The complaint was screened out after a review determined that the allegations fell outside the jurisdiction of the member complaints process. The Complainant, who was legal counsel for a refugee claimant, alleged that the Member dismissed the complainant's professional opinion, failed to adequately review the file before the hearing, and misinterpreted the RPD Rules.
The Ombudsperson reviewed the complaint and recommended to the Chairperson that the allegations were not related to conduct because hearing management, case preparation, and the application of rules are all part of a member's adjudicative independence. The Chairperson's decision was to dismiss the allegations as they fell outside the scope of the Procedures for Making a Complaint about a Member.