Can a Tribunal member be fired or suspended if they behave badly during my case?

The situation

I am currently involved in a human rights dispute here in Canada regarding my former employer. Over the last six months, since my complaint was filed in January, I have noticed that one of the specific members of the Tribunal seems to have a massive conflict of interest. This person has been making comments that suggest they have already made up their mind about my situation before even hearing my evidence. I first noticed this behaviour during a preliminary hearing on March 12th, and it has continued through our last two sessions. I have already tried to raise this issue with the administrative staff and sent a formal letter to the office explaining that I feel the process is becoming biased and unfair, but nothing has changed. I am worried that this individual is not acting properly and is showing favour towards the company. I want to know if there is a way for the higher-ups to actually punish this person or if they can be removed from their position entirely. Specifically, if the Chairperson finds out about this misconduct, can they actually force a formal investigation to see if that member should be suspended without their pay cheque or kicked out of their job for being unprofessional?

Detailed Analysis

Based on the facts you provided regarding the member's behavior since March 12th, there is a legal mechanism to address potential misconduct. Under the Canadian Human Rights Act, the Chairperson of the Tribunal has the authority to start a disciplinary process.

The Chairperson may "request the Minister of Justice to decide whether a member should be subject to remedial or disciplinary measures"^[1]. This means the Chairperson can ask the Minister to look into the member's actions to see if they deserve punishment.

If the Minister agrees to move forward, they can request that the Governor in Council appoint a judge to hold a formal inquiry^[1]. This judge acts as an independent investigator with the power to summon witnesses and demand documents. During this inquiry, the member in question has a "right to be heard," meaning they must be given notice and a chance to defend themselves^[1].

If the judge finds that the member's behavior—such as showing bias or having a conflict of interest—is serious, they can make specific recommendations. The judge may recommend that the member "be suspended without pay or removed from office"^[1]. This is a disciplinary measure, which is a formal punishment for breaking rules or acting unprofessionally. Finally, the Minister can send these findings to the Governor in Council, who has the power to actually carry out the suspension or removal^[1].

While this process exists, the law does not guarantee that the member will be fired; the final decision rests with the Governor in Council based on the judge's report. Additionally, the Tribunal is required to conduct proceedings "as informally and expeditiously as the requirements of natural justice and the rules of procedure allow"^[2]. This means the process should be handled efficiently while respecting fairness.

State, provincial, or local laws may add further rules regarding administrative conduct.

Statutory Citations

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