C-161 - Conduct Appeal

The Appellant appealed the Respondent’s decision that he had breached the Code of Conduct by failing to reimburse the RCMP for all amounts received from an insurance company in relation to unmarked vehicles.

On appeal, the Appellant submits that the Respondent’s decision is clearly unreasonable and contravenes the principles of procedural fairness. Specifically, he asserts that the Respondent erred in finding that there was intent in his actions and in adding an allegation at the end of the Code of Conduct investigation.

The ERC found that the affidavit submitted by the Appellant as fresh evidence was not admissible on appeal as it did not meet the criteria set out in Palmer. The ERC also found that the Appellant’s attachments and written submissions exceeded the page limit and, consequently, did not consider the excess pages. It found that failing to consider them was not a breach of procedural fairness. The ERC also found that the Respondent did not err in determining that the Appellant’s conduct constituted gross negligence. Lastly, the ERC found that there was no breach of procedural fairness when the Respondent added an allegation after the investigation, since the relevant policy allows the Conduct Authority to add an allegation as long as reasonable notice is given and no prejudice ensues. 

The ERC recommends that the appeal be dismissed.