C-159 - Conduct Appeal

The Appellant appealed the Respondent’s decision finding that he breached the Code of Conduct by identifying himself as a police officer during an interaction with a court employee while he was off duty, with the aim of using his status as a police officer to influence the situation in order to obtain information about his personal file.

On appeal, the Appellant argues that the conduct measures imposed are clearly unreasonable, that the decision was reached in a manner that contravenes the principles of procedural fairness, that it is based on an error of law and that it is clearly unreasonable.

The ERC finds no evidence that the Respondent ignored relevant facts or considered irrelevant matters. The Appellant has not shown that the Respondent’s factual findings were clearly unreasonable. The ERC also finds that the Respondent did not err in law: she was entitled to refer to the updated Conduct Measures Guide. Lastly, the ERC finds that the Appellant did not demonstrate any breach of procedural fairness: he was informed that the Respondent would use the updated Conduct Measures Guide, received the relevant disclosure, and had the opportunity to make his submissions.

The ERC recommends that the appeal be dismissed.