Federal Appeal


Police

DISCIPLINE
Delay in issuance of suspension without pay and allowances order did not cause significant prejudice

Petitioner disputed issuance of suspension without pay and allowances order (SPAO) against him pending outcome of disciplinary proceedings taken against him by employer. Acting Commissioner of Royal Canadian Mountain Police (RCMP) denied petitioner’s grievance. Acting Commissioner found that petitioner was not victim of undue delay in issuance of SPAO and in processing of grievance. Acting Commissioner found that duration of SPAO was not unreasonable and that it was warranted in particular circumstances of case. Acting Commissioner held that petitioner’s behaviour constituted breach of Code of Conduct of RCMP and that it was so outrageous as to significantly affect performance of his duties under Royal Canadian Mounted Police Act. Petitioner applied for judicial review. Judge concluded that petitioner failed to establish that delay was so as oppressive as to taint proceedings and to cause serious prejudice. Judge was satisfied that Acting Commissioner’s conclusion was reasonable. Petitioner appealed. Appeal dismissed. Delay in matter did not impact fairness of hearing. Petitioner did not suffer significant prejudice as result of delay. Acting Commissioner’s decision was reasonable. Decision was based on interpretation of RCMP suspension policy of which he had significant expertise. Interpretation and conclusion of Acting Commissioner were open to him. Reasons were thorough enough to explain how Acting Commissioner reached conclusion and for judge to judicially review decision. Judge properly applied standard of review.

Camara v. Canada (Feb. 12, 2015, F.C.A., Johanne Gauthier J.A., D.G. Near J.A., and A.F. Scott J.A., File No. A-268-14) Decision at 240 A.C.W.S. (3d) 749 was affirmed.  250 A.C.W.S. (3d) 150.

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