The complaint was screened out after a review determined that the allegations did not fall within the jurisdiction of the member complaints process. The Complainant, an interpreter at a Refugee Protection Division hearing, filed a complaint alleging that the Member made a tasteless joke, along with other allegations related to adjudicative matters outside the scope of the member complaints process.
Upon review, 1 allegation was deemed frivolous and vexatious, while the others were found to be related to hearing management. Although a tasteless joke could warrant investigation if it concerns member conduct, the Ombudsperson determined that a reasonable person would not consider the Member's lighthearted comment - intended to put the claimant at ease - as meeting the standard for investigation. The Ombudsperson therefore concluded that this allegation was frivolous and vexatious. As the remaining allegation was about hearing management, it fell outside the scope of the Procedures for Making a Complaint about a Member. The Chairperson accepted the Ombudsperson's recommendation to screen out the allegations, and the file was closed.