An internal investigation found that the Member breached of sections 9 and 11 of the Code of Conduct for Members of the Immigration and Refugee Board of Canada (the Code).
The Complainant was counsel for a refugee claimant whose case was heard by a Member of the Refugee Protection Division. The Complainant alleged that the Member willfully belittled them, attacked their professional competence, and demonstrated bias.
The Ombudsperson's investigation report concluded that:
- The Member failed to meet the high standards of professionalism, respect and courtesy set out in the Code.
- The Member lectured the Complainant about how to represent their client, and repeatedly laughed in a manner that could reasonably be viewed as inappropriate or condescending.
- When the Complainant pointed out that their use of the word ‘aggressive' was racist given the context, the Member did not apologize or attempt to reset the tone of the hearing. Instead, in that moment, the Member laughed.
- There was insufficient evidence to support a finding that the Member willfully attacked the Complainant's qualifications.
- There was insufficient evidence to support a finding that any comments made by the Member were racially motivated.
- The Member cited a possibility of an apprehension of bias, and therefore recused themselves, so there is no evidence to support a finding of bias.
The Chairperson agreed with the conclusions of the investigation and found that there were breaches of sections 9 and 11 of the Code. Member management was informed of the breaches and were provided with recommendations to implement corrective actions and training.