Off duty conduct must be carefully assessed before concluding it warrants disciplinary action

20. April 2021 0
Administrative law – Decisions reviewed – Royal Canadian Mounted Police – Judicial review – Procedural requirements and fairness – Standard of review – Reasonableness – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings Laporte v. Canada (Attorney General), [2021] F.C.J. No. 120, 2021 FC 118, Federal Court, February 5, 2021, R.F. Southcott J. ...

FCA affirms trial judge’s decision where it overturned RCMP Commission refusal to order a new hearing in disciplinary proceeding because it concluded the outcome was legally inevitable

20. December 2017 0
The Federal Court of Appeal considered the trial judge’s decision where it overturned the decision of RCMP Commission which refused to order a new hearing because it concluded the outcome was legally inevitable.  The Court of Appeal affirmed the trial judge’s decision.  The outcome was not legally inevitable given the breaches of procedural fairness alleged. ...

Unsuitability finding to discharge RCMP officer in place of a disciplinary sanction was unreasonable

26. August 2016 0
A former RCMP officer’s application for judicial review was allowed, as the probationary review officer was held to have unreasonably used an unsuitability finding to discharge the officer in place of a disciplinary sanction. Administrative law – Competence – Compliance with legislation – Conduct unbecoming – Decisions of administrative tribunals – Disciplinary proceedings – Investigations ...

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 0
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), ...

Police officer’s appeal of dismissal of his application for judicial review was dismissed on the ground that a jurisdictional error, in and of itself, doesn’t constitute an exceptional circumstance justifying judicial intervention regarding an interlocutory decision

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Royal Canadian Mounted Police – Police – Professional misconduct / conduct unbecoming – Disciplinary proceedings – Notice – Judicial review application – Premature – Jurisdiction – Remedies – Alternative remedies Black v. Canada (Attorney General), [2013] F.C.J. No. 1001, 2013 FCA 201, Federal Court of Appeal, September ...

The Applicant, Mr. Cook, brought an application for judicial review relating to the Respondent RCMP’s decision to disclose his discipline record to the Public Prosecution Service of Canada (PPSC ) for a criminal trial where Mr. Cook was the investigating officer. The application was dismissed on the basis of mootness because the disclosure was already made to the PPSC at the time of the hearing.

28. August 2012 0
Administrative law – Decisions of administrative tribunals – Royal Canadian Mounted Police – Judicial review – Disclosure of records – Jurisdiction of court – Mootness Cook v. Canada (Royal Canadian Mounted Police), [2012] F.C.J. No. 802, 2012 FC 765, Federal Court, June 20, 2012, Scott J. The Applicant, Mr. Cook, is a member of the ...

The Appellant Police Officers unsuccessfully appealed the decision of the British Columbia Supreme Court, which had dismissed the Officers’ petitions for judicial review of a decision of the Respondent Commissioner. The Respondent Commissioner had rejected the Officers’ applications to quash Notices of Misconduct issued to the Officers.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Commission of Inquiry – Investigations – Jurisdiction to issue a complaint – Police – Royal Canadian Mounted Police – Professional misconduct / conduct unbecoming – Judicial review – Fresh evidence – admissibility – Standard of review – Correctness – Reasonableness simpliciter – Procedural requirements and fairness Canada ...

There is no statutory immunity afforded to the Crown in respect of an order sought by the Law Society of Upper Canada authorizing its investigator to seize a Crown brief which included wire tap evidence in the possession of the RCMP to assist in the investigation of a lawyer for professional misconduct. The doctrine of intrajurisdictional immunity did not insulate the RCMP from an order for search and seizure given the importance of the public interest protected by the Law Society and s.8(2)(c) of the Privacy Act, R.S.C., 1985, c.P-21, that says the federal government’s obligation to keep information confidential is subject to court orders affecting those documents.

22. April 2008 0
Administrative law – Barristers and solicitors – Criminal investigations – Judicial review – Disclosure – Public interest – Evidence – Crown agents – Royal Canadian Mounted Police – Jurisdiction – Intrajurisdictional immunity – Freedom of information and protection of privacy – Public bodies Law Society of Upper Canada v. Canada (Attorney General), [2008] O.J. No. ...

An RCMP officer (“Gill”) was successful in his application for judicial review of a RCMP Commissioner’s decision where the Court held that the Commissioner erred in upholding the decision of an RCMP Adjudication Board imposing sanctions on Gill for disgraceful conduct

28. November 2006 0
Administrative law – Royal Canadian Mounted Police – Disciplinary proceedings – Decisions of administrative tribunals – Adjudications – Police Commission – Judicial review – Procedural requirements and fairness – Natural justice – Sufficient notice – Evidence Gill v. Canada (Attorney General), [2006] F.C.J. No. 1395, Federal Court, September 18, 2006, O’Keefe J. Gill joined the RCMP in ...

The application by Doe for judicial review of an Order of the Assistant Commissioner of the RCMP to terminate his protection under the Witness Protection Program was allowed and the Assistant Commissioner’s decision terminating witness protection was quashed

25. April 2006 0
Administrative law – Decisions of administrative tribunals – Royal Canadian Mounted Police – Witness Protection Program – Natural justice – Procedural requirements and fairness – Witnesses – Standard of review – Correctness John Doe v. Canada (Attorney General), [2006] F.C.J. No. 241, Federal Court, January 27, 2006, Phelan J. Doe became aware of criminal activities which ...