The applicant, an RCMP officer, sought judicial review of a disciplinary decision finding he breached the Code of Conduct by using inappropriate force against a McDonald's manager while off-duty.
The incident occurred when the manager removed an undercooked burger the applicant was trying to photograph, prompting the applicant to briefly grab the manager's wrist.
The Federal Court found the decision unreasonable because it was based on an erroneous finding that the applicant had admitted to the allegation, and because the force used was an instinctual reaction to the manager taking his property.
The application for judicial review was granted.
