C-137 - Conduct

The Respondent held a Conduct Meeting where the Appellant faced two allegations under the RCMP Code of Conduct. The Respondent found both allegations established. At the Conduct Meeting, the Appellant was given an opportunity to make submissions concerning the conduct measures the Respondent planned to impose, including an indefinite demotion in rank. The Appellant declined to provide any submissions. The Respondent then imposed conduct measures that included the indefinite demotion in rank. The Respondent later issued a written decision (Decision), explaining her findings on the allegations and the conduct measures imposed.

The Appellant appealed the Decision on the ground that the imposition of an indefinite demotion, as a conduct measure, was clearly unreasonable.

The appeal was presented beyond the prescribed 14-day limitation period. Applicable authorities allow the Commissioner to retroactively extend the 14-day limitation period to file an appeal in “exceptional circumstances”. The Appellant requested that the 14-day limitation period to present his appeal be extended so that it may be considered on its merits.

In considering whether a retroactive extension of the limitation period is justified, the ERC considers a four-factor test. In doing so, the overriding consideration is that the interests of justice be served. 

One of the four factors is met, as the Appellant has demonstrated that he had an ongoing intention to appeal. However, the three other factors are not met. First, the Appellant has not provided a reasonable explanation for the delay. Second, the appeal does not disclose an arguable case, because the arguments being made on appeal are barred by applicable authorities. They are arguments that could have been, but were not, presented to the Respondent at the Conduct Meeting. Finally, the Respondent would be prejudiced by consideration of the merits of this appeal, given that it is essentially based on points that were never brought to her attention. When these four factors are balanced, it would not be in the interests of justice to grant an extension of the 14-day limitation period to the Appellant.

The ERC recommends that the appeal be denied.