ERC Process

The ERC is an independent administrative appellate tribunal. As determined by the RCMP Act, its role consists in reviewing the decision rendered by a first instance decision-maker. The ERC will review the decision being appealed to assess whether it was clearly unreasonable, made in breach of principles of procedural fairness or contains an error law. Therefore, a review by the ERC is not a second chance for an appellant to present their case. 

The case record, which includes relevant material and submissions made by the parties, is sent to the ERC Registrar through the RCMP’s Office for the Coordination of Grievances and Appeals (OCGA).

The record is then examined by ERC Counsel for completeness and prioritized on the basis of various factors, including the severity of the decision being grieved or appealed.

The Chairperson, with the assistance of ERC Counsel, reviews the record as well as applicable laws, jurisprudence, regulations and policies, in order to prepare his Report of Findings and Recommendations. 

Pursuant to the RCMP External Review Committee’s Rules of Practice and Procedure, the ERC has the authority to seek further submissions from parties on an issue which needs clarification. 

The Chairperson’s Report of Findings and Recommendations is provided to the Commissioner of the RCMP and to the parties involved. The Commissioner of the RCMP, or a delegate, is the final decision-maker in the RCMP process and must consider the ERC’s Report of Findings and Recommendations. The Commissioner, or a delegate, is not bound by any Report of Findings or Recommendations. However, the Commissioner, or a delegate, is legally required to provide reasons in their decision if they deviate from the ERC Report of Findings and Recommendations.