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NATURAL JUSTICE - Duty of fairness - Procedural fairness - Hearings - Practice and procedure

Thursday, October 26, 2017 @ 8:32 AM  

Appeal by the Crown from a judicial review judgment in favour of the respondent, Royal Canadian Mounted Police (RCMP) Constable McBain. The respondent was a police constable subjected to a disciplinary proceeding due to an allegation of sexual intercourse during professional interactions with a citizen. The allegations further addressed whether the intercourse was consensual and the respondent's unforthcoming conduct post-incident. The RCMP Adjudication Board (Board) found that the respondent conducted himself in a disgraceful manner and ordered his resignation within 14 days, failing which he would...