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

RCMP member alleged to have committed serious Code of Conduct violation.

Appropriate Officer initates hearing before Adjudication Board.

3-member Adjudication Board holds hearing on merits.

Board determines if allegation is established.

If no allegation is established, and neither party wishes to appeal, end of disciplinary process.

If Board determines an allegation is established, Board holds hearing on sanction.

Board determines sanction.

If neither party wishes to appeal, end of disciplinary process.

If either party wishes to appeal, 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 disciplinary process.

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

Federal Court process.

Note: Member has an unlimited right of appeal; the Appropriate Officer can appeal a finding that no violation of the Code of Conduct occurred but has very limited right to appeal the sanction.