Grievance Case Summary - G-248

The Grievor asked that his lawyer, retained to represent him during the investigation of several public complaints against him, be allowed to view certain RCMP investigation files relating to the events giving rise to the complaints, in order to be able to provide an informed response to the investigation. The request was refused on the grounds that there was no authority for legal representation during the public complaints process unless that process was an investigation and hearing by the Public Complaints Commission, and that the information sought by the grievor was protected under the Privacy Act. He submitted a grievance against the refusal 31 days after he was notified of it. He argued that the refusal to allow his lawyer to review the material that was the subject of the investigation constituted a denial of his rights to effective legal representation under the Canadian Charter of Rights and Freedoms.

The Level I adjudicator denied the grievance on the ground of timeliness. He did not deal with the merits of the grievance. The Grievor filed his Level II grievance and contended that he had met the 30-day time limit for presentation of grievances.

On April 28, 2000, the ERC issued its findings and recommendations. The Committee found that even though the grievance could be considered to have been submitted on the day that it was mailed, the grievance was nevertheless untimely because it had been submitted on the 31^st day after the day the Grievor received the Appropriate Officer's decision. The Committee further found that, although the deadline was missed by only one day, there were insufficient grounds for an extension of the limitation period since there was no evidence to suggest that the miscalculation of the limitation period had been the result of a misunderstanding caused by anyone in a position of authority in the Force.

The Committee recommended that the grievance be denied because it was presented at Level I after the 30-day limitation period had expired.

On June 20, 2000, the Commissioner rendered his decision. His decision, as summarized by his office, is as follows:

The Acting Commissioner agreed with the findings and recommendations of the Committee. The grievance was submitted beyond the 30-day time limit at Level I, and no extenuating circumstances were found that would justify giving the Grievor an extension under subsection 47.4(1) of the RCMP Act. The grievance was denied.