C-142 - Conduct Appeal

The Appellant has appealed the decision of an RCMP conduct authority, (Respondent) who found one allegation established, contrary to section 7.1 (Discreditable Conduct) of the RCMP Code of Conduct. The Appellant was initially charged with another allegation under section 4.6 (Misuse of RCMP Databases) of the Code of Conduct. However, the Respondent found this allegation not established. It was alleged that the Appellant made a threatening phone call to an individual whom he encountered on the road using a blocked phone number. The Appellant was charged with two criminal charges of breach of trust and uttering threats. He was acquitted of both. The provincial court judge had concerns with the reliability of the evidence of the individual involved; while finding the Appellant credible. Conversely, following a conduct meeting, the Respondent found the allegation to be established and ordered a forfeiture of two days’ pay against the Appellant.

The Appellant argued that he was acquitted of two criminal charges based on the same allegations made in the Code of Conduct matter. In his view, the Respondent misapplied the principle of res judicata because he ignored the provincial court judge’s findings and made contrary findings. The Appellant further argued that the Respondent erred in his assessment of credibility. 

The ERC found that the Respondent did not err in law in finding the individual involved’s evidence more credible than the Appellant’s. The principle of res judicata or abuse of process by relitigation does not apply to credibility findings; thus it was open to the Respondent to make his own findings. The Respondent clearly explained why he found the involved individual’s evidence credible and there is no error that would render his decision clearly unreasonable.

The ERC recommends that the appeal be dismissed.