Laquerre v. Canada ( Commissioner of Royal Canadian Mounted Police )
T-1937-94
Teitelbaum J.
25/7/95
25 pp.
RCMP officer, working in financial crimes section, subject of disciplinary hearing-At time offence committed, no limitation period for commencement of disciplinary proceedings existing under Act (old Act)-Amendment to Act (new Act) introducing one-year prescription period for disciplinary charges-Disciplinary tribunal finding applicant guilty of charges; applicant appealing decision to Commissioner; External Review Committee advising Commissioner statute-barred by new Act; Commissioner ignoring External Review Committee recommendations and upholding finding of disciplinary tribunal-Applicant seeking order compelling Commissioner to follow recommendations of External Review Committee-External Review Committee's report merely advisory in character-New Act applicable if prescription period constituting procedural matter; old Act applicable if prescription period matter of substantive law-Except for matters such as delays for filing of proceedings, prescription limitations to be considered substantive law (Tolofson v. Jensen, [1994] 3 S.C.R. 1022)-Circumstances of case very important in determining whether time limitation substantive or procedural law-In introducing old Act, Parliament not intending to limit time Commissioner having to bring charges against RCMP officer-Applicant charged under old Act; new Act introducing prescription period of little importance on facts of present case-Limitation under new Act not applicable to charges brought under old Act-Applicant also submitting Commissioner's jurisdiction to hear appeal from disciplinary tribunal violating Charter, s. 11(d) right-S. 11(d) only applying where possibility of serious punishment existing, i.. serious punishment usually imprisonment but also including large fine (R v. Wigglesworth, [1987] 2 S.C.R. 541)-Such imprisonment or fine must be intended to redress wrong done to society rather than to maintain internal discipline-Imposition of fine of two-weeks' salary not aimed at redressing wrong done to society but rather to maintain discipline within RCMP-No breach of applicant's Charter rights-Commissioner not statute-barred by new Act-Application denied-Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, s. 43(8) (as am. by R.S.C., 1985 (2nd Supp.), c. 8, s. 16)-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 11(d).