NC-095 – Harassment

In 2013, Constable (Cst.) X filed a grievance against the Appellant containing harassment allegations. In 2016, the Appellant filed a harassment complaint against Cst. X for comments made in an email written by her in exchanges during the processing of her grievance against the Appellant.

The complaint was filed with the Office for the Coordination of Harassment Complaints on September 23, 2016. On January 19, 2017, the Respondent issued a decision dismissing the Appellant’s harassment complaint on the grounds that it should have been dealt with as part of Cst. X’s grievance process. In support of this position, the Respondent relied on the grievance policy in effect at the time, Chapter II.38 of the Administration Manual (AM), entitled “Grievances” (AM II.38), which provided that “the level considering a grievance shall decide all matters relating to it” (section 13).

Since the new RCMP Act took effect in November 2014, the option of filing a grievance to report harassment allegations is no longer available. Harassment complaints are now dealt through a single process according to the procedure in Chapter XII.8 of the AM, entitled “Investigation and Resolution of Harassment Complaints” (AM XII.8). In this case, since the complaint was filed in 2016, it was, by default, to be addressed in accordance with AM XII.8. The Respondent therefore erred in applying AM II.38, and the decision under appeal is consequently based on an error of law.

The ERC recommended that the appeal be allowed.

The Commissioner’s decision, as summarized by her office, is as follows:

[Translation]

In November 2013, Constable (Cst.) X filed a grievance containing harassment allegations against the Appellant under the process available at the time.  This complaint was investigated and found to be unsubstantiated.  On September 23, 2016, the Appellant filed a harassment complaint against Cst. X relating to comments made by the latter about him in an email she wrote during the processing of the grievance.  On January 19, 2017, the Respondent rendered his decision, dismissing the Appellant’s harassment complaint and arguing that the complainant should have raised his complaint to the Adjudicator during the processing of Cst. X’s grievance.  The Respondent relied on the grievance policy in effect during the processing of Cst. X’s grievance, namely Chapter II.38 of the Administration Manual (AM), entitled “Grievances” (AM II.38).

The RCMP External Review Committee (ERC) reviewed the file and found that the use of the grievance process to address harassment allegations was no longer an option since the new RCMP Act took effect on November 28, 2014.  The ERC noted that the harassment complaints now had to be dealt through the single process established in Chapter XII.8 of the AM, entitled “Investigation and Resolution of Harassment Complaints” (AM XII.8), and the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints) [CSO (Harassment)].  The ERC found that since the Appellant’s complaint was filed in 2016, and despite the date of the source document, it had to be addressed in accordance with AM XII.8 and the CSO (Harassment).  The ERC found that the Respondent therefore erred in law and recommended that the appeal be allowed.

The Adjudicator agrees with the ERC that the Respondent’s decision is based on an error of law and accepts its recommendation to allow the appeal.  However, the Adjudicator considers that no further action is now possible regarding this complaint due to the passage of time and the fact that Cst. X no longer works for the RCMP.  The Adjudicator apologizes to the Appellant on behalf of the RCMP for the shortcomings on the part of the Force in processing his harassment complaint.