C-167 - Conduct Appeal

The Appellant appealed the Respondent’s decision that he had contravened the RCMP Code of Conduct by failing to comply with a directive from management and submitting an incident report that was incomplete and likely to mislead.

On appeal, the Appellant submits that the Respondent’s decision breached procedural fairness and that the decision and conduct measures imposed were clearly unreasonable. Specifically, he argues that the Respondent should have postponed the conduct meeting because he did not have time to review all the evidence prior to the meeting, that some relevant facts were disregarded by the Respondent and that the conduct measures imposed were disproportionate. 

The ERC found that the Appellant had not raised the alleged breach of procedural fairness as soon as feasible and that he was deemed to have waived his right to raise it. The ERC also found that the Respondent was not required to discuss each piece of evidence in detail when they had no impact on the outcome. It also found that the reasons were sufficient. Furthermore, the ERC found that the Appellant’s removal from operational duties should not be considered in the conduct measures analysis because that was an administrative measure.  

The ERC recommends that the appeal be dismissed.