.

The use of persuasive decisions enables the IRB to move toward a consistent application of the law in a transparent manner. Their designation promotes efficiency in the hearing and reasons writing process by making use of quality work done by colleagues.

Decision makers are not required to explain their decision not to apply a persuasive decision.

Decision Summaries


Decision Number Summary Legislation
2015-943 Summary VRAB Act
Section 34
2015-692 Summary Pension Act:
Section 72
2013-659 Summary Pension Act:
Section 35
2012-456 Summary Pension Act:
Subsection 21(5)
VRAB Act:
Subsection 38(1)
2012-315 Summary Veterans Review and Appeal Board Act:
Section 40
Canadian Forces Members and Veterans Re-establishment and Compensation Act:
Section 46
2012-169 Summary Pension Act:
Section 38
2011-107 Summary Pension Act:
Subsection 21(1)
Subsection 21(2)
2011-580 Summary Pension Act:
Subsection 21(2)
2011-574 Summary Pension Act:
Subsection 21(2)
Subsection 21(2.1)
Subsection 21(5)
2011-486 Summary Pension Act:
Subsection 21(2)
2011-912 Summary Pension Act:
Subsection 21(2)
2010-868 Summary Canadian Forces Members and Veterans Re-establishment and Compensation Act:
Subsection 2(1)
Subsection 2(2)
2010-711 Summary Veterans Review and Appeal Board Act:
Section 21
2007-829 Summary Pension Act:
Subsection 21(2)
2004-954 Summary Pension Act:
Subsection 21(2)
2003-588 Summary Pension Act:
Subsection 21(2)
RCMP Superannuation Act
Subsection 32(1)
2003-297 Summary Pension Act:
Subsection 21(2)
2003-935 Summary Pension Act:
Subsection 38(1)
Subsection 82(1)
2003-636 Summary Pension Act:
Subsection 21(2)
2002-798 Summary Pension Act:
Subsection 51(1)
Subsection 56(1)
Statute Law (Superannuation) Amendment Act:
Section 36
2002-666 Summary Pension Act:
Subsection 21(2)
2002-174 Summary Pension Act:
Subsection 47(3)
Subsection 45(1)
VRAB Act:
Subsection 29(1),
Paragraph (a)
2002-005 Summary Pension Act:
Subsection 21(2)
2002-268 Summary Pension Act:
Subsection 21(2)
Subsection 39(1)
2002-992 Summary Pension Act:
Section 35
2002-861 Summary Pension Act:
Subsection 21(2)
Subsection 48(3)
Section 35
Subsection 56(2)
Paragraph 56(1)(a.1)
2002-170 Summary Pension Act:
Subsection 21(2)
Subsection 39(1)
1999-744 Summary Pension Act:
Subsection 21(5)