C-168 - Conduct Appeal

The Appellant appealed the decision of the RCMP conduct authority (Respondent), who found that he contravened the RCMP Code of Conduct. The Respondent found that the Appellant breached section 8.1 (Reporting) by omitting to report on his professional activities in an investigation (Allegation 1), and section 4.4 (Handling Property) by omitting to properly account for property seized in the performance of his duties (Allegation 2). The Respondent imposed a reprimand for Allegation 1, and forfeitures of 20 hours of pay and 20 hours of leave for Allegation 2.

On appeal, the Appellant argues that the decision-making process was procedurally unfair for two reasons: (i) the Respondent failed to disclose a supplemental investigation, and (ii) the Respondent was biased. He further argues that both the Respondent’s decision on allegations and conduct measures was clearly unreasonable.

The ERC found that the decision-making process was not procedurally unfair. Although the Respondent was required by policy to inform the Appellant about his request for a supplemental investigation, the Respondent withdrew the request before any additional information was gathered. Consequently, the omission to notify the Appellant of the supplemental investigation request did not result in any procedural unfairness. In addition, the Appellant’s unsupported assertion that the Respondent demonstrated bias because he decided to withdraw the request for supplemental investigation was insufficient to overcome the strong presumption of decision-maker impartiality.

The ERC further found that the Respondent’s reasons were based on rational and tenable lines of analysis, therefore the Appellant did not establish that the decision on the allegations was clearly unreasonable.

Lastly, the ERC found that the Respondent’s decision on conduct measures was clearly unreasonable based on the Respondent’s consideration of an irrelevant aggravating factor and his omission to (i) cite any authorities; (ii) identify the range of sanctions; and (iii) provide sufficient reasons. 

The ERC recommends that the appeal be allowed in part regarding the conduct measures. It recommends the imposition of conduct measures as follows: a forfeiture of three days of pay for Allegation 1 and a forfeiture of one day of pay for Allegation 2.