Image Credit: ADOBE STOCK

- This story was originally published June 8, 2022.

A Kamloops RCMP officer who put hands on a McDonald's manager over an allegedly undercooked McDonald's cheeseburger has had a code of conduct of charge reinstated by Canada's federal appeals court.

On June 2, a panel of judges at the Federal Court of Appeal overturned a previous ruling that had exonerated Const. Michael Muller of any wrongdoing following the incident that took place in a Kamloops McDonald's in 2016.

He has been fighting the case for eight years and has been the subject of multiple appeals and at one point earned Const. Muller an assault charge.

According to court documents, in April 2016 Const. Muller accused McDonald's staff at the restaurant's Sahali location of undercooking his cheeseburger.

The officer was off duty at the time and the incident quickly escalated as Const. Muller complained to the manager. He then grabbed the wrist of the manager, who was moving the burger away as the police officer was trying to photograph it. The manager dropped the cheeseburger and Const. Muller then walked around the counter, picked up the burger and took a photo of it.

The incident was captured on a surveillance camera, although no sound was recorded.

The decision says Const. Muller "raised his voice and used profanities" before the manager told him he would call the police.

Const. Muller then told him he was a police officer.

The manager called 911 but Const. Muller left before the police arrived.

Const. Muller was criminally charged with assault and causing a disturbance and placed on desk duty.

The criminal charges were later dropped by the Crown, but Const. Muller still faced three charges under the RCMP Conduct Authority that he used inappropriate and unwanted force and behaved in a manner that was likely to discredit the force.

He was found guilty under the RCMP Conduct Authority of two charges and docked three days' pay.

Const. Muller appealed the decision that he'd used inappropriate and unwanted force and in February 2021 won his case. He was awarded $5,000 to cover his legal fees and one of his lost days of pay.

However, the Attorney General of Canada appealed the court decision and sent the case back for review.

Federal Court of Appeal Justice Eleanor Dawson said there were more appropriate ways Const. Muller could have acted.

The Justice said that suggesting that the manager's failure to offer a refund to the officer justified Muller's use of force failed to recognize that RCMP officers are held to a higher standard of conduct than members of the public.

The Justice describes Muller's behaviour as "menacing the manager."

Ultimately, the Federal Appeal Court sided with the RCMP Conduct Authority and reinstated Const. Muller's code of conduct findings.

Whether Muller still works as an RCMP officer is not discussed in the court documents.

Whether or not the burger was actually cooked properly was never decided by the court.

Muller has now been left to pay the court fees.

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