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 a refugee claimant, made two allegations following their hearing at the Refugee Protection Division.
As they concerned the Member's conduct, the allegations were investigated. The Complainant alleged that the Member used a condescending tone while accusing the Complainant of giving evidence. The Complainant also alleged that the Member opposed a party's request for a health break during the hearing, which was granted reluctantly after the Complainant's intervention. Moreover, the Complainant and their client believed the Member's response would have been different if they belonged to a different social or cultural background.
The Ombudsperson's investigation concluded that there was no evidence to support the allegations. The Member's decision to repeat what submissions should include is part of their adjudicative independence. The Member was not observed to use a tone that was discourteous or disrespectful. The Member granted the break seconds after it was asked, and there was no evidence to indicate that the Member's brief pause had anything to do with the social or cultural backgrounds of the parties. The Chairperson's decision was that there were no breaches of the Code.