NC-017 - Administrative Discharge

The Appellant was found guilty of several criminal acts and detained in custody pending sentencing. After learning of the Appellant’s criminal convictions, a Criminal Operations Officer prepared a Preliminary Recommendation that the Appellant be discharged from the Force by reason of having been convicted of an offence that is punishable by indictment. This Preliminary Recommendation was forwarded to the Employee Management Relations Officer (“EMRO”) who then made a formal Recommendation to the Respondent that the Appellant be discharged from the RCMP. The EMRO relied on the ground identified in the Preliminary Recommendation, as well as an additional ground of being absent from duty as the result of being detained in custody.

The Respondent had the Appellant served with a Notice of Intent to Discharge a Member. The Respondent then ordered that the Appellant be discharged pursuant to paragraph 20.2(1)(g) of the RCMP Act, which stipulates that a member may be discharged on grounds other than a contravention of a provision of the Code of Conduct. The Respondent relied on the following two grounds set out in section 6 of the Commissioner’s Standing Orders (Employment Requirements) (CSO-ER): (i) being convicted of an offence that is punishable by indictment, and; (ii) being absent from duty as the result of being detained in custody or serving a period of imprisonment.

The Appellant filed an appeal of the Order to Discharge. The appeal was referred to the ERC.

ERC Findings

The ERC considered whether the Appellant’s appeal was referable to the ERC pursuant to subsection 17(d) of the RCMP Regulations (2014) (Regulations). Subsection 17(d) involves the appeal of a written decision to discharge or demote a member under paragraph 20.2(1)(g) of the RCMP Act on three specific grounds: disability, unauthorized absence (or departure) from duty or conflict of interest.

Paragraph 20.2(1)(g) of the RCMP Act, when read in conjunction with section 6 of the CSO-ER, enables the Commissioner to discharge or demote a member on a number of different grounds, but only three of those grounds are contained in subsection 17(d) of the Regulations. As the discharge order in this matter did not relate to one of those three grounds, there was no requirement that the appeal be referred to the ERC.

ERC Recommendation

This non-conduct appeal is not a matter that must be referred to the ERC. As a result, the ERC did not review the appeal further or make a recommendation.

Commissioner of the RCMP Decision

The Commissioner agreed that the appeal was not referable to the ERC and sent the appeal to the appropriate decision maker.

Page details

2023-02-27