C-070 - Conduct Authority Decision

The Appellant was a regular RCMP member assigned to a Team. In November 2019, the RCMP received information from Crown Counsel regarding the use of force by members, including the Appellant, during the arrest of a member of the public. The Crown Counsel thought that the use of force may have been excessive. A related Criminal Code investigation was initiated and resulted in one count of assault being laid against the Appellant. A parallel Code of Conduct investigation was also initiated. While the criminal proceedings were underway, the Respondent held a conduct meeting and found the allegation related to excessive use of force established. The Appellant appealed the Respondent’s finding that he had used excessive force in the arrest of the member of the public.

While the appeal proceedings were ongoing, the provincial criminal court rendered its decision on the charge of assault against the Appellant. Based on the evidence before it, the court found that the Appellant’s use of force was authorized, required and necessary in the circumstances. Having being made aware of this decision, the ERC requested a copy of the decision, as well as submissions from the parties on the impact of the court’s decision on the appeal. 

The ERC found that the doctrine of abuse of process in the form of relitigation applied in the circumstances. More precisely, the ERC and the Interim Commissioner, in applying this doctrine, are bound by the factual findings of the criminal court relating to the Appellant’s use of force. Namely, that this use of force was authorized, required and necessary when taking the evidence as a whole. 

The ERC recommended that the appeal be allowed and that the Commissioner find that the Allegation is not established.

The Final Adjudicator accepted the ERC’s recommendation and allowed the appeal.