C-170 - Conduct Appeal

The Appellant appeals the Respondent’s decision that he contravened section 3.2 of the RCMP Code of Conduct (Abuse of Authority) by investigating a harassment complaint without sufficient grounds, by involving the RCMP Liaison Officer in another country, Canadian Border Services Agency, as well other foreign and domestic police services in the investigation and by engaging Crown Counsel to approve a section 810 Peace Bond against an individual when the grounds to do so were insufficient. The Appellant further appeals the Respondent’s finding that he breached section 3.3 (Disobeying a Lawful Order) of the Code of Conduct by continuing the impugned investigation after being ordered to cease work on the file. The Appellant received conduct measures, which he also appeals. These include a financial penalty of 10 days, to be taken as five days’ pay and five days’ leave.

The Appellant argues that the conduct meeting was not held within a reasonable timeframe and that Allegation 1 was out of time. He further contends that the conduct proceedings violated the rule against double jeopardy and that the Respondent’s reasons were insufficient. Finally, in support of his position that the conduct measures are clearly unreasonable, the Appellant argues that the Respondent erred in considering certain parts of the allegations as aggravating factors.

The ERC found that the conduct meeting was held within a reasonable timeframe and that Allegation 1 was not out of time. It further found that the conduct proceedings did not violate the rule against double jeopardy. Turning to the sufficiency of the Respondent’s reasons, the ERC determined that the Respondent failed to meaningfully grapple and address the Appellant’s central argument that the investigation was tainted by bias. It further found that the Respondent erred in considering certain elements of the allegations as aggravating factors. 

The ERC recommends that the appeal be allowed and that the Respondent’s Decision be set aside. The ERC further recommends that the Final Adjudicator, in making the findings that the Respondent should have made, find Allegations 1, 2, 4 and 5 established. With respect to conduct measures, the ERC recommends that the financial penalty of 10 days that was imposed by the Respondent be confirmed.