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, legal counsel for a refugee claimant, alleged that a member of the Refugee Protection Division refused a request for a private break with their client and called the Complainant “unethical” for raising an issue during submissions rather than interrupting the Member.
The exchange that resulted in the Member calling the Complainant “unethical” was regarding an adjudicative issue. As noted by the Complainant, the Member also retracted this statement during the hearing. An investigation into this allegation is not required as there are no additional facts to uncover. Management of a hearing is a matter of adjudicative independence which fell outside the scope of the Procedures for Making a Complaint about a Member. The Ombudsperson therefore recommended to screen out the complaint. The Chairperson agreed, and the file was closed.