Recent Findings and Recommendations: August 2024

In August 2024, the Chairperson of the RCMP External Review Committee (ERC) made the following Findings and Recommendations:

File Number	File Type	Keyword
C-112	Conduct	Conduct Measure Financial penalty
C-113	Conduct	Conduct Measure Mitigating factors Aggravating factors Proportionality Prior discipline
C-114	Conduct	Procedural Fairness Mitigating factor Expert evidence
NC-208	Stoppage of Pay and Allowances	Inappropriate sexual relationships with members of the public Absence of appeal submission Effect of sick leave on SPA Detrimental impact of SPA Exceptional circumstances Clear involvement Requirements to order SPA
NC-209	Harassment	Admissibility of new evidence Error of law Burden of proof to establish harassment Procedural fairness Presumption of impartiality Reasonable apprehension of bias Right to be heard
NC-210	Harassment	Error of law Burden of proof to establish harassment Procedural fairness Presumption of impartiality Reasonable apprehension of bias
NC-211	Harassment	Error of law Burden of proof to establish harassment Procedural fairness Presumption of impartiality Reasonable apprehension of bias Right to be heard
NC-212	Harassment	Error of law Burden of proof to establish harassment Procedural fairness Presumption of impartiality Reasonable apprehension of bias
NC-213	Harassment	Standing Procedural fairness Sufficiency of investigation Clearly unreasonable Key arguments Factual errors Accommodation
NC-214	Harassment	Standing to appeal – retired member Length of appeal submissions Admissibility of new evidence on appeal Clearly unreasonable finding – No investigation mandated Procedural unfairness finding – No opportunity to rebut Alleged Harasser’s information Procedural unfairness finding – Reliance on information from outside sources/own opinion(s) Alleged Harasser informed about harassment complaint – no error Alleged Harasser’s response obtained without an investigation – no error Alleged bias due to supervisory relationship – not established Alleged bias of Respondent – not established Alleged biased of Harassment Unit – not established Alleged unreasonable delay in receipt of Decision – not established Appeal allowed
NC-215	Harassment	Timeliness of harassment complaint – implicit granting of extension to limitation period Standing to appeal – retired member Admissibility of new evidence on appeal Clearly unreasonable finding – No investigation mandated Procedural unfairness finding – No opportunity to include supplemental information following initial complaint Alleged Harasser informed about harassment complaint – no error Alleged Harasser’s submission obtained without an investigation – no error Alleged Harasser’s consent to information being shared with Appellant – purely technical procedural irregularity Respondent’s reliance on Alleged Harasser’s response – no error Alleged bias of Harassment Unit – not established Alleged unreasonable delay in processing of file – not established Alleged issue with Respondent’s location – not established Appeal allowed
NC-216	Harassment	Recusal Reasonable apprehension of bias Test for harassment Alleged harasser's intentions New evidence
NC-217	Harassment	Clearly unreasonable Investigation Central arguments Insufficiency of reasons
NC-218	Harassment	Length of appeal submissions Admissibility of new evidence on appeal Clearly unreasonable finding – No investigation mandated Procedural unfairness finding – No opportunity to rebut Alleged Harasser’s information Procedural unfairness finding – Reliance on information not contained in the record Alleged bias Alleged unreasonable delay in receipt of Decision Appeal allowed
G-788	Harassment	Respondent’s Decision to deny harassment complaint– New documents admissible at Level II- Respondent’s factual findings consistent with evidence- Respondent did not misstate or misapply applicable legal test- Respondent did not ignore relevant principle when considering whether harassment had taken place.

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.

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2025-01-28

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Recent Findings and Recommendations: August 2024

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