C-153 - Conduct Appeal

The Appellant appealed a decision by a Conduct Authority (Respondent) who found that he breached section 8.1 of the RCMP Code of Conduct by failing to complete a mandatory Subject Behaviour/Officer Response (SB/OR) report following a high‑risk arrest. The Appellant omitted the SB/OR report despite the circumstances of the arrest requiring an SB/OR report under RCMP policy.

At the Conduct Meeting, the Respondent dismissed an allegation of excessive force but upheld the reporting‑failure allegation (Code of Conduct, section 8.1), imposing a penalty of the loss of two days’ pay. The Respondent relied on the Appellant’s own acknowledgment that the SB/OR report should have been done, and rejected arguments that local detachment practices, where SB/ORs were reportedly completed only in serious cases, excused non‑compliance.

On appeal, the Appellant argued that the decision was clearly unreasonable, particularly because the Respondent failed to address (1) detachment‑level reporting practices, and (2) his argument that the issue was a performance matter rather than misconduct.

The ERC ultimately held that the Respondent’s reasons, although brief, were sufficient in responding to the Appellant’s concerns. The ERC found that detachment practice cannot override Code of Conduct obligations, and the requirement to be aware of policy. The ERC also found that the performance‑versus‑conduct argument was based on outdated case law under a previous discipline regime and was not central to the issue. The Appellant’s actions and knowledge of reporting requirements demonstrated that the matter fell within the realm of conduct. As a result, the decision, although brief, met the requirements for sufficient reasons and was not clearly unreasonable.

The ERC recommends the appeal be dismissed.