Bernal v. Canada ( Minister of Employment and Immigration )
92-T-2103
Reed J.
22/9/93
4 pp.
Application for leave to appeal-During cross-examination Immigration Refugee Board member asking "Do we have a war going on, is there a battle, are we playing darts, what is going on?" -- In reasons finding no credible basis to refugee claim, member commenting hearing began with applicant's attitude being one of "male macho pride" in story -- Applicant alleging comments demonstrating bias as first indicating member treating violence in Columbia flippantly, and second demonstrating sexist, sarcastic attitude -- Application denied -- No difference between comments denigrating or trivializing males and those denigrating or trivializing females, but on totality of evidence applicant not having arguable case -- While both remarks inappropriate, transcript indicating first uttered in frustration to applicant's unresponsiveness and evasiveness -- Second remark commenting on applicant's demeanour, attitude towards Board -- Demonstrating bias neither towards males in general nor towards particular applicant because male -- Remarks not raising apprehension of bias in mind of reasonably knowledgeable person -- Merely intemperate outburst of frustration -- Although unusual to give written reasons for denial of leave to appeal, prepared herein to ensure applicant and counsel knowing argument regarding equal application of gender bias rules carefully considered.