Law360 Canada ( October 26, 2017, 8:32 AM EDT) -- 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 be dismissed. On an administrative appeal, the Commissioner determined the Board breached the respondent's right to procedural fairness in a serious manner. The findings and sanction were nonetheless affirmed on the basis the outcome was legally inevitable. On judicial review, the Federal Court held that the breach of procedural fairness justified remitting the matter back to a differently constituted Board for redetermination. The Crown appealed....