An investigation found that the Member breached section 9 of the Code of Conduct for Members of the Immigration and Refugee Board of Canada (the Code). The Complainant, legal counsel for a refugee claimant, alleged that a member of the Refugee Protection Division shouted at them during the hearing, showed insensitivity toward trauma-affected individuals, and demonstrated bias through their treatment of both counsel and claimant. As these allegations concerned the Member's conduct, they were investigated.
The Ombudsperson found that the Member raised their voice in a way that could be perceived as jarring, though not intended to humiliate. The tone was deemed discourteous, breaching section 9 of the Code, but no further instances of disrespect or bias were identified. The Member acknowledged the objection, rephrased the question, and allowed a response, thereby addressing the complainant's objection. No evidence of bias was found. The Chairperson agreed with the finding of a breach and referred the matter to the Division for action.