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 Complainants were Canada Border Services Agency (CBSA) Hearings Officers. The Complainants attended detention reviews held by a Member of the Immigration Division. The Complainants alleged that the Member made accusations regarding one of the Complainants when they were not present, and then scolded the other Complainant when they defended their colleague. The Complainants alleged that the Member then demonstrated bias towards one of them at a subsequent hearing.
The Ombudsperson's investigation report concluded that:
- The accusations made about one of the Complainants during the hearing were made by Counsel for the Person Concerned, not the Member.
- The Member did not speak to the Complainants in an unprofessional manner, nor was the Member observed “scolding” either of the Complainants as it was alleged.
- The Member was courteous and respectful throughout the hearing.
- The Member allowed all parties the opportunity to speak and/or provide submissions as appropriate. There was no evidence that the Member was biased.
The Chairperson agreed with the conclusions of the investigation and found that there were no breaches of the Code.