An investigation found that the Member did not breach the Code of Conduct for Members of the Immigration and Refugee Board of Canada (the Code). The Complainant, who was legal counsel for refugee claimants, made four allegations following their hearing at the Refugee Protection Division. Three of the four allegations in the complaint were screened out of the complaints process, as they were not about conduct. The three allegations were on the topics of applying the RPD Rules, questioning the claimants, and scheduling hearings, which are all aspects of adjudicative independence.
One allegation, which concerned the Member's conduct, was investigated. The Complainant alleged that the Member was aggressive and disrespectful of the claimant's need for accommodations. Upon review, the Ombudsperson found no support for the allegation that the Member was aggressive, or that they failed to appropriately accommodate the claimant. The Chairperson's decision was that there were no breaches of the Code.