Discharge and Demotion Process

Discharge and Demotion Board

A member may be subject to discharge or demotion proceedings for failing to perform his or her duties in a satisfactory manner, after having been given "reasonable assistance, guidance and supervision in an attempt to improve the performance of those duties". Under Part V of the RCMP Act, a discharge and demotion process is initiated by a Commanding Officer serving a Notice of Intention.

The member has the right to examine the material in support of the Notice of Intention and to request that a Discharge and Demotion Board, consisting of three senior officers of the Force, be convened.

A Discharge and Demotion Board holds a hearing and issues a decision.

Commissioner and Intervention of the External Review Committee

If the member or the Commanding Officer is dissatisfied with the decision of the Discharge and Demotion Board, either may appeal the decision to the Commissioner.

Appeal submissions are made in writing and the appeal is then referred to the Committee unless the member requests that the matter proceed directly to the RCMP Commissioner. This rarely happens.

Prior to making a decision, the Commissioner is required to refer the matter to the Committee, which studies the case and makes findings and recommendations. The Commissioner is not bound by the recommendations; however, if he rejects them, he must provide reasons as required by subsection 45.26(5) of the RCMP Act.

The RCMP Commissioner makes the final decision.

Intervention of the Federal Court of Canada

The Commissioner of the RCMP is an agent created by a federally enacted statute and, as such, falls under the jurisdiction of the Federal Court pursuant to the Federal Courts Act. If a member of the RCMP is dissatisfied with a final ruling of the Commissioner, that member may apply to the Federal Court (Trial Division) for a review of the decision.