Grievance Process
Level I
Under Part III of the RCMP Act, a member initiates the
grievance process by presenting a grievance on an area of concern.
The Level I review is conducted by an RCMP officer designated as a
Level I Adjudicator. The Level I Adjudicator makes a decision based
on a review of written submissions. If a member is dissatisfied with
the decision, then the member presents a Level II grievance.
Commissioner and Intervention of the External Review Committee (Level II)
A member who is not satisfied with the Level I decision of the Adjudicator
can ask that his grievance be referred to Level II. For subject
matters defined in section 36
of the Regulations, the Commissioner
constitutes Level II.
Five categories of grievances are referred to the Committee for
its review at Level II:
- Interpretation and application of government-wide policies that apply to members of the RCMP;
- Stoppage of pay and allowances during suspension of a member;
- Interpretation and application of the Isolated Posts Directive;
- Interpretation and application of the Relocation Directive;
- Administrative discharge on grounds of physical or mental disability,
abandonment of post, or irregular appointment.
Grievances that are not in these categories are reviewed through
the internal RCMP processes.
For those grievances referable to the Committee, the grievance
is referred to the Committee, unless the member requests that
the matter proceed directly to the RCMP Commissioner.
This rarely happens. The RCMP Commissioner may refer
the matter to the Committee despite the member's request to the
contrary (subsection 33(2)).
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 32(2) 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.