CIVIL PROCEDURE - Appeals - Grounds for review

Law360 Canada ( July 26, 2022, 5:43 AM EDT) -- Appeal by the Attorney General of Canada from the judgment of the Federal Court allowing the application for judicial review and setting aside the decision of the adjudicator on grounds that the adjudicator’s decision was reasonable. Muller was a member of the Royal Canadian Mounted Police (“RCMP”). While off-duty, he was involved in an incident at a fast-food restaurant that led to him being charged with three breaches of the RCMP Code of Conduct. The alleged breaches were considered by a Conduct Authority. The Conduct Authority found two breaches of the Code one of which was the charge of the use of inappropriate and unwanted force. The Conduct Authority imposed a penalty of forfeiture of two days’ pay in respect of this breach. Muller appealed the decision. The Review Committee found the Conduct Authority erred in finding Muller had admitted to using inappropriate and unwanted force. The Review Committee recommended that the appeal should be allowed. The Commissioner’s delegated Conduct Appeal Adjudicator then rendered the Level II decision on Muller’s appeal. The Adjudicator found that the decision of the Conduct Authority was not clearly unreasonable. Muller then sought judicial review of the decision of the Adjudicator in the Federal Court. the Federal Court allowed the application for judicial review....
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