C-173 - Conduct (Discipline) Appeals

The Appellant appealed the Conduct Board decision that the Respondent had held employment or participated in organizations without having obtained the authorization of the RCMP, contrary to section 7.1 of the RCMP Code of Conduct. The appeal involves the external activities that the Respondent did not disclose to the RCMP.

The Appellant states that the Committee’s decision, as well as the conduct measures imposed, are clearly unreasonable. More specifically, the Appellant states that the Conduct Board erred in law by failing to analyze the second part of the test set out in section 8.1 of the Code of Conduct, that it made an error of fact by ignoring several pieces of evidence, and that it failed to consider an aggravating factor in determining the sanction. According to the Appellant, the appropriate conduct measure would have been dismissal.

The ERC found that the Conduct Board did not fail to analyze one aspect of the test to demonstrate a contravention of section 8.1 of the Code of Conduct. The ERC also found that the Conduct Board’s assessment of the evidence and findings of fact were not clearly unreasonable. Finally, the ERC found that the Conduct Board did not err in its assessment of the aggravating factors and that the conduct measures imposed were reasonable and proportionate to the circumstances. 

The ERC recommends that the appeal be dismissed.