Jurisprudential Guides

Jurisprudential Guides are policy instruments that support consistency in adjudicating cases which share essential similarities. A Jurisprudential Guide serves to build a Division's jurisprudence upon well reasoned decisions.

Drawing on the common law tradition of precedent and the tribunal tradition of policy-making through adjudication, Jurisprudential Guides articulate policy through the application of the law set out in a decision of the Board to the specific facts of another individual case before a decision-maker. This is to be contrasted with Guidelines, which are general statements, not incorporated in any decision of the Board.

The application of a Jurisprudential Guide is not mandatory. However, decision-makers are expected to apply Jurisprudential Guides in cases with similar facts or provide reasoned justifications for not doing so.

The Immigration and Refugee Protection Act, in s. 159(1)(h), provides statutory authority for the use of Jurisprudential Guides.