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Citizenship and Immigration committee  With respect to complaints, I think the process that has been put in place is an improvement over the one that was there before. An ideal process would have a final decision as to who's independent. It's possible to phase that in over time, so it doesn't have to be changed right

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

Citizenship and Immigration committee  With respect to the first question, I think some of the qualities that are important are an ability to be fair, an ability to be empathetic, an ability to check biases including implicit and attitudinal biases, and certainly familiarity and ability to work with statutory interpre

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

Citizenship and Immigration committee  I'd want to think about that a little bit more. I don't have a comment on that.

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

Citizenship and Immigration committee  The process that they have implemented can be modified, so that it has the additional features that I've mentioned, such as an independent decision-maker that's final. I suppose we could go the alternate route of creating an entirely new statute, but we'd need to look at why ther

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

Citizenship and Immigration committee  Actually, I haven't looked at the Public Service Employment Act. I've looked at how under IRPA an individual can be removed, so perhaps I'll save you time.

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

Citizenship and Immigration committee  I can't comment on how Quebec deals with that problem, so I won't deal with that. I think Professor Houle would have been a better witness for that. In terms of having adjudicators who are part of the public service, I've been talking about having more GIC appointees, or respect

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

Citizenship and Immigration committee  No, the role is both. If I understood, you asked whether it is to protect the public—

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

Citizenship and Immigration committee  Okay, sorry. It's definitely to protect the administration of justice.

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

Citizenship and Immigration committee  I don't think I said his role is to protect the tribunal members.

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

Citizenship and Immigration committee  Exactly. That's what I said, that the public will—

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

Citizenship and Immigration committee  I don't think it's that easy, right? He will always be perceived as being there to protect the integrity of the tribunal. This is not just the IRB; any tribunal chair will always be perceived as having an interest in making the tribunal look its best. That's what I was trying to

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

Citizenship and Immigration committee  Sure. First, one reason that GIC and OIC appointees emerged historically was to ensure that there weren't necessarily entrenched views over time. When we have a three- or five-year appointment, there's a chance to bring in perhaps a new perspective—not just of the political parti

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

Citizenship and Immigration committee  I think this is a very unusual situation, because we have decision-makers who are part of the public service. This is not normally seen. GIC or OIC appointees are the normal approach. In terms of the process, it's hard to say because I don't have any examples. I don't think it n

April 24th, 2018Committee meeting

Prof. Laverne Jacobs

Citizenship and Immigration committee  I'd have to think about that a little more carefully; all I can say for now is that without having looked through all the details, I think it's a matter of considering the problematic factors in finding out whether or not the process could be shaped to address them.

April 24th, 2018Committee meeting

Prof. Laverne Jacobs