C-144 - Conduct Appeal

The Appellant appealed the decision of a conduct board (Board) who found that one allegation against him had been established, contrary to section 7.1 of the RCMP Code of Conduct. The allegation involved sexual misconduct towards a vulnerable person of the public. The Board ordered that the Appellant be dismissed from the Force.

The Appellant submitted that the decision contained errors of law because the Board reversed the onus on him to establish his defence and erred in finding that the Complainant’s second statement to investigators bolstered her credibility. The Appellant also argued that his procedural right to be heard had been breached because the Board relied on comments that the Appellant allegedly made to the Complainant, and which were not included in the transcript on record. Finally, the Appellant alleged that the decision was clearly unreasonable because the Board erred in assessing the evidence and in determining that dismissal was warranted in the circumstances. 

The ERC found that the Board did not err in law or breach any of the Appellant’s procedural rights. It further found that the Board’s findings of fact were supported by the evidence and that the decision to dismiss the Appellant was not clearly unreasonable. 

The ERC recommends that the appeal be dismissed.