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The Toronto Star
NEWS, Wednesday, October 28, 1998

Refugee board affair still needs airing

Moshe Ronen

On Oct. 1 Immigration and Refugee Board (IRB) deputy chair John Frecker offered an "unhesitating and unequivocal apology" for a September, 1997 incident where he gave a Nazi salute and uttered the words "seig heil." The apology was made at a meeting before board members and IRB staff.

This step was taken following the recommendations of a report released earlier in that week. After conducting an investigation of the incident, Ottawa lawyer David Scott determined that a direct apology to board members and staff would "remove any lingering questions or resentment." His report concluded "the incident would obviously be offensive to individuals" but the remarks were not racially motivated. (Mr. Frecker said he saluted as a parody in an "ironic reply" to a suggestion that the Board was acting in Stalinist fashion).

Canadian Jewish Congress (CJC) welcomes the report's findings and Mr. Frecker's apology. However, concerns remain about how this incident was initially handled and the inadequate steps taken thereafter by the IRB chair, Nurjehan Mawani. According to the Scott report, Ms. Mawani quickly became aware of Mr. Frecker's actions but chose only to monitor the situation, doing nothing when the controversy appeared to dissipate. Commenting on that, the report further noted that "the situation ought to have been handled differently."

If this were an isolated incident, the Scott report and the deputy chair's apology would be sufficient. But the published media reports of the "seig heil" episode prompted the expression of several other extremely serious concerns about the IRB. A former board member, lawyer Maureen Silcoff, has filed a formal complaint against four sitting board members alleging racism, anti-Semitism, homophobia and anti-refugee bias. One of these members expressed concern about working with an immigration lawyer who is homosexual.

Former deputy chair, Michael Schelew, has been quoted that during his time at the IRB in 1995, he was aware "of an undercurrent of anti-Semitism on the board." CJC offices have received calls from IRB members that lend credence to Mr. Schelew's claim. It appears that anti-Semitic and racist jokes were not uncommon. It is alleged that a board member regularly referred to one of his colleagues as "the Jew." That same member was apparently circulating material to his board colleagues against the denaturalization of Nazi war criminals. Clearly it is at least inappropriate for a member to engage openly in political advocacy within the IRB, particularly when the topic has an immigration component.

It is bad enough that certain members engaged in this unacceptable activity, but perhaps more worrisome is that it was allowed to continue for so long. Behaviour such as this poisons the atmosphere and would not be tolerated in any workplace. That it occurred at the IRB, where members are especially appointed for their sensitivity and understanding of the dangers of racism and xenophobia, should be of great concern to all Canadians.

As these serious allegations emerged, CJC repeatedly requested that an extensive and independent inquiry be conducted. Following Mr. Scott's appointment, we called upon Ms. Mawani to broaden the scope of his mandate beyond the Frecker case to examine other charges of bias. Severe allegations, such as the ones that have surfaced, put at risk the credibility of the IRB. To restore public confidence an exhaustive, arm's-length investigation of all these allegations is crucial.

Ms. Mawani has refused requests for a comprehensive inquiry conducted by an outside investigator. She says that the IRB has its own mechanism and established procedures to handle specific complaints. But if these established procedures were truly effective, they would have quickly dealt with these instances a long time ago. Publicity surrounding the "sieg heil" incident was needed to facilitate any action. It should be noted that the Scott report was critical about the way these established procedures worked in the Frecker case. When a public institution faces serious and multiple charges of racism and other bias, an internal review is simply not adequate. At the very least, it could arouse suspicion of a cover-up.

Given the sensitive nature of their duties, board members must be beyond reproach when it comes to any accusation of bias. In the words of the Scott report, "The IRB is a unique institution which requires, for the effectual execution of its work, an atmosphere untainted by any sense of discrimination or racism."

For this reason, CJC believes it is in everyone's interest to launch immediately, an independent and exhaustive inquiry of all the charges of racism and bias that have surfaced. The Scott report was an effective method of resolving the Frecker incident but it should serve only as a first step. It would be the best way to rebuild public trust. Ms. Mawani's refusal to do so will only exacerbate the negative perceptions that currently surround the IRB.

Moshe Ronen is the national president of the Canadian Jewish Congress.

Category: News
Edition: 1
Length: Medium, 650 words

Doc. : news·19981028·TS·2800100108