The applicant is a staff sergeant of the Royal Canadian Mounted Police (RCMP). After a few attempts to advance his career, he received a letter from the RCMP Commissioner saying that he would not be appointed to any commissioned rank and that he should consider leaving the Force. The staff sergeant applied for judicial review, asking that the Commissioner be directed to reconsider the matter in accordance with the reasons of the Court. The application was allowed, and the Court determined that the Commissioner’s letter was subject to judicial review, as the power to recommend candidates for appointment or promotion was public in nature, and the Commissioner was exercising a public power that could not be shielded from review. Although the Commissioner’s decision attracted only a minimal degree of procedural fairness, even this was not met as there was nothing in the record that suggested the applicant had notice or an opportunity to respond. The Commissioner’s decision was unreasonable. He circumvented the disciplinary process and it was not open for the Commissioner to revisit a former incident and substitute his own judgment for that of statutory adjudication board. The Commissioner’s decision was set aside with a direction requiring the Commissioner to do as much as possible to enable the applicant’s promotion and not withhold consent once a position was available.
23. December 2014
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Administrative law – Decisions of administrative tribunals – Police Commission – Royal Canadian Mounted Police – Employment law – Appointment – Labour law – Disciplinary grievances – Judicial review – Procedural requirements and fairness – Privilege and immunity – Standard of review – Reasonableness simpliciter – Remedies – Alternative remedies Boogaard v. Canada (Attorney General), ...