One More Reason The Police Shouldn't Police The Police...

Ron in Regina
Delay could bring early end to RCMP disciplinary hearing

By Heather Polischuk, Leader-PostMarch 17, 2009
Source: Delay could bring early end to RCMP disciplinary hearing (external - login to view)

REGINA -- The board overseeing a harassment complaint, leveled at one RCMP
member by another, took Tuesday afternoon to decide whether there was a
potentially fatal delay in the process.

Should the board — made up of three senior RCMP members — decide there was
undue delay, Cpl. Tim Korman and his lawyer, Richard Grounds, will have been
successful in getting the case thrown out, even before substantive evidence is
heard. The board is expected to return with its decision Wednesday. The
disciplinary hearing against Korman, charging him with contravening the RCMP Act
by harassing and sexually harassing Const. Laura Lehne (nee Affie), began on
Monday with a motion by Grounds that the case be thrown out because RCMP brass
took too long in deciding to proceed against Korman.

The board heard from three high-ranking members on the time limitation issue on
Monday and Tuesday — including now-retired Assistant Commissioner Darrell
McFadyen — who testified about their roles in dealing with Lehne’s complaint. She
alleged her former supervisor sexually harassed her while they were posted at the
Buffalo Narrows detachment in the summer of 2004 and continued to harass her in
a non-sexual way once she’d transferred to Turnor Lake, a Buffalo Narrows
satellite detachment.

Grounds noted several months passed between Lehne’s official complaint in
October 2005 and March 9, 2006, when McFadyen ordered an investigation.
Grounds then pointed out McFadyen’s decision to take action against Korman
wasn’t handed down until March 6, 2007, just days before the one-year limitation

Grounds pointed to evidence that Lehne’s complaint was with McFadyen’s office
during the week of Feb. 13, 2006 — potentially meaning the then-commanding
officer would have been over the one-year period by his March 2007 decision.
However, McFadyen and human resource officer, Chief Supt. Garry Jay (who
testified Tuesday), each maintained McFadyen wouldn’t have read the complaint
prior to March 9.

“(Action) was initiated within the one year,” appropriate officer representative (a
position similar to the Crown in a criminal trial) Cpl. Jonathon Hart argued, adding
that case law determined the clock begins ticking only once the commanding
officer becomes aware of the complaint.

However, Grounds also argued that although McFadyen signed off on proceeding
against Korman on March 6, 2007, he didn’t send the matter to a designated
officer for initiation of discipline until April 4 — about a month past Hart’s argued
limitation period. Contrary to what Hart argued, Grounds said the designated
officer also should have been notified and formal discipline initiated within that
one-year period.
To fix that Ron we have to change the Act that created the RCMP as a militia not as a police force. Disable the self governing body and create a parliamentary oversight committee. Easier said than done.
Ron in Regina
It doesn't change that fact that there's a real problem. I'm not singling
out the RCMP, but Police in general investigating themselves in any
accusations of criminal wrongdoing.

I don't have the answer, but I recognize the problem. Some type of
completely independent body (who'll do a real investigation in a timely
manner) away from the "blue line" or "church" or whatever it's called
where ever you live.

The Public Complaints Commission's (formerly called the Police
Complaints Commission's) are part of the problem with their rubber
stamps on the Police policing the Police, and not part of the solution.

This can only help restore the public's faith in Law Enforcement, and
help to eliminate the "us against them" mentality between the public &
Law Enforcement (from both directions) by making both sides realize
that Law Enforcement officers are still answerable members of the
Ron in Regina
....and this one is tossed.
Source: Harassment complaint against RCMP corporal thrown out (external - login to view)

REGINA — An adjudication board has thrown out a complaint laid against an RCMP
corporal by a female member who alleged her former supervisor had harassed and
sexually harassed her.

After taking Tuesday afternoon to think about it, the adjudication board — made
up of three senior RCMP members — came back Wednesday morning with their
decision: They agreed the process had taken too long, effectively ending
disciplinary action against Korman.

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