C-125 - Conduct Authority Decision

The Appellant appealed the decision of the Conduct Authority (Respondent) who found that he contravened section 8.1 of the RCMP Code of Conduct (Reporting) by providing false, misleading or inaccurate information to a supervisor, section 8.2 (Reporting) by failing to report he was under investigation and, section 4.6 (Duties and Responsibilities) by misusing government-issued equipment.

The Appellant submitted that the decision on the allegations is clearly unreasonable because it failed to address key arguments, it lacks justification, intelligibility, and transparency; it is impossible to figure out the basis for the decisions on each allegation. The Appellant also submitted that the conduct measures are clearly unreasonable.

The ERC found that the Appellant established that the Respondent failed to address key arguments and to provide sufficient reasons for finding that there was misconduct. The ERC recommends that the appeal be allowed. The ERC further recommends that the Commissioner, in making the findings that the Conduct Authority should have made, find that the Appellant’s arguments are unsuccessful and that the allegations are established. The evidence demonstrates that the Appellant did provide false, misleading and inaccurate information to his supervisor, failed to report being under investigation and misused his government-issued equipment.  

The ERC recommends that the appeal be allowed. The ERC further recommends that all three allegations be found established and that conduct measures be imposed in the mitigated and aggravated ranges.