Daniel Kohl v. Attorney General of Canada
DANIEL KOHL
Law Firm / Organization
Nelligan O'Brien Payne LLP
Lawyer(s)

Adrienne Fanjoy

ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Stephanie White

  • Background: Constable Daniel Kohl sought judicial review after an RCMP Conduct Board decision ordering him to resign or be dismissed was upheld by an Adjudicator. This followed a public complaint about Kohl's conduct regarding a fabricated award meeting.

  • Conduct Board's Findings: The Board found Kohl guilty of two dishonesty allegations: omitting part of a text message exchange and submitting a false statement. His credibility was questioned due to inconsistencies in his evidence.

  • Conduct Board's Conclusion: Kohl's misconduct was identified as lying during the investigation to avoid accountability, undermining the RCMP conduct process and showing a lack of honesty and professionalism.

  • Review Process: The External Review Committee and an Adjudicator upheld the Conduct Board's decision, finding it reasonable and not in violation of procedural fairness.

  • New Evidence and Fairness Issues: Kohl attempted to introduce new evidence (a photo and an email), which was rejected due to late submission and credibility concerns. The Adjudicator found no breach of procedural fairness, including bias or failure to call witnesses.

  • Judicial Review Findings: The judicial review focused on the reasonableness of the Adjudicator's decisions regarding procedural fairness and the rejection of new evidence. It concluded that significant procedural fairness was owed to Kohl due to the severe impact on his career, but the Adjudicator's decision was ultimately deemed reasonable.

  • Outcome: Kohl's application for judicial review was dismissed, supporting the decision to order his resignation or dismissal.

Federal Court
T-2135-22
Administrative law
Respondent
17 October 2022