C-040 - Conduct Board Decision

Following a conduct hearing, a Conduct Board (Board) concluded that two allegations against the Appellant had been established, which contravened section 7.1 of the RCMP Code of Conduct. The first allegation (Allegation #1) was related to the Appellant's consumption of drugs for personal purposes while the second allegation (Allegation #2) was related to the Appellant's inappropriate use of his work cellphone. As a conduct measure, the Board ordered the Appellant's dismissal from the RCMP.

The Appellant appealed the Board's decision to dismiss him. Apart from a few arguments put forward in his Statement of Appeal (Form 6437), he did not present any written submissions in his appeal. Based on information on his Form 6437, the Appellant claims that there was a reasonable apprehension of bias on the part of the Board and that the latter made errors in its assessment of the evidence, particularly with respect to the assessment of the credibility of certain witnesses. He also alleged that the Board erred in its assessment of aggravating and mitigating factors, leading the Board to impose an inappropriate conduct measure given the circumstances.

The ERC believes that the allegation of bias raised by the Appellant is without merit given that he did not submit any convincing evidence to support his case. With respect to the Board's weighing of the evidence, the ERC considers the Board's analysis of the credibility of the witnesses to be reasoned, detailed and well supported by evidence. Finally, with respect to the Board's assessment of aggravating and mitigating factors, the ERC concluded that the Board erred with respect to Allegation #2 by considering the Appellant's personal use of his cellphone as an aggravating factor. Although this type of error could in certain circumstances justify the Commissioner's intervention, the ERC finds that the Board's conclusions regarding Allegation #1 are sufficient to support the conduct measure imposed and that an intervention would therefore not be necessary.

The ERC recommended that the appeal be dismissed.

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

[Translation]

The Appellant appealed a decision from an RCMP Conduct Board which found that two allegations against him contrary to section 7.1 of the Code of Conduct were established and ordered his dismissal. The first allegation related to his use of drugs and the second, his inappropriate use of his work cellphone. The Appellant argued that there was a reasonable apprehension of bias on the part of the Conduct Board and that it erred in assessing the evidence and the aggravating and mitigating factors.

Finding that the Appellant's claim of bias was without merit and that the Conduct Board did not make any manifest or determinative error, the Adjudicator accepted the ERC's recommendation and dismissed the appeal.