C-136 - Conduct

The Appellant appealed the decision of the Conduct Authority (Respondent), who found that he breached section 3.3 (Lawful Orders) and section 4.2 (Duties and Responsibilities) of the RCMP Code of Conduct by failing to follow direction in relation to the completion of his tasks (Allegation 1) and neglecting files (Allegation 2).

First, the Appellant submitted that the decision was reached in a procedurally unfair manner for the following reasons: the allegations are overly broad in scope, his supervisors demonstrated a reasonable apprehension of bias, the investigation was not sufficiently thorough, the evidence is spoiled and the Respondent failed to disclose relevant material. Second, the Appellant argued that the Respondent erred in law by initiating a conduct proceeding despite the existence of performance and medical issues. Third, the Appellant contended that the decision is clearly unreasonable because the Respondent failed to consider and meaningfully grapple with multiple key issues and central arguments. Lastly, the Appellant submitted that the conduct measures imposed are disproportionate. 

The ERC found that decision is clearly unreasonable because the Respondent’s reasons fail to respond in a meaningful way to the Appellant’s central arguments. Because the Respondent did not address arguments pertaining to both the allegations and the limitation period for imposing conduct measures, the ERC found that the Respondent’s reasons on both the allegations and the conduct measures are insufficient and clearly unreasonable.

The ERC recommends that the appeal be allowed. The ERC further recommends that the Commissioner, in making the findings that the Respondent should have made, find Allegations 1 and 2 established. However, with respect to conduct measures, the ERC recommends that conduct measures not be imposed for either of the allegations because the one-year time limitation for imposing measures under subsection 42(2) of the RCMP Act has expired.