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