C-082 - Conduct Board Decision

The Respondent, a regular member, was at a Canadian airport while returning from a trip abroad. The Respondent declared CAD $600.00 in purchased goods. A Canadian Border Services Agency (CBSA) Officer (Officer A) examined receipts found in the Respondent’s possession. These showed that the value of purchased goods in the Respondent’s possession was CAD $2,279.05. The Respondent made a number of inappropriate comments towards Officer A during their interaction. The next morning, when reporting the events to her RCMP supervisor, the Respondent did not fully convey the dollar value of the items she had failed to declare. The Respondent eventually pleaded guilty to having made a false declaration under the Customs Act, for which she was granted an absolute discharge.

Following a contested hearing, a Conduct Board (Board) found that the Respondent had engaged in discreditable conduct, thereby contravening section 7.1 of the RCMP Code of Conduct in three separate instances: (i) by making a false declaration; (ii) by making inappropriate comments during her interaction with Officer A, and; (iii) by providing misleading information to her supervisor when reporting the incident. In assessing suitable conduct measures, the Board took into account mitigating factors that included the Respondent’s positive employment record and absence of prior discipline, her apology during the conduct measures phase, and letters of support. While recognizing the severity of the misconduct as an aggravating factor, the Board viewed the Respondent’s actions as a one-time serious error in judgment, and imposed a 45-day pay forfeiture, as well as additional measures that included an ineligibility for promotion for a period of three years.

The Appellant presented an appeal of the conduct measures imposed, seeking the Respondent’s dismissal on the following grounds: (i) the Board had mistakenly accepted the Respondent’s apology and letters of support to be a mitigating factors; (ii) the Board had underestimated the burden of retaining the Respondent as a member of the Force; and (iii) the Board had failed to consider two additional aggravating factors.

The ERC did not see a convincing reason to interfere with the conduct measures imposed. First, the Board was entitled to accept the Respondent’s apology during the conduct measures phase even though it had found her earlier explanations for the false declaration to lack credibility. The Board could also give weight to the letters of support. The Board’s reasons indicated that it was alive to the totality of the evidence when it concluded that the Respondent understood the severity of her actions, and when it accepted the letters of support as a mitigating factor. Second, the Board indicated that it understood the ramifications of the Respondent’s obligation to disclose her misconduct going forward, which it recognized as a significant but not unsustainable burden to the Force. This finding was open to it based on the record. Finally, the Board had not erred with respect to the two additional aggravating factors identified on appeal. The concerns raised in one of those grounds had in fact been addressed in an aggravating factor identified by the Board. The other ground was an entirely new consideration, and the interests of justice did not justify considering it for the first time on appeal

The ERC recommended dismissing the appeal and confirming the conduct measures.

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

The Respondent faced three allegations under section 7.1 of the RCMP Code of Conduct for engaging in discreditable conduct in a manner that is likely to discredit the Force. The Respondent declared CAN$600.00 in purchased goods at the Canadian airport upon her return from a trip abroad. A Canadian Border Services Agency Officer [A] examined receipts found in the Respondent’s possession that showed the value of purchased goods in the Respondent’s possession to CAN$2,279.05. The Respondent made a number of inappropriate comments towards Officer [A] throughout their interaction. The next morning, the Respondent reported the events to her RCMP supervisor; however, she did not convey the dollar value of the items she did not declare. The Respondent subsequently pleaded guilty to making a false declaration under the Customs Act, RSC, 1985, c 1 (2nd supp.), for which she was granted an absolute discharge.

The Respondent contested all three allegations. The Conduct Board found that the allegations were established and imposed a 45-day pay forfeiture, as well as additional conduct measures, including an ineligibility for promotion for a period of 3 years.

On appeal, the Appellant sought the Respondent’s dismissal, arguing that the Conduct Board: mistakenly accepted the Respondent’s apology and letters of support as mitigating factors; had underestimated the burden of maintaining the Respondent as a member of the Force that was created by her McNeil disclosure requirement; and had failed to consider two additional aggravating factors.

The appeal was referred to the ERC for review, who found that the Conduct Board did not err in its consideration of mitigating and aggravating factors and did not render a clearly unreasonable decision.

The adjudicator found that the Conduct Board’s decision was supported by the Record and is not clearly unreasonable. Thus, the appeal is dismissed.