Recent Findings and Recommendations: May 2024

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

File Number File Type Keyword
C-103 Conduct
  • Failure to execute duty properly
  • Code of Conduct Section 4.2
  • Forfeiture of pay
  • Remedial measure
  • Clearly unreasonable
  • Bias
  • Subjective reasoning
  • Sufficiency of investigation
C-104 Conduct
  • Unauthorized pursuit
  • Extension of time limits
  • Continued intention to pursue the appeal
  • Reasonable explanation for the delay
  • Prejudice to the appellant
  • Public interest
C-105 Conduct
  • Procedual fairness
  • Right to be heard
  • Role of conduct advisor
  • Retroactive extension of time limit
  • Clearly unreasonable
  • Performance or conduct
C-106 Conduct
  • Appeal by Conduct Authority of Conduct Measures imposed by Board
  • Scope of appeal – broad enough to include findings on allegation
  • Discreditable Conduct
  • Sexual assault
  • Alleged clearly unreasonable decision
  • Errors of fact
  • Error of law
  • R v. Ewanchuk test
  • MacLeod v. Canada (Attorney General)
  • Notice of Conduct Hearing – wording of particulars
  • Mitigating and Aggravating factors
  • Appropriate Penalty – Order to Resign, and in default, dismissal
  • Appeal allowed
C-107 Conduct
  • Decision to hold conduct proceeding
  • Extension of time limit for imposing conduct measures
  • No procedural unfairness or reviewable error
NC-192 Harassment
  • Timeliness
  • Statutory time limit
  • Pentney
NC-193 Harassment
  • Standing
  • Clearly unreasonable
  • Factual errors
  • Misrepresentation of facts
  • Insufficiency of reasons
  • Key submissions
  • Accommodation
NC-194 Harassment
  • Procedural fairness
  • Right to be heard
  • Reasonable apprehension of bias
NC-195 Medical Discharge
  • Fresh evidence on appeal
  • Sufficiency of reasons
  • Disclosure of information in the context of an employment requirement process
NC-196 Harassment
  • Extension of time limit
  • Insufficiency of reaons
  • Official language
  • New evidence

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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