The applicant, an RCMP Corporal, sought judicial review of a Conduct Appeal Decision upholding conduct measures imposed following an off-duty altercation.
The Initial Decision-Maker found the applicant abused her authority by displaying her badge during the dispute.
Prior to issuing the written decision, an advisor for the Initial Decision-Maker engaged in an undocumented, ex parte consultation on factual matters with a use of force expert.
The Federal Court held this ex parte consultation violated the applicant's right to be heard and constituted a serious breach of procedural fairness that was not cured on appeal.
The judicial review application was granted, and the matter was remitted for redetermination.
