2009-10 - RCMP Discharge and Demotion Process and the Role of the ERC - Key Steps

RCMP member is alleged to have repeatedly failed to perform duties in a fitting manner, despite reasonable assistance, guidance and supervision.

Appropriate Officer initiates discharge and demotion process by serving a Notice of Intention.

Member receives "Notice of Intention" and examines supporting material.

If Member accepts discharge or demotion, end of discharge and demotion process.

Otherwise, Member requests convening of a Discharge and Demotion Board to hold hearing.

Discharge and Demotion Board holds hearing and makes decision.

If neither Member or Appropriate Officer wish to pursue matter further, end of discharge and demotion process.

If either party wishes to pursue matter further, either party may appeal decision to RCMP Commissioner.

RCMP Commissioner refers appeal to ERC for review.

ERC receives appeal from RCMP Commissioner for review.

ERC Chair, with support of staff, reviews the case.

ERC Chair arrives at findings and makes recommendations.

ERC Chair issues findings and recommendations to RCMP Commissioner and the parties (end of ERC involvement).

RCMP Commissioner reviews case, and reaches final decision, then notifies parties and ERC.

If party does not wish to have decision reviewed, end of discharge and demotion process.

If party wishes to have decision reviewed, party may apply to Federal Court to review RCMP Commissioner's decision.

Federal Court process.