RCMP staffer appeals in disgraceful conduct case

OTTAWA • An RCMP member who was fined for disgraceful conduct in the workplace has launched a fresh court challenge to prevent further disciplinary actions against him.

Marco Calandrini is asking the Federal Court of Appeal to overturn a recent decision that opens the door to a conduct hearing for alleged sexual assault and harassment, which could lead to his dismissal.

Calandrini, a civilian member of the force, was fined five days’ pay in early 2015 following an investigation into complaints of nudity at the explosives training unit of the RCMP-administered police college in Ottawa.

Meantime, a male coworker brought allegations of sexual assault and harassment against Calandrini, saying he had touched his buttocks, inner thigh area while making suggestive remarks on three occasions between Aug. 31, 2012, and Oct. 29, 2013.

The RCMP notified Ottawa police, but the local force did not lay criminal charges. However, an internal RCMP probe substantiated the allegations in October 2015 and a penalty of 15 days’ pay was levied against Calandrini, who apparently accepted responsibility and expressed a desire to resolve the matter promptly.

The RCMP Act says that a conduct hearing — a more serious disciplinary step — may not be initiated against a member for an alleged contravention of the Code of Conduct more than one year after the alleged infraction becomes known.

But the RCMP invoked a time extension clause in the law and Calandrini was told in May 2016 that a conduct hearing would be in the public interest.

Calandrini unsuccessfully challenged the validity of the time extension in the Federal Court, which ruled last month the delay on the part of the RCMP “was not excessive.”

On Thursday, Calandrini’s counsel filed a notice of appeal, alleging the judge made errors of law.

The court action comes as the force grapples with new accusations of lewd and sexist social media posts by RCMP members.

On Friday, the CBC reported a new Facebook group supposedly created by, and limited to, male RCMP officers contains sexually suggestive material that has angered female colleagues. One post showed a painting of an RCMP officer with a burlesque dancer performing what appears to be oral sex on him.

Earlier this week, RCMP said it would undertake a Code of Conduct investigation into a private Facebook group posting by someone believed to be an officer who reportedly said a young Indigenous man deserved to die.

An Aboriginal Peoples Television Network report said a Mountie on the Prairies posted the message, which said the shooting of Colten Boushie on a Saskatchewan farm should never have been about race.