Appearance before the
Standing Committee on Citizenship and Immigration
Speaking Notes
for
Jean-Guy Fleury
Chairperson
Immigration and Refugee Board of Canada
October 17, 2006
Ottawa, Ontario
(Check Against Delivery)
Introduction
Mr. Chairperson, Members of Committee, thank you for inviting me to speak
before you today. Allow me to introduce Tim Morin, Acting Senior General
Counsel of the Immigration and Refugee Board of Canada (IRB).
My last appearance here was in May of this year. In that presentation,
I provided an outline of the role of the IRB
within the immigration portfolio, the work of our three divisions, and
our agenda to meet the challenges of a changing environment. I described
the IRB's
transformation agenda and the real gains we have seen over recent years
as a result of these measures. We have provided copies of my remarks from
that meeting for your convenience. With respect to the role of the IRB
and our transformation agenda for the future, all that I said in May still
stands. Our innovation agenda developed further over the summer and we
continue to pursue that agenda in the areas of operations and management
practice.
Today, I appear before you on different matters. Since my last appearance
a deeply troubling situation has arisen regarding a member in the Refugee
Protection Division in Toronto. Last Thursday the RCMP charged an IRB
member with breach of trust under the Criminal Code and a violation under
the Immigration and Refugee Protection Act. As I am sure you
can imagine, this situation has brought much anguish to our organization,
and to me personally as Chairperson.
I need to state clearly at the outset that the courts have imposed a
publication ban on this case and I therefore must be quite circumspect
in my comments to you today. I will not be able to provide any further
comments on the case over and above what I tell you now in my opening
remarks.
First, let me tell you what I did upon hearing of these allegations.
Within hours I took decisive, precautionary action to protect the integrity
of the IRB's
decision-making process. I immediately removed the member from his duties,
withdrew his access to IRB
premises, and referred the matter to the proper authorities.
My second priority was to launch an internal investigation into the member's
conduct. Although the member has now been charged; legally, in our role
as employer, the IRB
is continuing with this investigation, as we would do with any allegation
that may arise. Once this investigation is complete I will take the appropriate
action. If required, more additional measures could be imposed, up to
the Governor in Council removing the member from office with cause. Obviously
at this time I cannot prejudge the outcome of the internal investigation.
I want you to know as well that part of the investigation will be aimed
at determining if there are further measures that we can add to those
already in place to ensure that troubling incidents do not occur.
In the interests of due diligence, I will initiate an outside, independent
review of the cases heard by the member in question. Independent expert
counsel will be retained to lead this review and to advise me both on
the scope of the review and on what steps need be taken to address any
injustices should they be found.
I want to state in clear, unequivocal terms, that the IRB
does not, and will not tolerate abuse of any kind. We are committed to
the highest standards of ethics, and the protection of the rights of those
who appear before us.
You perhaps can imagine how this allegation has affected us at the Board
and me personally. We are a proud organization with strong sense of duty,
and a history of achievement. Again and again the United Nations High
Commissioner for Refugees has lauded Canada and the IRB
for our refugee determination system. We are entrusted with a vital role
within the immigration portfolio, and we carry out our mandate fully cognisant
of our obligations under the law, our duties to Parliament and to Canadians,
and to the consequences of our decisions. There is no room for unscrupulous
behaviour at the IRB.
Regrettably, there will always be those in our society willing to violate
the rules and abuse the trust that has been given to them. No number of
safeguards or checks will ever be able to entirely protect an organization
from individuals of bad faith or character. We know as well that the actions
of individuals can call into question the integrity of the many people
who everyday serve the public conscientiously and honourably.
It would be unjust to draw conclusions about the Board on the basis of
these allegations. My comments today are intended to explain why you can
continue to have confidence in the integrity of the decision-making process
at the IRB.
I assure you that the Board remains resolute in its pursuit of the highest
standards of justice.
Let me now explain the concrete measures that are in place to ensure
that values and ethics are embodied in the work of the Board. I will also
provide you with an overview of the IRB's
merit-based appointment system. I want to look beyond recent headlines
and give you a sense of the IRB's
true character, and the high standards of ethics by which it functions.
The IRB
has at its disposal a number of instruments that guard against ethical
transgressions and conflicts of interest. The development of these instruments,
the on-going improvements to our merit-based appointment system, and the
transformation agenda the Board has pursued over recent years, exemplify
the evolution of the Board from its beginnings in 1989, to the modern,
sophisticated and innovative tribunal it is today.
The Members' Code of Conduct
The IRB
has its own Members'
Code of Conduct to govern the conduct of members in their professional
lives. Members are obliged to adhere to the Code and they swear an oath
to follow its provisions and regulations.
The Code states that the IRB
is "committed to fostering and maintaining the highest standards
of professionalism and conduct among its members". All public
office holders are required to act with honesty and to uphold the highest
ethical standards so that public confidence and trust in the integrity
of government is preserved.
