Recent Findings and Recommendations: January 2024

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

File Number	File Type	Keyword
C-092	Conduct	Conduct authority decision Second employment request denied Failure to obey lawful order Retroactive approval for second employment Respondent’s failure to consider evidence Appeal allowed Findings that should have been made Allegations established Conduct measures confirmed
C-093	Conduct	Appeal procedure New grounds Charter Procedural Fairness Waiver
C-094	Conduct	Harassment allegations established Time limit for imposition of conduct measures Section 42(2) of the RCMP Act Alleged procedural unfairness – delays in investigation and harassment complaint Alleged clearly unreasonable decision New information Absence of Order of Temporary Reassignment Authority to reassign Administrative “irregularity” which does not bar review of appeal on its merits Appeal dismissed
C-095	Conduct	Appeal of a conduct authority decision Failure to perform duty Employer’s duty to inquire Conduct measures appealed Prior misconduct Consideration of length of service
C-096	Conduct	Unauthorized pursuit Misapprehension of relevant evidence Unreasonable findings of fact Failure to provide sufficient reasons
NC-155	Harassment	Harassment Complaint Sufficiency of Investigation Right to be Heard Omission to Interview Key Witness
NC-156	Harassment	Harassment Bias Standing Timeliness Sufficiency of investigation Factual errors Accommodation
NC-157	Harassment	Error of law Reasonable person test Sufficiency of reasons Abuse of Authority Discrimination
NC-158	Harassment	Failure to investigate Error of law Reasonable person test Sufficiency of reasons Abuse of Authority
NC-159	Harassment	Harassment No investigation mandated Misapplication of legal test for harassment Alleged bias and pre-judgment of harassment complaint Alleged onus of proof Clearly unreasonable Failure to consider series of incidents as a whole Error of law observation Appeal allowed
NC-160	Harassment	Procedural fairness Supplement complaint Failure to mandate investigation Fully present case Clearly unreasonable Insufficient information, no rational or tenable line of analysis
NC-161	Harassment	Procedural fairness Supplement complaint Failure to mandate investigation Fully present case Clearly unreasonable Insufficient information, no rational or tenable line of analysis

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:: 2024-03-26

Language selection

Search

Recent Findings and Recommendations: January 2024

Page details