C-139 - Conduct

The Appellant appealed the decision of the Conduct Authority (Respondent), who found that she breached section 3.2 (Abuse of Authority) and section 7.1 (Discreditable Conduct) of the RCMP Code of Conduct during several off-duty interactions with her tenants and municipal police service officers, who responded to the disputes between the Appellant and her tenants.

The Appellant submitted that the decision was reached in a procedurally unfair manner because she was not informed of the four requests for the extension of the one-year statutory limitation period for imposing conduct measures nor was she provided with an opportunity to provide a response to the extensions. The Appellant further argued that the decision is based on an error of law for the following two reasons: the conduct measures were imposed outside of the prescribed limitation period, and the Respondent neglected to abide by the Force’s duty to inquire into her mental health condition. Lastly, the Appellant contended that the decision is clearly unreasonable because the evidence does not support the Respondent’s findings that the allegations are established.

The ERC found that the Appellant did not establish that the decision was procedurally unfair, based on an error of law, or clearly unreasonable. The ERC found that the decision not to seek a submission from the Appellant on the requests for an extension did not constitute a violation of the requirement of procedural fairness in the circumstances of this case. The ERC also found that the Appellant did not establish an error of law with respect to the imposition of the conduct measures nor the Force’s duty to inquire into her medical condition. Lastly, the ERC found that the Appellant’s arguments on the allegations were effectively a request to reweigh the evidence, which is beyond the scope of the appeal and insufficient to demonstrate that the decision is clearly unreasonable.

The ERC recommends that the appeal be dismissed.