Gordon v. Canada (Solicitor General) et al., 2003 FC 1250

• Judge: Campbell, J.
• Court: Federal Court (Canada)
• Case Date: October 20, 2003
• Jurisdiction: Canada (Federal)
• Citations: 2003 FC 1250;(2003), 241 F.T.R. 281 (FC)

Gordon v. Can. (2003), 241 F.T.R. 281 (FC)

MLB headnote and full text

Temp. Cite: [2003] F.T.R. TBEd. NO.021

Glen Daniel Gordon (applicant) v. The Solicitor General of Canada, The Commissioner of the Royal Canadian Mounted Police and The Deputy Attorney General of Canada (respondents)

(T-253-01; 2003 FC 1250)

Indexed As: Gordon v. Canada (Solicitor General) et al.

Federal Court

Campbell, J.

October 28, 2003.

Summary:

The applicant, a constable in the RCMP, had sexual intercourse with a member of the public, after she had contacted the applicant to discuss her options relating to a sexual assault that had occurred 15 years prior. An Adjudication Board found that the applicant had conducted himself in a disgraceful manner and directed the applicant to resign from the Force within 14 days or be dismissed. The applicant appealed the Board's decision to the Commissioner of the RCMP. The Commissioner dismissed the appeal. The applicant applied for judicial review.

The Federal Court dismissed the application.

Police - Topic 4103

Internal organization - Dismissal of members - What constitutes cause for dismissal - The applicant, a constable in the RCMP, had sexual intercourse with a member of the public, after she had contacted the applicant to discuss her options relating to a sexual assault that had occurred 15 years prior - An Adjudication Board found that the applicant had conducted himself in a disgraceful manner and directed the applicant to resign from the Force within 14 days or be dismissed - The applicant appealed the Board's decision to the Commissioner of the RCMP - The Commissioner dismissed the appeal, holding that the applicant was in a position of authority and trust and had to ensure that he did nothing to take advantage of it - The applicant applied for judicial review, arguing that the Commissioner's decision was patently unreasonable as a 10 to 15 minute conversation in the Detachment office was not sufficient to warrant dismissal - The Federal Court held that the Commissioner's decision was not patently unreasonable and dismissed the application.

Police - Topic 4205

Internal organization - Discipline - Punishment - Dismissal - [See Police - Topic 4103 ].

Cases Noticed:

Millard v. Canada (Attorney General) (2000), 253 N.R. 187 (F.C.A.), refd to. [para. 19].

Jaworski v. Canada (Attorney General) (2000), 255 N.R. 167 (F.C.A.), leave to appeal dismissed (2001), 267 N.R. 195 (S.C.C.), refd to. [para. 19].

Lee v. Royal Canadian Mounted Police et al. (2000), 184 F.T.R. 74 (T.D.), refd to. [para. 19].

Canada Safeway Ltd. v. Retail, Wholesale and Department Store Union, Local 454 and Hardy, [1998] 1 S.C.R. 1079; 226 N.R. 319; 168 Sask.R. 104; 173 W.A.C. 104, consd. [para. 19].

Dr. Q., Re (2003), 302 N.R. 34; 179 B.C.A.C. 170; 295 W.A.C. 170; 223 D.L.R.(4th) 599 (S.C.C.), refd to. [para. 23].

Counsel:

Nancy Pearson, for the applicant;

Barry Benkendorf, for the respondents.

Solicitors of Record:

Evans, Pearson & Co., Edmonton, Alberta, for the applicant;

Morris Rosenberg, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard on October 20, 2003, at Edmonton, Alberta, by Campbell, J., of the Federal Court, who delivered the following decision on October 28, 2003.