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 counsel for the persons concerned, made four allegations following their hearing at the Immigration Division.
The allegations were investigated because they concerned the Member's conduct. The Complainant alleged that the Member's tone was abrasive, that the Member interrupted and raised their voice at the Complainant, that the Member laughed, rolled their eyes, and made a face at one of the parties when the Complainant turned to discuss with their co-counsel, and that the Member refused to let the Complainant explain the rationale for a request, and initially refused to start the recording. The Ombudsperson's investigation concluded that there was no evidence to support the allegations. The investigation determined that the Member's tone was curt but not abrasive and that there was insufficient information to find that the Member raised their voice or inappropriately interrupted the Complainant before the recording began. The witnesses did not recall the Member laughing, rolling their eyes, or making faces, and there was insufficient information to find that the Member initially refused to turn on the recording. The Chairperson's decision was that there were no breaches of the Code.