D-102 - Adjudication Board Decision

The Appellant forged two prescriptions for anabolic steroids and, over a two-day period, attempted to have these prescriptions filled at different pharmacies. He admitted to the conduct and the Adjudication Board found that it constituted disgraceful conduct and was therefore a violation of the RCMP Code of Conduct.

On sanction, the Board concluded that the Appellant's credibility had been irreparably damaged, trust was no longer intact, and his conduct had breached an essential part of his employment contract. They therefore ordered that the Appellant resign from the Force within fourteen days, and in default, be dismissed. The Appellant appeals as to sanction alone.

The Committee found that the Board reached conclusions that were reasonable and based on the available evidence. The Committee also found that there was no manifest error in the findings and conclusions of the Board on the mitigating and aggravating factors and that there was no error in the way in which the Board reached its conclusion on credibility. Further, the Committee found that there was no error in the Board's treatment of the expert evidence. Finally, the Committee found that the principle of parity of sanction was not violated as there were no cases sufficiently similar to establish a pattern of discipline for the Appellant's situation.

The Committee recommended to the Commissioner that the appeal be dismissed.

The Commissioner has rendered a decision in this matter, as summarized by his office:

The Commissioner denied all grounds of appeal argued by the Appellant and followed the ERC's recommendation to dismiss the appeal. Commissioner Elliott confirmed the Adjudication Board's decision and directed the Appellant to resign from the RCMP within 14 days of being served with the Commissioner's decision. In default of resigning, the Appellant was ordered to be dismissed from the Force.