RCMP
Judicial review of RCMP Deputy Commissioner’s decision overturning decision of adjudication board staying disciplinary proceedings on basis commenced outside statutory time period—Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, s. 43(8) prescribing hearing by appropriate officer in respect of alleged contravention of Code of Conduct after expiration of one year from time contravention, identity of member becoming known to appropriate officer—Complaint regarding applicant’s conduct filed in May 2002—Investigators not communicating with appropriate officer, but with representative—Investigation completed on April 10, 2003—Deputy Commissioner informed of allegations on April 28, 2003—Disciplinary proceedings commenced approximately three months later—As only appropriate officer having statutory power under s. 43(1) to initiate formal disciplinary proceedings, personal knowledge required—Adjudication board erred in finding imputed knowledge sufficient to start limitation period —Such interpretation of s. 43(8) could give rise to “shielding” of appropriate officers to avoid triggering limitation period—Use of abuse of process doctrine to stay proceedings in appropriate cases appropriate to discourage such improper practice—Unfairness from allowing disciplinary proceedings to proceed herein not of such a degree that contravenes fundamental notions of justice so as to undermine integrity of judicial process, thus justifying granting of stay—Application dismissed.
Smart v. Canada (Attorney General) (T-1465-07, 2008 FC 936, Mactavish J., judgment dated August 11, 2008, 29 pp.)