C-113 – Conduct Authority Decision

At the relevant time, the Appellant was a detachment commander. During another Code of Conduct investigation into the Appellant, it was alleged that the Appellant made negative comments regarding female police officers and their potential placement in his detachment.

After the comments were identified, the Respondent mandated a separate Code of Conduct investigation with a single allegation that he breached section 2.1 (Respect and Courtesy) of the RCMP Code of Conduct by making inappropriate and sexist comments about the potential transfer of female members to his detachment. As conduct measures, the Respondent imposed the loss of 5 days’ pay and 5 days’ leave. The Appellant appeals the conduct measures imposed against him.

The Appellant identifies that the conduct measures imposed were the highest penalty of the aggravated range for the established contravention. In the Appellant’s view, the measures are clearly unreasonable because they fail to properly balance and consider the mitigating and aggravating factors. As well, the Appellant submits that the measures were disproportionate and punitive, in light of measures instated for similar actions.

The ERC found that the conduct measures were not clearly unreasonable. The ERC found that the Respondent improperly considered the Appellant’s prior discipline because it occurred at the same time as the events in question. The Appellant should have been granted an opportunity to learn from the prior discipline in order for it to be a valid aggravating factor. The remaining mitigating and aggravating factors were entitled to deference and should not be re-weighed on appeal. As a result, the ERC found that the overall selection of the conduct measures were not clearly unreasonable.

The ERC recommends that the appeal be dismissed.