Disciplinary Process

Adjudication Board

Under Part IV of the RCMP Act, the "Appropriate Officer" is responsible for initiating a hearing before an Adjudication Board when he or she believes that a member has contravened the Code of Conduct and that formal disciplinary action is warranted. The Board is composed of three officers, one of whom must be a graduate from a law school recognized by the law society of any province. Formal disciplinary action is warranted when the alleged contravention is serious in nature and informal action (such as training, counseling, transfer, closer supervision) would constitute an insufficient remedy.

When a matter is referred to the Board, it holds a hearing to inquire whether the events in fact occurred and if the allegations are proven. If they are, the Board then determines the appropriate sanction.

Either the member or the Commanding Officer can appeal the decision to the Commissioner. The member has an unlimited right of appeal. The Commanding Officer can appeal a finding that no violation of the Code of Conduct occurred but has a very limited right to appeal the sanction.

Commissioner and Intervention of the External Review Committee

If the member or the Appropriate Officer is dissatisfied with the decision of the Adjudication Board, either may appeal the decision to the Commissioner.

There is no limitation on the type of disciplinary matters that can be reviewed by the Committee. The appeal is 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 45.16(6) 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.