Royal Canadian Mounted Police Act
Marginal note:Consideration of appeal
45.26 (1) The Commissioner shall consider an appeal under section 45.24 on the basis of
(a) the material that the officer or other member was given an opportunity to examine pursuant to subsection 45.19(3),
(b) the transcript of any hearing before the discharge and demotion board whose decision is being appealed,
(c) the statement of appeal,
(d) any written submissions made to the Commissioner, and
(e) the decision of the discharge and demotion board being appealed,
and the Commissioner shall also take into consideration the findings or recommendations set out in the report, if any, of the Committee or the Committee Chairman in respect of the case.
Marginal note:Decision on appeal
(2) The Commissioner may dispose of an appeal under section 45.24 by
(a) dismissing the appeal and confirming the decision being appealed;
(b) allowing the appeal and ordering a new review of the case by a discharge and demotion board; or
(c) where the appeal is taken by the officer or other member whose case was reviewed by the discharge and demotion board, allowing the appeal and
(i) directing that the officer or other member be retained in the Force at the present rank or level of the officer or other member, or
(ii) recommending that the officer be demoted or demoting the other member, as the case may be.
Marginal note:New review
(3) Where the Commissioner orders a new review of a case by a discharge and demotion board pursuant to subsection (2), a discharge and demotion board shall be appointed in accordance with this Part and the new review shall be conducted in accordance with this Part as if it were the first review of the case.
Marginal note:Copy of decision
(4) The Commissioner shall as soon as possible render a decision in writing on an appeal, including reasons for the decision, and serve each of the parties to the review by the discharge and demotion board and, if the case has been referred to the Committee pursuant to section 45.25, the Committee Chairman with a copy of the decision.
Marginal note:Commissioner not bound
(5) The Commissioner is not bound to act on any findings or recommendations set out in a report with respect to a case referred to the Committee under section 45.25, but if the Commissioner does not so act, the Commissioner shall include in the decision on the appeal the reasons for not so acting.
Marginal note:Commissioner’s decision final
(6) A decision of the Commissioner on an appeal under section 45.24 is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.
Marginal note:Rescission or amendment of decision
(7) Notwithstanding subsection (6), the Commissioner may rescind or amend the Commissioner’s decision on an appeal under section 45.24 on the presentation to the Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision.
- R.S., 1985, c. 8 (2nd Supp.), s. 16
- 1990, c. 8, s. 68
- 2002, c. 8, s. 182
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