C-089 - Conduct Authority Decision

The Appellant appealed the decision of the Officer in Charge of Administration and Personnel of “X” Division (the Respondent), according to which he had contravened section 3.2 of the RCMP Code of Conduct because he had conducted an unreasonable search of a vehicle and motel room.

On appeal, the Appellant raises two new arguments, namely, that the Respondent was in a conflict of interest and was biased and that the investigators failed to obtain the version of events from certain witnesses. Furthermore, the Appellant submits that the decision made by the Respondent is inconsistent with the principles of procedural fairness, contains errors of fact and law and is clearly unreasonable. 

The ERC found that the Appellant could have raised the allegations of conflict of interest, bias and failure to obtain the version of events from two witnesses before the Respondent’s decision was made and that these allegations should therefore not be admissible on appeal. Furthermore, the ERC found that the Appellant did not show that his right to be heard and his rights under the Canadian Charter of Rights and Freedoms had been violated by the fact that he was not entitled to examine and cross-examine witnesses. Moreover, in the ERC’s view, the Appellant failed to demonstrate that there was an abuse of process or that the RCMP’s delays in processing his file were unreasonable. The ERC also found that the Respondent did not err in fact or applied incorrect policies in making his decision. Lastly, the ERC found that the decision was supported by adequate reasons.  

The ERC recommends that the appeal be dismissed.