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The Federal Court dismissed judicial review of an RCMP conduct appeal decision, finding the Adjudicator reasonably upheld dismissal for discreditable conduct and delay-related issues.
The Adjudicator's confirmation of the harassment finding was reasonable under the Vavilov standard because the commanding officer considered the conduct objectively and applied the RCMP Harassment Policy and Commissioner’s Standing Orders within a defensible range of outcomes; subsection 42(2) limits only conduct measures not findings, and because the Adjudicator rescinded the conduct measures the limitation issue need not alter the outcome. The appeal is therefore dismissed.
Source excerpt
Judicial review of an RCMP conduct appeal decision was allowed after the Court found an ex parte consultation on factual issues breached procedural fairness.
The Federal Court upheld an RCMP conduct decision finding that an officer failed to obey a lawful direction to submit leave by a deadline.
Judicial review of an RCMP conduct appeal was dismissed. The Court found the adjudicator’s credibility findings, phone-use findings, and parental-influence findings reasonable.
The Federal Court dismissed an RCMP member’s request to be represented by a non-lawyer, accepted a disclosure motion for filing, and adjourned the judicial review hearing.
The Federal Court of Appeal upheld the Federal Court: the application for judicial review of the extension of time was properly characterized and subject to the prematurity doctrine, and in any event the interpretation of s.47.4 RCMP Act and the decision to grant the extension were reasonable; therefore the appeal is dismissed.
Source excerpt
Judicial review of an RCMP conduct appeal was dismissed. The Court upheld the finding that Sgt. Smith breached the Code of Conduct in relation to tire claims and awarded costs of $200.
The Commissioner erred in law by refusing to order a new hearing because the Board's procedural fairness breaches were serious, the tainted record permeated the appellate consideration, and the outcome was not legally inevitable; the Federal Court judge applied the correct standard and correctly ordered a new hearing before a differently constituted Board.
Source excerpt
The Federal Court upheld a military grievance decision finding Alcohol Misconduct and imposing Counselling and Probation, holding the decision was reasonable and procedurally fair.
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