C-166 - Conduct Appeal

The Conduct Authority (Appellant) appealed the decision of the Conduct Board (Board), which found that two allegations of misuse of police databases contrary to section 4.6 of the RCMP Code of Conduct had been established (Allegations 3 and 4), and that one allegation of discreditable conduct contrary to section 7.1 of the RCMP Code of Conduct had not been established (Allegation 1).

The Appellant appealed the Board’s findings on the allegations, arguing that it made a clearly unreasonable finding that discreditable conduct had not been established in regard to the Respondent’s relationship with a member of the public. The Appellant also submitted that the Board erred in law by applying the wrong legal test for determining whether the Respondent had misused police databases, leading to erroneous findings that several particulars had not been met.

The ERC found that the Decision contained an error of law because the Board identified and applied the wrong legal test for section 4.6 of the RCMP Code of Conduct (Allegation 3). While the Board noted the essential criteria for a section 4.6 contravention, it erred in considering the notion of personal gain as a fourth element of the test. 

The ERC recommends that the appeal be allowed and that the Board’s findings for Allegation 3 be set aside. The ERC further recommends that the Commissioner, in making the findings that the Board should have made, find Allegation 3 established. With respect to conduct measures, the ERC recommends that the measures imposed by the Board be confirmed.