Code of Conduct
PURPOSE OF THE CODE
1. The purpose of the Code is to
establish rules of conduct governing the professional and ethical
responsibilities of Members of the Child and Family Services Review
Board/Custody Review Board (“CFSRB/CRB”). The rules cover the primary
areas of member responsibility, that is, the conduct of hearings and
decision-making, as well as the institutional responsibilities of
members to the Board Chair, colleagues, and to the Board itself.
2.
The Code has been developed in recognition of the fundamental and
over-riding responsibility of all members to maintain the integrity,
competence and effectiveness of the Board as a whole. The rules are
intended to assist members by establishing appropriate standards of
conduct in typical administrative justice circumstances. In each case,
it remains the responsibility of each individual member to consider the
appropriate standard and to conduct himself/herself in an ethical and
professional manner.
APPLICATION OF THE CODE
3.
The rules in this Code apply to all members of the Board: the Chair,
Vice-Chairs, and full and part-time members. Where certain
responsibilities of the Chair have been delegated to a designate, the
term "Chair" in this Code should be taken to include such designates.
4.
The Code governs the conduct of members from the commencement of the
term of appointment. Also included are the continuing responsibilities
of members after completion of their term.
5. The Code may be amended from time to time to reflect the developing experience of the Board.
OVERRIDING PRINCIPLE
6.
The expectation is that the member’s conduct, both in public and in
private, should always be consistent with the office held by a member
of a quasi-judicial adjudicative Board and should be able to withstand
the closest public scrutiny.
RULES OF CONDUCT
Conflict of Interest
7.
Members must adhere to the Conflict of Interest rules published in
Ontario Regulation 381/07, established under the Public Service of
Ontario Act, 2006. Members should refer to the Child and Family Service
Review Board/Custody Review Board’s “Guide to Application of Conflict
of Interest Rules and Political Activity Rules for Members” regarding
situations or pecuniary or personal conflicts of interest.
Conduct of the Hearing
8. Members should act with honesty, integrity, and high ethical standards.
9.
A member shall approach every hearing with an open mind with respect to
every issue, and shall avoid doing or saying anything that could cause
any person to think otherwise.
10. A member shall listen
carefully and respectfully to the views and submissions of the parties
and their representatives. A member shall show respect for the parties,
representatives, witnesses, and for the hearing process itself, through
his/her demeanour, timeliness, dress and conduct throughout the
proceeding.
11. A member must demonstrate a high degree of
sensitivity to issues of gender, ability, race, language, culture and
religion, which may affect the conduct of a hearing. Such issues may
affect, for example, the affirmation/swearing-in of witnesses, the
scheduling and time of the hearing day, the attire of the participants,
among other things. In considering the demeanour of a witness in the
context of an assessment of credibility, the member should recognize
that he or she may not be familiar with cultural norms affecting the
manner of the witness.
12. Members shall conduct hearings in a
firm but courteous manner and should likewise require courteous
behaviour from hearing participants. Mutual respect among hearing
participants should be fostered. Unprofessional, sexist, racist,
ethnocentric or inappropriate religious comment or contemptuous conduct
will not be tolerated.
13. A member shall endeavour, in
accordance with the guidelines and procedures established by the Board,
to ensure that the hearing room and process is accessible and
barrier-free for all parties, representatives and witnesses.
14.
A member shall endeavour to conduct all hearings expeditiously,
preventing unnecessary delay while ensuring that all parties have a
fair opportunity to present their case.
15. Members should
conduct hearings or reviews such that those who appear before the Board
understand procedures and practices and can participate equally,
whether or not they are represented.
16. A member shall not
communicate directly or indirectly with any party, witness or
representative in respect of a proceeding, except in the presence of
all parties and their representatives. This does not prevent members
from displaying courtesy when they encounter parties or their
representatives in or outside of the hearing room, as long as members
behave in a manner that ensures parties view them as impartial toward
all participants and representatives.
Decision-Making Responsibilities
17.
A member shall make each decision on the true merits of the case, based
on the law, the evidence, and the principles of natural justice. A
member shall apply the law to the evidence. The prospect of disapproval
from any person, institution, or community must not deter a member from
making the decision which he or she believes is correct based on the
law and the evidence.
18. A member is responsible for ensuring
that all decisions are rendered promptly. Written reasons should be
prepared in accordance with Board established guidelines. A member
shall endeavour to use clear and accessible language in decision
writing.
19. Members should recognize the importance of
consistency and predictability in the exercise of their independent
decision-making authority.
