RCMP |
Rendell v. Canada (Attorney General)
T-1452-00
2001 FCT 710, Rouleau J.
27/6/01
11 pp.
Application for judicial review of RCMP Commissioner's decision ordering applicant to resign within 14 days of receiving decision, or be dismissed from Force--Decision consequence of improper conduct towards his common law wife resulting in 3 counts of misconduct under RCMP Act, conviction of assault under Criminal Code, decision of Adjudication Board directing applicant resign from RCMP within 14 days or be dismissed, and imposing reprimand and fine of 3 days' pay--External Review Committee, to which appeal to Commissioner referred, recommended applicant's appeal be allowed and that Board's decision be set aside and varied to fine of 10 days' pay and professional counselling--Commissioner, after extensive review of facts, Adjudication Board's decision and Committee's report and recommendation, dismissed appeal and upheld Board's decision--Application dismissed--Fact dismissal not imposed in other cases of domestic violence involving RCMP members not discrimination against applicant, simply that in other cases, mitigating circumstances warranting less severe sanction--Finding herein of pattern of violence during evening in question, no mitigating circumstances--While parity of sanctions certainly relevant in context of disciplinary proceedings within RCMP, cannot be applied in such manner as to fetter discretion bestowed upon Commissioner by legislation--Although issue labour-related, matter before Court in context of judicial review of administrative decision--Accordingly, regard must be given to enabling legislation under which impugned decision of Commissioner made--Certainly within Commissioner's power to come to conclusion he did--Commissioner did not err in law by giving undue weight to public expectations in determining appropriate sanction to be imposed in cases of this nature--Weighing of various aggravating and mitigating factors falling within purview of Commissioner's expertise and discretion in disciplinary matters involving members criminally convicted of domestic assault--RCMP's zero tolerance policy in domestic violence matters generally, and with respect to its members specifically, make it altogether reasonable for public expectations to have been one of considerations taken into account by Commissioner--Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10--Criminal Code, R.S.C., 1985, c. C-46.