C-080 - Conduct Authority Decision

The Appellant appealed the decision of the Assistant Commissioner of “X” Division (Respondent) who found that he had contravened section 3.3 of the RCMP Code of Conduct because, in the performance of his duties, he allegedly contravened a direction from his superiors not to use RCMP equipment to complete his grievances and/or appeals.  

On appeal, the Appellant submits that the Respondent made arbitrary and prejudicial procedural decisions based on an error of law. Furthermore, he submits that the Respondent violated his rights under paragraph 2(d) and section 15 of the Canadian Charter of Rights and Freedoms (Charter). Finally, he submits that the decision is clearly unreasonable. 

The ERC found that the Appellant’s allegation that his Charter rights had been violated was vague and that the Appellant made no submissions in support of his position. The ERC noted that the onus was on the Appellant to make submissions regarding the errors allegedly made by the Respondent that would have adversely affected him. Furthermore, the Appellant failed to demonstrate that he was entitled to be represented by counsel during his conduct meeting. 

The ERC recommended that the appeal be dismissed. 

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

[Translation]

The Appellant is challenging the Respondent’s decision that he contravened his superior’s directions, contrary to section 3.3 of the RCMP Code of Conduct.

The Appellant submits that the Respondent’s decision is based on an error of law and is clearly unreasonable. The case was referred to the ERC for review. The ERC recommends dismissing the appeal.

The Adjudicator finds that the Appellant did not demonstrate on a balance of probabilities that the Respondent’s decision contravened the principles of procedural fairness, that it was based on an error of law or that it was clearly unreasonable. The appeal is dismissed and the Respondent’s decision is confirmed.