Date: 19980828
Docket: IMM-4713-97
BETWEEN:
ZE WAI WONG
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
NADON J.
[1] The applicant seeks to set aside a decision dated October 7th, 1997 of the Appeal Division of the Immigration and Refugee Board (the "Appeal Division") which dismissed his appeal of the deportation order made against him on February 21, 1996.
[2] The only issue raised by this judicial review application is whether the conduct and remarks of panel member Ethel Teitelbaum during the hearing of the applicant's appeal give rise to a reasonable apprehension of bias. At the end of the hearing, I indicated to counsel that the application for judicial review would be dismissed because I was of the view that Ms. Teitelbaum's conduct was not such so as to give rise to a reasonable apprehension of bias.
[3] In coming to this conclusion, I have read the transcript of the evidence given at the hearing before the Appeal Division at least on three occasions. There cannot be any doubt that Ms. Teitelbaum's conduct during the hearing is not one that should be encouraged. I said to counsel during the hearing that in my view Ms. Teitelbaum appeared to have an "attitude" problem. I also found Ms. Teitelbaum to have been, on a number of occasions, rude toward counsel. I make these remarks in the hope that, in the future, Ms. Teitelbaum will mend her ways and behave in the way a decision-maker ought to behave in this country. In my view, patience and respect for counsel are necessary qualities for a decision-maker. They allow counsel to present his case in the way that he sees fit. In the case at bar, Ms. Teitelbaum did not demonstrate that she had these qualities. I need not give any examples as they all appear in the applicant's memorandum of fact and law.
[4] Notwithstanding, I have not been persuaded that Ms. Teitelbaum's conduct is such so as to give rise to a reasonable apprehension of bias.
[5] Counsel further submitted that the entire proceedings were tainted by reason of Ms. Teitelbaum's apparent bias because she was the senior member on the Panel. In other words, according to counsel, Ms. Teitelbaum was the driving force of the panel and consequently her lack of impartiality became the panel's lack of impartiality. I indicated to counsel during the hearing that I could not subscribe to this argument. The evidence, does not, in my view, come close to establishing this fact.
[6] In conclusion, although I am of the view that Ms. Teitelbaum conduct during the hearing is regrettable, it would not lead an informed person to think that the Appeal Division could not decide the applicant's appeal fairly.
[7] For these reasons, this judicial review application shall be dismissed.
"Marc Nadon"
Judge
Toronto, Ontario
August 28, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4713-97
| STYLE OF CAUSE: ZE WAI WONG |
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
DATE OF HEARING: FRIDAY, AUGUST 28, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: NADON, J.
DATED: FRIDAY, AUGUST 28, 1998
APPEARANCES:
Mr. Marshall Drukarsh
For the Applicant
Ms. Marisa Bielski
For the Respondent
SOLICITORS OF RECORD: Green and Spiegel
| Barristers & Solicitors |
| Suite 2200, 121 King Street West |
| P.O. Box 14 |
| Toronto, Ontario |
| M5H 3T9 |
For the Applicant
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980828
Docket: IMM-4713-97
Between:
| ZE WAI WONG |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER