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FYI – Federal Court Decision – Boogaard

Nov 29

http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/99532/index.do

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4 Comments
  1. Bob permalink

    Paragraph 81 of Justice O’Keefe’s remarks note:

    “… the Commissioner violated the scheme enacted by Parliament by looking behind the adjudication board’s decision and preferring his own intuitions to the judgment of every relevant authority. Consequently, he exceeded his discretion because he relied on considerations prohibited by the statute from which he derives his power. That makes the decision unjustifiable and it must be set aside.”

    And Paragraph 82: ” (Commissioner) “…inappropriately substituted his opinion about the disciplinary case for that of the appropriate officer’s and ignored the adjudication board’s judgment.”

    One must openly ask does this “intervention” by the Commissioner consitute a breach of Section 37 Code of Conduct, RCMP Regulations, concerning abuse of authority?

  2. anon permalink

    So the Commissioner and one of his minions gets rapped for power tripping and circumventing their own bible, that being the RCMP Act, when it suits them.
    Sadly, they’ll just thumb their noses further at the courts and keep on doing the injustices they’re doing to RCMP members.

    Hopefully this S/Sgt gets his promotion. I’d be surprised to hear he does though as no doubt the Commissioner and his minions will delay and/or come up with a new reason to not promote him. Or at the very least find some way to make his life difficult.

  3. Thewolfinsheeps permalink

    So when can we expect the code to be ordered? None of these people are ever held accountable. Hypocrites!

  4. The Old NCO permalink

    This S/Sgt. can not expect to have a life if he remains inside the RCMP. I grieved a promotion process within the NCO ranks that took five years before it was settled in my favour. It was a very straight forward grievance but Management did not want to admit failures on their part. It was only settled because I was in the process of taking it to Federal Court. If that had happen several Commissioned Officers and RCMP Management would have faced embarrassment for their actions. Unfortunately I only won the battle as the war raged on for an additional three years as i experienced pressure and intemidation from Management. For the sake of my health I decided to retire as this was the only way to survive.

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