Protocol for Addressing Member Conduct Issues
An important companion to the Code of Conduct is a process that enables
members of the public to bring forward complaints about member conduct.
In 1995 the Board developed a Protocol
Addressing Member Conduct Issues for dealing with complaints about
the conduct of members. The process provides for an examination of all
complaints with a view to promoting the highest standard of quality and
to respecting the rights of all those concerned, while enhancing the credibility
of the institution. As Chair, I also have the discretion to take additional
action should such an examination warrant it.
In addition to the member complaint protocol, questions of bias and other
concerns over the decisions of members can be properly addressed through
the federal court judicial review process. All IRB
decisions are subject to judicial review.
Senior IRB
Officer role
The Board also has a Senior Officer to whom any IRB
member or public servant can bring forward a concern or an allegation
of wrongdoing. The Senior Officer is responsible for ensuring that prompt
action is taken in all cases and for initiating investigations when required.
Evolution of the appointment process
Another area in which we have made great strides is the merit-based
appointment process for IRB
decision-makers. Two of the IRB's
three Divisions are staffed with Governor in Council appointed decision-makers,
the Refugee Protection Division and the Immigration Appeal Division. When
the Board was founded in 1989 there was no formal or institutionalised
mechanism for becoming a GIC
decision-maker, other than being appointed by the Governor in Council.
In 1995, the Government established a Ministerial Advisory Committee
to assist in the selection of members. In early 2004, the appointment
system evolved further and significant changes were made to the process
aimed at eliminating the perception that patronage trumped merit in the
selection of IRB
decision-makers. The objective was to ensure that only the best qualified
candidates were considered. In order to serve the best interests of the
Government and the IRB,
the Board was mandated by the Government to implement a fully merit-based
selection process for GIC appointees.
Under the new process candidates must go through an initial screening,
and then write an exam to test competencies. These competency profiles
test decision-making skills, judgment and analytical thinking, and other
job-related capacities. Candidates are then evaluated by an independent
Advisory Panel whose membership is representative of Canadians highly
qualified in their own fields. I am also a member of the Advisory Panel.
The panel reviews the application forms, CVs and test results to determine
whether candidates should be considered for an interview.
Those who are recommended for further consideration are interviewed by
a Selection Board, which I chair and which is composed of experts with
an in-depth understanding of the IRB
and its decision-making process. Structured reference checks are conducted
on those who are interviewed.
Throughout this process we are seeking not only to determine who might
be skilled as a decision-maker, but whether candidates meet the Board's
ethical standards. This is similar to the questions relating to personal
suitability that are asked of applicants seeking appointment as a judge
to the Federal Court. The interview process also demands that candidates
demonstrate a grasp of ethics; the reference checks address this issue
as well.
Since 2004, only those highly qualified candidates who have been accepted
by the Selection Board are presented to the Minister for consideration
and possible appointment.
The performance appraisal process
Regular performance appraisal is another means by which the Board monitors
the quality of the work of decision-makers. The IRB
was among the first administrative tribunals in Canada to implement a
formal performance appraisal process. The process is designed to foster
and maintain the highest standards of performance. It does not look at
the actual decisions made by the decision-makers, but does consider factors
such as productivity, analytical skills, reasons-writing proficiency and
presiding skills. It is also important to note that the appraisal process
looks at overall compliance with the requirements of the Code of Conduct.
I should mention as well that members receive training on the Code of
Conduct and conflict of interest issues during our extensive member-training
sessions.
Appointments and re-appointments
I should now turn to the issue of vacancies at the Board and the question
of appointments and re-appointments. As I said during my May 29th
appearance, in the absence of appointments and re-appointments I cannot
fulfill my promises to this committee on processing times and innovative
reforms.
A great deal has been reported in the press over recent weeks on the
number of vacancies at the Board, including more than a couple of inaccuracies.
Let me give you the official numbers as of today. This year, the IRB
has a complement of 156 members. As of today we have 40 vacancies.
Conclusion
I hope that I have conveyed the sense of the pride I feel in the IRB.
I would not be this straight forward in my presentation to you today if
I did not believe in my heart in the integrity and character of the IRB.
The IRB
undertakes its responsibilities with a steadfast determination to excel
in all facets of its operations. I believe we have created an environment
of ethics and that we have instilled a sense of responsibility and obligation
in all our employees. This is why the recent situation is so difficult;
it flies in the face of everything we uphold and of our high standards
of behaviour and conduct. We work everyday to earn the trust and confidence
of Canadians, and we are not going to let the current situation deter
us from our pursuit of excellence, or diminish the pride we feel in how
we serve Canadians and all who appear before us.
I am honoured to be the Chairperson of the Immigration and Refugee Board
of Canada, for I know that I am in the company of the most dedicated and
conscientious people with whom anyone could have the privilege of working.
We remain responsible and principled servants of the people of Canada.
That is the message I want to leave with you today.
I will be pleased to answer your questions.
|