Recent Findings and Recommendations: March 2023

In March 2023, the Chairperson of the RCMP External Review Committee (ERC) made the following Findings and Recommendations:

File Number	File Type	Keyword
C-069	Conduct Appeal	Failure to meet 14-day time limit to appeal a conduct decision, calculation of delay when decision is served on the subject Member electronically Impact on calculation when last day of time limit falls on a weekend or statutory holiday Consideration of whether a retroactive extension should be granted
C-070	Conduct Appeal	Conduct meeting Finding of use of excessive force Appeal of finding Subsequent provincial court finding of no excessive force Principle of relitigation Appeal allowed
C-071	Conduct Appeal	Time limit to impose conduct measures Time extension denied Findings on allegations No conduct measures imposed Error of law Federal Court of Appeal Decision Findings on allegations permitted after expiry of time limit to impose conduct measures Appeal denied
C-072	Conduct Appeal	Conduct measures Mitigating factors Failure to consider, appropriateness of imposed measures Validity of aggravating factors
C-073	Conduct Appeal	Excessive use of force, contradictions in expert reports Whether use-of-force protocol was followed, relevance of related criminal court decision Whether the final adjudicator’s decision may constitute relitigation amounting to an abuse of process
NC-119	Fresh evidence on appeal	No written response to appellant’s recusal Request Failure to investigate harassment complaint Opportunity for complainant to be heard
NC-120	Fresh evidence on appeal	Reasonable apprehension of bias of the decision-maker Failure to investigate harassment complaint Opportunity for complainant to be heard
NC-121	Fresh evidence on appeal	Reasonable apprehension of bias of the decision-maker Investigator bias Legitimate expectation that complainant would be interviewed
NC-122	Fresh evidence on appeal	Reasonable apprehension of bias of the decision-maker No written response to appellant’s recusal request Failure to investigate harassment complaint Opportunity for complainant to be heard
NC-123	Fresh evidence on appeal	No written response to appellant’s recusal request Failure to investigate harassment complaint Opportunity for complainant to be heard
NC-124	Harassment	New information on appeal Impartiality of investigator
NC-125	Error of law	Standard of review Correctness Harassment investigation Burden of proof
NC-126	Statutory time limit	Retroactive extension.
NC-127	Harassment complaint	No investigation Manager’s failure to address issues Definition of harassment not met Offensive component of harassment not present Appeal denied
G-782	Grievance	Sick leave Medical discharge Discharge Discharge plan 336 hours time off Overtime Officer exempt category (OEC) Recognition Entitlement Pay out Payment Cash Cash in lieu Discrimination Disability Additional hours worked Misinterpretation Policy Service record
D-142	Disciplinary Appeal	Legacy discipline Disgraceful conduct Asking member to falsify police report Sufficiency of particulars Alleged adverse inference Credibility.

If you would like to be notified when the ERC posts new Findings and Recommendations summaries, please contact us at org@erc-cee.gc.ca.

Page details

Date modified:: 2023-08-24

Language selection

Search

Recent Findings and Recommendations: March 2023

Page details