RCMP face potential legal roadblock to firing man over police college misconduct

Documents filed at federal court accuse RCMP brass of overstepping their authority by trying to discipline a civilian employee a second time for the same incidents of misbehaviour at the Canadian Police College in Ottawa.

Marco Calandriniused to teachforced explosive techniques at the RCMP-run school before he was disciplined and moved to another section of the police force.

He and Staff Sgt. Bruno Solesme are at the centre of allegations of bullying, harassment and nudity at the office during work hours.

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In a notice of application filed this week at Federal Court, Calandrini's lawyer,Louise Morel, alleges senior managers at the RCMP retroactively granted themselves the power to extend the timeframe for the dismissal process, even though the deadline had long passed.

Morel said the police force has broken its own rules of discipline in trying to punish Calandrini a second time. Shecalls it double jeopardy.

"Personally, I think it's unconscionable for anan employer to exercise such Draconian powers against its employees," she told CBC News.

The RCMP first suspended Calandrinifor workplace misconduct in 2014.Four men who used to work at the college told CBC News that Calandrini and Solesmeregularlyengaged in profane office high-jinks.Calandriniwas docked five days' pay.

But not long after, the forcenotified Calandrinihe was facingadditional allegations ofbad behaviour at the office.

Last fall, the force held a conduct meeting and docked Calandrini an additional 15 days' pay.

CBC News reported on misconduct at the police college in February.

Within two weeks, Assistant Commissioner Craig MacMillanasked for aretroactive extension ofthe period where Calandrini could be dismissed.Morel said Commissioner Bob Paulson granted the request.

"He's been found guilty by the employer. He's had a sanction imposed by an assistant commissioner, a commanding officer of a division and now we've decided because there's too much media attention and criticism, 'Oh geez, he didn't get enough! We're going after him again,'" Morel said.

The RCMP has not responded to CBC's request for comment.

Deadline for dismissal expired

While the RCMP's ownrules allow it to alter punishment at any time, managers have only one year to decide whether to fire an employee.

As the force's opportunity to fire Calandrini had expired, Morel is asking the federal court to review the RCMP's procedural manoeuvres. She said the RCMP did not provide any rationale or evidence to justify a retroactive extension of the limitation period.

Her application adds the force has yet to explainits decision not to take a second look at its initial disciplinary decision when it legitimately had the chance.

All of this takes place as a Senate committee examines bill C-7, which aims to comply with a Supreme Court of Canada decision granting Mounties the right to collective bargaining.

"There is no union to protect the members. They used to have amembers' representative program but that has also been abolished. So these members are on their own against their employer, so it's a little bit like David and Goliath," said Morel.

Within days of learning about the allegations at the Canadian Police Collge, Commissioner Bob Paulson ordered awide-ranging review of everything that occurred at the explosives unit. The report is expected to be released soon.