Recent Findings and Recommendations: November 2024

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

File Number File Type Keyword
NC-228 Harassment
  • Tunnel vision
  • Neutral investigation
  • Thorough investigation
  • Managerial authority
  • New evidence
  • Legitimate exercise of authority
  • Rational and tenable line of analysis
  • Weighing of evidence
NC-229 Harassment
  • Harassment
  • Timeliness of complaint – extension of limitation period granted by implication
  • Admissibility of new evidence on appeal
  • Alleged procedural unfairness – sufficiency of investigation
  • Alleged application of irrelevant policy/failure to address policy
  • Alleged clearly unreasonable decision – error of fact
  • Alleged clearly unreasonable decision – sufficiency of reasons
  • Alleged clearly unreasonable finding regarding harassment
  • Implicit and reasonable application of the ‘reasonable person test’
  • Appeal dismissed
NC-230 Harassment
  • Error of law - onus of proof
  • Cumulative analysis/series of incidents
  • Clearly unreasonable – credibility
NC-231 Harassment
  • Error of law - onus of proof
  • Cumulative analysis/series of incidents
  • Clearly unreasonable – credibility
NC-232 Harassment
  • Discharge
  • Voluntary medical retirement
  • Form 1733
  • Unfit for duty
  • Disability
  • Insufficiency of reasons
NC-233 Harassment
  • Harassment
  • Error of Law (Failure to Apply Proper Policy)
NC-234 Harassment
  • Harassment
  • Timeliness
  • Statutory time limit
  • Pentney (continuing intention, arguable case, reasonable explanation, prejudice to the other party)
  • Exceptional circumstances
NC-235 Harassment
  • Harassment
  • Timeliness
  • Statutory time limit
  • Pentney (continuing intention, arguable case, reasonable explanation, prejudice to the other party)
  • Exceptional circumstances
NC-236 Harassment
  • Failure to meet 14-day time limit to appeal a harassment decision
  • Consideration of whether a retroactive extension of 14-day time limit should be granted
  • Error of law due to failure to conduct a cumulative assessment of incidents in harassment complaint
  • Clearly unreasonable decision resulting from a failure to investigate the complaint
NC-237 Harassment
  • Harassment
  • Presumption of impartiality
  • Procedural fairness
  • Witness
NC-238 Harassment
  • Bias
  • Delay
  • Abuse of process
NC-239 Harassment
  • Bias
  • Delay
  • Abuse of process

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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2025-02-13