C-093 - Conduct Authority Decision

The Appellant was involved in a two car motor vehicle accident, where both cars ended up being stuck in the median ditch. When the police arrived, the Appellant stated he drank alcohol after the accident but prior to the officers arriving. One of the officers found an unopened bottle of alcohol in the Appellant’s vehicle. The Appellant failed a sobriety test at the scene of the accident. As a result, the Appellant was brought by the police to a detachment where he had the opportunity to contact legal counsel. Subsequently, the Appellant provided two breath samples for alcohol. Both samples were over the legal limit. 

The Respondent initiated an investigation into two alleged contraventions of the Code of Conduct. The first contravention related to the Appellant being impaired while operating a motor vehicle. The second contravention related to the Appellant being found to have attempted to impede a criminal investigation by being dishonest regarding his alcohol consumption and stating that he consumed alcohol after the accident occurred. The Respondent, in a conduct meeting, found both contraventions established.

The Appellant alleged that the conduct meeting denied him procedural fairness and contravened his right to avoid self-incrimination because the meeting occurred a week before his criminal trial for the same events. The Appellant alleged that he was unable to present his version of events as it would result in that information being used against him in the criminal matter. 

The ERC found that the Appellant did not raise these issues before the Respondent and therefore cannot raise these new arguments on appeal. The Appellant received an opportunity to speak to the content of the allegations, as well as challenge the method used to collect the evidence. Instead, the Appellant chose not to provide any arguments when given the opportunity and the allegations were established. It is not appropriate to reconsider the original proceedings, now upon appeal, for issues which were not presented to the Respondent to originally consider.

The ERC recommended that the appeal be dismissed. 

The Adjudicator agreed with the ERC Findings and Recommendations and as such, adopted the ERC Findings and Recommendations in their entirety as their reasons for concluding for that this appeal be dismissed.