C-126 - Conduct Authority Decision

The Appellant appealed the conduct measure imposed by a Conduct Board (Board) who found that three allegations against him had been established, contrary to section 2.1 of the RCMP Code of Conduct. The allegations involved sexually harassing and making discriminatory comments towards three regular members, two of whom were his subordinates. The Board directed the Appellant to resign from the Force, in default of which he would be dismissed.

The Appellant submitted that the decision on conduct measures was clearly unreasonable for the following three reasons: first, the Board ignored or misconstrued evidence on the mitigating factor of rehabilitative potential, and failed to address key legal principles and caselaw on the issue of rehabilitation; second, the Board considered an aggravating factor which was unsupported by the evidence and inadequately explained in the decision; and third, the Board imposed a disproportionate conduct measure.

The ERC found that the Board made a clearly unreasonable finding in its consideration of the Appellant’s rehabilitative potential. The ERC reasoned that there appeared to be a contradiction between the Board’s findings on the likelihood of recidivism and rehabilitative potential. Specifically, the ERC found that the Board’s reasoning that the Appellant did not demonstrate a potential to be rehabilitated was, in this case, contradictory to the finding that there was a minimal likelihood of recidivism.

In spite of this, the ERC found that the overall finding ordering the Appellant’s dismissal was not clearly unreasonable. The ERC explained that the Board’s reasons articulated a clear perspective on the rupture of the employment relationship between the Appellant and the RCMP that was resistant to rehabilitative objectives, even where remorse has been expressed.

The ERC recommends that the appeal be dismissed.