RCMP
Judicial review of RCMP Commissioner's decision affirming earlier RCMP Adjudication Board's decision ordering applicants' dismissal from RCMP constable positions—Formal disciplinary action taken against applicants after exchanging offensive, highly inappropriate electronic messages while on duty from police cars—(1) No institutional bias because Appropriate Officer responsible for prosecution outranking Board members at hearing—No link between Appropriate Officer's actual position in RCMP hierarchy, nature of contravention or sanction sought—(2) Denial of fair hearing because Appropriate Officer's representative referring to Appropriate Officer's personal opinion regarding loss of confidence in constables during closing submissions—Given senior rank within RCMP, such references raised possibility of influence on Board members, therefore reasonable apprehension of bias—Application allowed
Kinsey v. Canada (Attorney General) (T‑1180‑06, T‑1181‑06, 2007 FC 543, de Montigny J., order dated 22/5/07, 52 pp.)