Ryan Lewis v. Attorney General of Canada

(Federal) (Civil) (By Leave)


Administrative law — Boards and tribunals — Regulatory boards — Judicial review — Standard of review — Harassment complaint brought against RCMP officer — How should reviewing courts apply Vavilov framework where an administrative tribunal has set its own, highly deferential, standard of review — What constitutes reasonable interpretation of test for single incident harassment.


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Mr. Lewis is an RCMP officer. Mr. Lewis’ commanding officer found his conduct towards another officer, during a traffic checkpoint, was harassment. The commanding officer imposed certain conduct measures.

The Conduct Appeal Adjudicator confirmed the commanding officer’s finding of harassment. The Adjudicator rescinded the conduct measures imposed by the commanding officer due to a limitation period.

The Federal Court dismissed the application for judicial review. The Federal Court of Appeal dismissed the appeal.

Lower Court Rulings

December 9, 2021
Federal Court

2021 FC 1385, T-767-20
Application for judicial review dismissed.
January 23, 2023
Federal Court of Appeal

2023 FCA 15, A-355-21
Appeal dismissed.