Mandate of the RCMP External Review Committee (ERC)
The ERC is an independent administrative tribunal (a distinct organization, separate from the RCMP). It reviews appeals made by RCMP members of certain decisions affecting them that are made by RCMP managers including appeals of decisions:
- to dismiss or to demote an RCMP member, or to impose a financial penalty of more than one day's pay, for contravention of the RCMP Code of Conduct;
- in a harassment complaint investigation;
- to discharge or to demote a member for being absent from duty; and,
- to stop a member's pay and allowances when the member has been suspended from duty.
Based on its review of a file referred to it by the RCMP, the ERC provides findings and recommendations for a final decision in the matter to the Commissioner of the RCMP. The Commissioner (or a delegate) is the final decision maker and is not required to follow the findings or recommendations of the ERC; but if he does not, the RCMP Act requires the Commissioner to include the reasons for not following the recommendations of the ERC in the final decision.
The ERC is the only independent review mechanism available to RCMP members for these matters (which must be referred to the ERC pursuant to the RCMP Act and RCMP Regulations); other than review by the Federal Court, which a party could apply for after a final decision is made by the Commissioner.
The ERC engages in a number of outreach and communications activities which support the administration of its appeal file reviews and which contribute to awareness and understanding of workplace issues within the Force. This includes presentations or discussions with RCMP managers and workplace representatives, the regular publication of the ERC Communiqué and its distribution within the Force as well as occasional articles or discussion papers on topics of interest related to the work of the ERC.
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