Grievance Case Summary - G-418

It was alleged that the Grievor twice fired his RCMP pistol at a driver without legal justification; failed to notify communications that he was engaged in a pursuit; failed to notify his superiors or co-workers of the shooting; and made a series of false statements concerning the discharge of his firearm. The Grievor was suspended from duty, and approximately five months later, a stoppage of pay and allowances (SPA) order was made.

The Grievor filed a grievance against the SPA order, arguing that the SPA Regulations constituted an improper delegation of powers because the Treasury Board delegated the responsibility for making the regulations without setting out any criteria for its application. The Grievor also argued that he had been prejudiced because the SPA order caused him and his family significant financial hardship. At the same time, the Grievor also brought an application in the Federal Court of Canada (FCC) to quash the SPA order on the basis that the SPA Regulations were illegal.

The Level I Adjudicator denied the grievance, adopting the Commissioner's position in G-342 that the SPA Regulations were presumed to be valid, and finding that the SPA order was rendered in a fair and equitable manner in accordance with policy.

The Grievor brought a Level II grievance only on the ground that the Force had no authority to make the SPA order because the SPA Regulations constituted an improper delegation of powers.

Subsequently, the FCC ruled that the SPA Regulations were legal as "a reasonable and necessary delegation of an appropriate aportion of power to a suitable person", and dismissed the Grievor's application. The Grievor has appealed to the Federal Court of Appeal, but the appeal is yet to be decided.

The Committee found that the Committee and the Commissioner are bound by the FCC's decision, that the proper process had been followed, and that the SPA order had been made based on the established criteria.

The Committee recommended to the Commissioner of the RCMP that the grievance be denied.

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

On October 22, 2007, the Federal Court of Appeal (FCA) rejected the Grievor's appeal, concluding that the FCC did not err in determining that the SPA Regulations were not ultra vires.

The Commissioner denied the grievance, as recommended by the ERC. The Commissioner found that the FCA's reasons and decision conclusively rejected the Grievor's argument against the validity of the SPA Regulations, as well as his allegation that the Respondent lacked the authority to render the impugned decision because the SPA Regulations were ultra vires. The Commissioner also concluded that the Grievor failed to establish the existence of such exceptional or excessive financial hardship that the Respondent's decision should be overturned on that basis.