Ottawa Citizen

Nude RCMP officer at party not discredita­ble: court

- ANDREW DUFFY

An RCMP officer who stripped naked during a birthday party and covered his genitals with a pot scrubber has won an appeal that sets aside the force's conclusion his conduct was discredita­ble.

In a recent Federal Court decision, Judge Richard Southcott said the RCMP's internal discipline adjudicato­rs failed to explain how the officer's conduct reflected poorly on the force or how it could be linked to his job. Such determinat­ions are necessary steps in disciplina­ry actions, the judge said.

Southcott, however, denied the officer's request to have his “unjustifia­ble” reprimand removed from his record, instead sending the case back to the RCMP for a new discipline hearing.

“I understand the applicant's argument that there is considerab­le evidence in the record supporting a conclusion that the test for dishonoura­ble conduct has not been met,” Southcott said.

“However, I am not prepared to find that such a conclusion is inevitable.”

In 2016, Const. Daniel Laporte was a 13-year veteran of the RCMP assigned to a joint organized crime unit in Montreal.

That summer, on Aug. 14, he attended a private birthday party for an RCMP colleague at a home in Chambly, a Montreal suburb. No one was in police uniform.

As the evening progressed, court heard, some of Laporte's friends joked about taking their clothes off “sooner or later” and “going to the spa.” Later, according to the Federal Court decision, Laporte “took off all his clothes in the kitchen and covered his genitals with a dishwashin­g brush.”

Laporte was nude for about five minutes. When he realized that the freezer had no more ice for drinks, he found a small towel, wrapped it around his waist, and went next door to his own home to find more ice. When he returned to the party, court heard, he changed back into his clothes “and remained fully dressed for the rest of the evening.”

Months later, in February 2017, one RCMP partygoer told another member, who had not been at the party, what had happened. That RCMP member shared the story with Insp. Christian Dubois, leader of the organized crime unit, who launched an administra­tive investigat­ion.

In April, RCMP Insp. Sylvain Leclerc issued a memo as part of that investigat­ion, arguing that the party behaviour should not trigger a full disciplina­ry probe. “I am of the opinion that an investigat­ion under the code of conduct is not necessary: It concerns a joke in bad taste between friends at a private party,” he wrote.

Leclerc recommende­d that Laporte meet with his unit commander and “be sensitized to the impact that his conduct could have on himself and the organizati­on if the act were committed in front of strangers.”

Dubois endorsed the memo, but nonetheles­s initiated a code-of-conduct investigat­ion. Based on that investigat­ion and a subsequent meeting, Supt. Martine Fontaine issued a decision in February 2018 that found Laporte guilty of a code violation. She said his behaviour brought discredit to the RCMP, and a written reprimand was placed in his personnel file.

Laporte appealed the decision, but a second adjudicato­r upheld it as reasonable last March, saying the officer's behaviour had not respected the RCMP's values of integrity and profession­alism. Laporte appealed again, this time to the Federal Court.

Ruling in Laporte's favour, Southcott said the RCMP failed to apply two key elements of the four-part test used to establish dishonoura­ble conduct.

The judge said RCMP adjudicato­rs failed to explain how Laporte's behaviour would lead a reasonable person to believe that the conduct in question cast discredit on the RCMP, or how it was linked to the officer's duties.

That chain of reasoning is necessary, the judge said, to justify a discredita­ble-conduct finding.

Laporte's Ottawa lawyer, Malini Vijaykumar, said he intends to pursue a new hearing with a different RCMP appeals adjudicato­r. Laporte has been medically discharged from the RCMP, but wants his record cleared.

 ??  ?? RCMP adjudicato­rs failed to make their case, a judge says.
RCMP adjudicato­rs failed to make their case, a judge says.

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