20. A member must accept full responsibility for the accuracy and correctness of his or her Orders and Reasons.
Collegial Responsibilities
To Other Members
21. A member shall, through his/her conduct, endeavour to promote collegiality among Board members and with Board staff.
22.
In discussions and consultations with other members, a member will
conduct himself/herself in a manner which demonstrates respect for the
views and opinions of colleagues.
23. A member will not
comment publicly on a decision of a colleague, or on the manner in
which another member has conducted himself/herself during a hearing.
When Sitting as a Hearing Panel
24.
When sitting as a hearing panel, members will comply with the Board’s
policy guidelines governing the respective roles of the presiding
members and the other members in the conduct of a hearing and in making
interim rulings on procedural and substantive questions.
25.
Where the Board’s policy is silent, the panel should discuss in advance
their mutual expectations with respect to matters such as dealing with
objections, questions to witnesses, and panel caucusing.
26.
When, during a hearing, a presiding member becomes aware of a
difference of opinion among members of a hearing panel on a procedural
or substantive issue affecting the conduct of the hearing, he or she
should call a recess to allow the panel to discuss the issue and reach
a decision on how to proceed.
27. All members of a hearing
panel must make themselves available on a timely basis for discussions
with their panel colleagues on the conduct of the proceeding and on the
substance of the determinations to be made. When a draft decision is
provided to a hearing panel member for comments, he or she should
respond at the earliest opportunity.
28. In circumstances where
a member of a hearing panel is unable, after discussion and careful
consideration, to agree with the proposed decision of a majority of the
panel, he or she shall prepare, in a timely fashion, a reasoned dissent.
To Board Chair
29. A member will make himself/herself available to meet with the Chair on a timely basis when requested to do so.
30.
When a member becomes aware of conduct of a colleague that may threaten
the integrity of the Board or its processes, it is the duty of the
member to advise the Chair of the circumstances as soon as practicable.
31. Where a member has decided to accept an offer of employment
outside the Board, he or she will inform the Chair of the decision at
the earliest opportunity.
To Board
32. A member shall
maintain a high level of expertise in adjudication and procedural
issues, as well as in the relevant law in the area of specialty of the
Board.
33. A member will make every effort to comply with the policies, procedures and standards established for the Board.
34. Where appropriate, members should provide parties with opportunities to resolve issues before them without a formal hearing.
35.
Where a member questions the appropriateness of any policy, procedure
or standard, he or she will raise that issue with colleagues and the
Chair in the appropriate forum.
36. A member will make
himself/herself available to participate, as assigned, in non-hearing
related functions and activities, such as training new members and
participating in committees
37. A member shall not engage in conduct that exploits his/her position of authority/trust.
38.
A member shall never communicate with the media regarding a decision of
the Board. All inquiries from the media shall be referred to the Chair
or designate.
Part-Time Members
39. A part-time
member who engages in another profession, occupation or business shall
not allow those activities to undermine the discharge of his or her
responsibilities as a Board member. If the member has committed to take
a hearing, he or she shall make every reasonable effort to fulfil the
commitment.
Post-Term Responsibilities
40. A
member is prohibited from appearing before the Board as a
representative, expert witness or consultant until six months after
ceasing to be a member or after the release of any outstanding
decisions, whichever is later.
41. A member who, having ceased
to be a full-time member of the Board, continues on a per diem basis in
respect of certain ongoing proceedings, shall continue to be bound by
the restrictions and obligations of these rules, including the
responsibility of maintaining confidentiality.
42. A member
shall not, after he or she leaves the Board, act in such manner as to
take improper advantage of the office he or she held. The principle of
confidentiality continues to bind the member after the expiration or
revocation of any appointment to the Board.
ACKNOWLEDGEMENT
43.
Each member must adhere to this Code of Conduct and commit to
supporting standards set out in applicable legislation, policies or
guidelines. The interpretation and enforcement of the rules are matters
within the authority of the Chair. It is recognized that failure to
comply may result in the Chair recommending against reappointment or
revocation of appointment.
44. Members should review and
reaffirm their commitment to and compliance with the Board’s Code of
Conduct upon initial appointment and on a regular basis thereafter.
45.
Members will sign the Undertaking for Members of the Child and Family
Services Review Board and Custody Review Board, attached as Appendix A,
which indicates that they have read and understand the Code of Conduct
of the CFSRB/CRB and agree to conduct themselves in accordance with the
Code of Conduct.
June 2008
