C-172 - Conduct (Discipline) Appeals

The Appellant was the subject of two Code of Conduct allegations. Allegation 1 asserted that the Appellant had contravened certain rules respecting the use of a home he leased, thereby conducting himself in a manner likely to discredit the Force (section 7.1 of the Code of Conduct). Allegation 2 stipulated that the Appellant, while off duty, had represented a family member in a court proceeding, thereby acting in a manner that raised a conflict between his professional responsibilities and private interests (section 6.1 of the Code of Conduct). After holding a conduct meeting, the Respondent issued a written Decision finding both allegations established. The Respondent also imposed conduct measures, comprising a forfeiture of 20 days of pay for Allegation 1. For Allegation 2, those measures comprised a forfeiture of five days’ pay, a written reprimand and a direction to complete values and ethics training.

The Appellant appealed the Respondent’s Decision. He contested the Respondent’s findings on the allegations and the conduct measures imposed. 

The ERC found that the Decision, as it related to the finding on Allegation 1, was clearly unreasonable. The Respondent did not grapple with a central concern that the Appellant had raised during the conduct meeting. Pursuant to paragraph 45.16(2)(b) of the RCMP Act, the ERC recommends allowing the appeal in respect of that finding, and making the finding that the Respondent should have made. The ERC recommends finding that Allegation 1 was not established.

The ERC found that the Decision as it related to the finding on Allegation 2 was not clearly unreasonable. That finding was supported by a rational and tenable line of analysis. It therefore recommends denying the appeal of that finding. However, the Decision on conduct measures imposed for Allegation 2 was clearly unreasonable, because the Respondent had considered a number of irrelevant aggravating factors. Accordingly, pursuant to paragraph 46.16(3)(b) of the RCMP Act, the ERC recommends allowing the appeal and imposing other conduct measures in respect of Allegation 2. The ERC recommends conduct measures in respect of Allegation 2 consisting of a forfeiture of two days of pay, as well as a direction to undertake values and ethics training.

The ERC recommends that the appeal be allowed, in part.