Immigration board members are cleared: Complaint of Racism: Complainant questions inquiry's independence

Authors: Jeremy Barker, National Post, December 05, 1998

Pagination: A5

Personal Names: Ratushny, Ed

Abstract:

Prof. [Ed Ratushny] also took over the investigation of complaints from Maureen Silcoff, a lawyer and former board member, who accused other board members of making anti-Semitic, racist, and homophobic remarks.

In his report Prof. Ratushny questioned why Ms. Silcoff, who filed her complaints on Sept. 3, 1998, did not do so during her five- year board term.

Ms. Silcoff questioned the independence of Prof. Ratushny's inquiry. "This is not an independent investigation by any means. (Copyright National Post 1998) Full Text:

A law professor investigating the Immigration and Refugee Board's complaints process has found formal complaints against two board members to be "without merit."

Prof. Ed Ratushny, an Ottawa law professor who has written and spoken extensively on tribunals and the refugee process, was commissioned more than a month ago to review the board's process.

Prof. Ratushny also took over the investigation of complaints from Maureen Silcoff, a lawyer and former board member, who accused other board members of making anti-Semitic, racist, and homophobic remarks.

In his report Prof. Ratushny questioned why Ms. Silcoff, who filed her complaints on Sept. 3, 1998, did not do so during her five- year board term.

He stated that her complaints may have been due to resentment that she was not reappointed.

Other complaints were dismissed as tenuous, unfounded or not credible.

Ms. Silcoff said: "It's clear to me that every benefit of the doubt was given to the members complained of but it seems that I had an extremely high threshold to overcome."

Ms. Silcoff questioned the independence of Prof. Ratushny's inquiry. "This is not an independent investigation by any means.

It's an investigation conducted by the board by someone hired by the board."

David Zimmer, the assistant deputy chairman at the board's Toronto office, rejected any notion that Prof. Ratushny was not impartial.

"He is a man of great integrity and he has the board's fullest confidence. His independence is above reproach and that is certainly his reputation in the legal community.

"He had a difficult job to do and he did it objectively and fairly. I don't have any difficulty in accepting [his conclusions]," Mr Zimmer said.

Reproduced with permission of the copyright owner.