C-145 - Conduct Appeal

The Appellant has appealed the decision of the RCMP conduct authority, (Respondent) who found one allegation established, contrary to section 4.2 (neglect of duty) of the RCMP Code of Conduct. The Respondent imposed a forfeiture of two days’ leave and two days’ of pay, an ineligibility for promotion for a period of one year, a reassignment and developmental activities.

This appeal, which was filed outside the 14-day time limit to do so, involves a call for service related to domestic violence. The Appellant arrested the ex-boyfriend for mischief and failing to comply with an Emergency Protection Order, which had been issued for the victim. The Appellant was the lead investigator, but he did not take any statements from the victim or witnesses and made very few notes. He further told his supervisor that he had spoken to the victim in-person on a specified date and she declined to provide a statement; however, the victim had already relocated to another province on that date, making it impossible for the Appellant to have spoken to her in-person.

The Appellant argues that the Respondent breached procedural fairness by making findings on Allegation 1 on facts that were beyond those set out in the particulars. He further contends that the Respondent made an error of law by misapplying the legal test for neglect of duty; and lastly, the Respondent’s reasons for establishing Allegation 1 were insufficient.

First, the ERC found that the Pentney factors should apply to all requests for an extension of time to commence a proceeding. Consequently, it found that the Appellant met all factors to be granted a time extension to file his appeal. The ERC agreed with the Appellant that the Respondent erred in law by misapplying the legal test to determine whether the Appellant had neglected his duty. The ERC recommends that the appeal be allowed on that basis. The ERC found that Allegation 1 should be established based on the proper test for neglect of duty since the Appellant’s conduct showed a degree of recklessness that went beyond simply poor performance.

The ERC recommends that the time extension to file the appeal be extended. It recommends that the appeal be allowed and consequently, recommends that the allegation be found established and the original conduct measures imposed.