An internal investigation found that the Member did not breach any section of the Code of Conduct for Members of the Immigration and Refugee Board of Canada (the Code).
The Complainant was a refugee claimant whose case was heard by a Member of the Refugee Protection Division. The complaint alleged that the Member was careless and rude to the Complainant and their lawyer. This included refusing counsel's request for a break to go to the washroom for medical reasons, and then dismissing counsel's concerns by stating that they could complain about the Member if they wished.
The Ombudsperson's investigation report concluded that:
- The urgency of the requested break occurred during counsel's second interjection, when counsel explained that his request was due to their medical condition, and then immediately left the room. There is no evidence to suggest that the Member refused counsel's request to go to the washroom once they were aware of counsel's medical condition.
- There were no instances of the Member being unprofessional, careless, or rude.
- Given that the Complainant wished to continue discussing the washroom incident at the expense of continuing the hearing, it was reasonable for the Member to tell counsel that they could complain about the Member if they wished.
The Chairperson agreed with the conclusions of the investigation and found that there were no breaches of the Code.