C-155 - Conduct Appeal

The Appellant has appealed the decision of the Level III RCMP conduct authority, (Respondent) who found two allegations established, contrary to section 7.1 (discreditable conduct) and section 4.6 (unauthorized use of RCMP equipment) of the RCMP Code of Conduct. The Respondent imposed a demotion for a period of two years. 

This appeal involves the Appellant’s actions while erratically driving a covert RCMP vehicle while having a passenger while he was off-duty. The Appellant argues that the Respondent did not meet the statutory time limit to impose conduct measures pursuant to section 42(2) of the RCMP Act. While the Respondent provided an oral decision prior to the deadline expiring, he did not provide the written decision until after the time limit had expired. The Appellant also argues that the Respondent’s reasons were not responsive as he failed to deal with key arguments.

The ERC found that the Respondent lacked the jurisdiction to impose conduct measures because the statutory one‑year limitation period under subsection 42(2) of the RCMP Act had expired. The ERC emphasized that, under the Commissioner’s Standing Orders (Conduct) and RCMP Conduct Policy, a conduct decision only “takes effect” when the written decision is served on the member. In this case, the written decision was served on November 19, 2024 - after the November 6, 2024 deadline - rendering the imposition of a demotion invalid.

The ERC further explained that subsection 42(2) of the RCMP Act restricts only the imposition of conduct measures, not the making of findings on allegations. Citing relevant jurisprudence, the ERC clarified that a conduct authority may still determine whether allegations are established even after the limitation period has passed, but cannot impose any disciplinary measures unless an extension has been granted. As no extension was sought or approved in this case, the ERC concluded that the demotion imposed on the Appellant was clearly unreasonable because it exceeded the Conduct Authority’s jurisdiction.

The ERC recommends that the appeal on conduct measures be allowed and the conduct measures rescinded.