C-063 - Conduct Authority Decision

The Appellant principally appeals the Respondent’s decision to give him a conduct measure comprising a transfer to a larger post, at the discretion of Career Development and Resourcing.

The process that gave rise to this appeal unfolded as follows. The RCMP alleged that the Appellant committed discreditable conduct by pursuing a romantic relationship with a vulnerable person, contrary to section 7.1 of the Code of Conduct. After an investigation and a conduct meeting, the Respondent found the allegation to be established and ordered conduct measures. They included multi-day forfeitures of pay and leave, a reprimand, and the above-noted transfer. The Respondent explained why he imposed the transfer. The key reason was that the Appellant could no longer serve at his post, given that it was in a small community with which the RCMP’s relationship might otherwise be harmed beyond repair. The Respondent added that a transfer to a larger post would give the Appellant the best opportunity for continued success.

The Appellant believes the inclusion of a transfer makes his conduct measures too punitive. He raises several grounds of appeal. They boil down to two key positions: the decision to impose a transfer alongside the other conduct measures was rooted in bias; and is unreasonable.

The ERC found that there was no reasonable apprehension of bias staining the Respondent’s decision to impose the conduct measures in general, and the transfer specifically. The Appellant did not supply any evidence to rebut the strong presumption that the Respondent decided the case impartially. The ERC further found that the Respondent’s decision did not give rise to any of the limited situations in which interfering with a conduct measure was appropriate. Rather, the Respondent’s decision to impose the conduct measures was supported by evidence in the record and/or consistent with relevant legal authorities.  

The ERC recommended that the Commissioner dismiss the appeal.

The Commissioner’s decision, as summarized by his office, is as follows:

The Appellant had two encounters with the complainant. The first encounter involved the Appellant as the responding officer to the complainant’s concerns that a patient was stalking her. The second encounter occurred about 21 months later, when the Appellant in uniform attended the place where the complainant worked. The Appellant later sent the complainant a private message on Facebook. The complainant advised the Appellant that the message made her feel uncomfortable, after which she filed a complaint against him.

The Appellant was investigated and accused of discreditable conduct. After a conduct meeting, the Respondent imposed measures including multi-day forfeitures of pay and leave, a reprimand, and a transfer to a larger post. The Respondent explained that he imposed the transfer because the incident took place in a small community with which the RCMP’s relationship might otherwise be damaged should the Appellant remain. Furthermore, the Respondent added that a transfer to a larger post would afford the Appellant the best opportunity for continued success.

The Appellant appealed the conduct measures and in particular the transfer to a larger post determined at the discretion of Career Development and Resourcing. The Appellant claimed that this conduct measure was rooted in bias and is clearly unreasonable.

The ERC recommended that the appeal be dismissed. The adjudicator agreed and dismissed the appeal.