The complaint in this Refugee Protection Division (RPD) matter alleged that the member's behaviour was unprofessional, and that the member's tone and demeanour were intimidating and condescending. The complainant alleged that there were multiple angry outbursts during the hearing, that the member's conduct was unprofessional on several occasions and that the member was disrespectful during these “frightening outbursts." The complainant also alleged that the member rejected the complainant's concern about bias in the hearing without providing an adequate justification.
The complaint was processed under the old Protocol Addressing Member Conduct Issues (the Protocol), which was still in effect when the complaint was submitted. The Deputy Chairperson of the
RPD listened to the recording of the hearing and prepared a report with recommendations to the Chairperson under the Protocol.
The Chairperson determined that the complaint was founded, in part.
The Chairperson determined that the member was at times disrespectful and his tone and demeanour were inappropriate. He further determined that the member failed to show courtesy and respect as required under paragraph 22 of the Code of Conduct for Members of the
IRB (the Code) and was therefore in breach of the Code.
The allegations related to bias and related to the member's decision on whether to recuse himself fell outside the scope of the Protocol. The proper forum to challenge the merits of a member's decision is an appeal to the Refugee Appeal Division or an application for judicial review before the Federal Court and not through the complaint process.