Federal court | Administrative Law
JUDICIAL REVIEW
Grievance procedure adequate alternative remedy
Applicant applied for judicial review of assistant commissioner’s decision. Applicant was RCMP officer. Investigation began after it was believed that applicant was conducting himself in disgraceful manner, which could discredit force. Applicant was caught stealing on tape. Thefts occurred inside police station. Applicant took money from inside desk or jackets of other R.C.M.P. officers. Applicant was suspended with pay. Assistant commissioner recommended applicant’s stoppage of pay and allowances. Applicant claimed he was suffering from post-traumatic stress disorder. Application dismissed. Applicant did not properly avail himself of remedies available to him under grievance procedure provided for in s. 31 of Royal Canadian Mounted Police Act. Grievance process would allow applicant to fully present case and seek broader range of remedies. If grievance was denied applicant could then seek judicial review. Grievance procedure was adequate alternative remedy that applicant had yet to fully avail himself of before coming to court. Application for judicial review was premature.
Holdenried v. Canada (Attorney General) (June 12, 2012, F.C., Pinard J., File No. T-966-11) 218 A.C.W.S. (3d) 206 (19 pp.).
Grievance procedure adequate alternative remedy
Applicant applied for judicial review of assistant commissioner’s decision. Applicant was RCMP officer. Investigation began after it was believed that applicant was conducting himself in disgraceful manner, which could discredit force. Applicant was caught stealing on tape. Thefts occurred inside police station. Applicant took money from inside desk or jackets of other R.C.M.P. officers. Applicant was suspended with pay. Assistant commissioner recommended applicant’s stoppage of pay and allowances. Applicant claimed he was suffering from post-traumatic stress disorder. Application dismissed. Applicant did not properly avail himself of remedies available to him under grievance procedure provided for in s. 31 of Royal Canadian Mounted Police Act. Grievance process would allow applicant to fully present case and seek broader range of remedies. If grievance was denied applicant could then seek judicial review. Grievance procedure was adequate alternative remedy that applicant had yet to fully avail himself of before coming to court. Application for judicial review was premature.
Holdenried v. Canada (Attorney General) (June 12, 2012, F.C., Pinard J., File No. T-966-11) 218 A.C.W.S. (3d) 206 (19 pp.).
