Riabko v. Canada
T-979-96
Teitelbaum J.
24/8/99
14 pp.
Application for order striking out statement of claim-On motion to strike statement of claim disclosing no reasonable cause of action, must be plain, obvious claim will not succeed notwithstanding fact allegations in statement of claim must be deemed true-Plaintiff Riabko member of RCMP from November 6, 1978 to September 14, 1994-In May 1994, Adjudication Board conducting hearing, finding Riabko guilty of contravening RCMP Code of Conduct-Plaintiff discharged from RCMP Force following elapse of appeal period allowed from Board's decision-Dismissed member must have been dismissed according to RCMP Act, Regulations, Code of Conduct-Crown should not commit abuse in dismissing RCMP member-Plaintiff alleging powers of discharge abused, exceeded, thereby creating triable issue-Whether statement of claim showed triable issue-No evidence may be adduced by parties as application to strike made under Federal Court Rules, 1998, r. 221(1)(a)-In enacting RCMP Act, Parliament created statutory process to deal with formal complaints-Act setting out internal grievance process-If sections of Act, Regulations followed, member may be dismissed, discharged without being able to pursue issue in Courts by filing statement of claim only alleging wrongful dismissal-Because of alleged breach of RCMP Code of Conduct, formal disciplinary hearing took place under RCMP Act, s. 43-Pursuant to Act, s. 45.14, plaintiff permitted to appeal decision of Adjudication Board to Commissioner of RCMP within 14 days-Riabko did not appeal Board's decision but commenced action against Crown in Federal Court-Did not follow procedure set out in RCMP Act-No cause of action where power with regard to grievance process as set out in RCMP Act not exceeded, abused-Plaintiff had right of appeal from decision of Board to Commissioner, but failed to file appeal-No purpose for Parliament to set out grievance procedure by statute if party could, after taking part in procedure, decide to circumvent statutory procedure-Application allowed-Federal Court Rules, 1998, SOR/98-106, r. 221(1)(a)-Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, ss. 43 (as am. by R.S.C., 1985 (2nd Supp.), c. 8, s. 16), 45.14 (as enacted idem)-Royal Canadian Mounted Police Regulations, 1988, SOR/88-361.