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, legal counsel for a refugee claimant, raised 2 allegations about a member of the Refugee Protection Division's conduct during a hearing. They alleged that the Member interrupted the interpreter and claimants, rebuked them for answering simultaneously, misunderstood testimony, and failed to provide adequate breaks or instructions. Both allegations were investigated as they concerned the Member's conduct.
The Ombudsperson found that the Member's actions were consistent with routine hearing management and were not disrespectful. A possible misunderstanding may have stemmed from interpretation issues and the Member asking a question to both parties at the same time. The Member clarified questions when needed, responded promptly to break requests, and provided clear instructions. The Chairperson agreed with the Ombudsperson's recommendation that there were no breaches of the Code.