C-141 - Conduct Appeal

The Appellant appeals the decision of the Respondent who established two contraventions of the RCMP Code of Conduct. The first allegation regarded the Appellant conducting searches of a family member on internal police databases in contravention of section 4.6 of the Code of Conduct. The second allegation related to the Appellant yelling at a more senior member of the RCMP upon the Appellant being served documents in his home in contravention of section 2.1 of the Code of Conduct. The Respondent found that both allegations were established, and ordered global conduct measures consisting of the loss of ten days’ pay which may be taken as leave, and a restriction from being a detachment or unit commander for three years.

On appeal, the Appellant challenged the findings related to the second allegation. The Appellant argued that the findings contravened the principles of procedural fairness, and was based on an error of law. In short, the Appellant believed that the Respondent misapplied the particulars of the second allegation to extend them from being simply an allegation of being discourteous to also being an allegation of harassment.

The Appellant also argued that Respondent ignored the argument that the interaction at that time was merely a momentary loss of composure. Finally, the Appellant challenged the assessment of factors which led to the conduct measures ordered by the Respondent.  

The ERC found that the decision for the second allegation was procedurally unfair as the allegation as set out only identified the Appellant being discourteous; yet, the Respondent also found that the Appellant committed harassment without providing the Appellant the opportunity to defend himself from that allegation. As a result, the ERC recommends that the Commissioner make a decision based only on the application of the test for discourtesy in assessing the second allegation. In so doing, The ERC recommends that the allegation be established. As required, the conduct measures were also reassessed, which in light of the previous global conduct measures were reassessed for both allegations. 

The ERC recommends that the appeal be allowed and that the second allegation be found established. In recommending the appropriate finding, the ERC recommends that the Appellant lose 6 days’ pay or leave for the first allegation. For the second allegation, the ERC recommends that the Appellant receive a reprimand, and be referred to Health Services.