C-148 - Conduct Appeal

The Appellant appealed a Conduct Board (Board) decision which found that five allegations against them had been established, contrary to section 7.1 of the RCMP Code of Conduct. The allegations involved incidents of verbal and physical abuse committed by the Appellant towards their intimate partner as well as one incident of driving while impaired. The Board directed the Appellant to resign from the Force within 14 days, in default of which they would be dismissed.

The Appellant submitted that the decision was reached in a procedurally unfair manner because they were represented by ineffective counsel during the conduct hearing. The Appellant also presented various arguments, most of these lacking substantiation, relating to the reasonableness of the decision and the conduct measure imposed.

The ERC found that the Appellant had not established their claim of ineffective counsel, and that the decision was therefore not reached in a procedurally unfair manner. In addition, the ERC found that the Appellant had not established that the Board’s decision finding that the allegations were established and ordering their dismissal was clearly unreasonable.

The ERC recommended that the appeal be dismissed.

The Commissioner’s decision, as summarized by his office, is as follows:

The Appellant faced seven allegations of discreditable conduct in contravention of section 7.1 of the RCMP Code of Conduct. The Appellant was accused of impaired operation of a motor vehicle and six allegations of abuse against the complainant.

The Appellant contested the allegations. A Conduct Board found that five of the seven allegations were established and ordered the Appellant to resign within 14 days. The Appellant is appealing this decision.

On appeal, the Appellant argues that the Conduct Board erred in rendering a decision that was based on errors of law and was clearly unreasonable, as well as arguing ineffective counsel. Accordingly, the Appellant seeks the Conduct Board’s findings to be overturned. In the alternative, the Appellant seeks that the measure should be substituted for forfeiture of pay.

The appeal was referred to the RCMP External Review Committee (ERC) for review. The ERC recommended that the appeal be dismissed, finding that the Appellant did not establish their claim of ineffective counsel and that therefore the decision was not reached in a procedurally unfair manner. In addition, the ERC found that the Appellant failed to establish that the Board’sdecision was clearly unreasonable. The ERC recommended that the Appeal be dismissed.

The Adjudicator agrees with the ERC and finds that the Conduct Board’s decision did not contravene the applicable principles of procedural fairness, is not based on an error of law, and is not clearly unreasonable. The Appeal is dismissed.