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.
The allegations were investigated because they concerned the Member's conduct. The Complainant alleged that the Member was discourteous, disrespectful, and spoke to the parties in a harsh tone, and that during a discussion, the Member asked the Complainant if it was their first time conducting a hearing. The Ombudsperson's investigation concluded that there was insufficient evidence to support the allegations. The Member's tone was harsh for a small segment of the hearing, but not enough to be considered a breach of the Code. The Member acknowledged that their choice of words and tone were not ideal, and regretted the impression they gave. Finally, when the Member asked the Complainant if it was their first time in a hearing, the Member's tone was observed to be genuine, not harsh or sarcastic. The Chairperson's decision was that there were no breaches of the Code.