(Black Press Media files)

Ottawa fights planned class action against RCMP for bullying, intimidation

The current case is more general, applying to employees, including men, who worked for the RCMP

The federal government is fighting a proposed class-action lawsuit against the RCMP over bullying and intimidation of members, saying the national police force already has a comprehensive policy on harassment and the Mounties have made strides toward modernization.

In a submission to the Federal Court of Canada, lawyers representing the attorney general argue the action spearheaded by two veteran male Mounties, Geoffery Greenwood and Todd Gray, should not be certified.

“This motion is not about whether there is, or has been a harassment problem in the RCMP, or even whether the RCMP leadership has appropriately responded to the problem,” the federal submission says.

“The sole question is whether the proposed claims ought to proceed through the vehicle of a class action. The proposed action fails to satisfy even the law threshold for certification.”

The RCMP has already settled class-action lawsuits involving millions of dollars of payouts for discrimination, bullying and harassment involving female RCMP members and those who served the force in non-policing roles from 1974 onwards.

READ MORE: Second $100M settlement reached in RCMP sexual harassment class action

The current case is more general, applying to employees, including men, who worked for the RCMP in a wide array of roles over the decades. It would, however, exclude women already covered by the other class actions.

Greenwood and Gray, both of whom live in Alberta, allege they were among those subjected to a culture of systemic bullying, intimidation and harassment that was fostered and condoned by the RCMP leadership.

They claim such behaviour was bolstered by barriers that “amplified a stark power imbalance” within the paramilitary structure of the force and prevented members from engaging in collective bargaining or other meaningful redress.

The sole avenue of recourse was through members of the chain of command who were either involved in such behaviour themselves or protected the perpetrators, the plaintiffs say. “This in turn created a toxic work environment, characterized by abuse of power and fear of reprisal.”

More than 800 potential class members from across the country had contacted lawyers handling the action as of last October.

The motion for certification was argued in part during two days of hearings last month. No court date has been set to complete the arguments.

The RCMP has “unequivocally acknowledged” the problem of bullying and harassment and is taking concrete steps to address it, the federal submission says.

“Indeed, concerted and ongoing efforts and resources have been directed to preventing and properly addressing conduct which is, and has always been, contrary to the RCMP Code of Conduct and RCMP policies.”

The Trudeau government has directed new commissioner Brenda Lucki to make the national police force representative of Canada’s diverse population by embracing gender parity and ensuring that women, Indigenous members and minority groups are better reflected in the upper ranks.

The RCMP has worked to implement the scores of recommendations flowing from reports in recent years that documented the police force’s shortcomings, the federal lawyers say. The suggestion that the RCMP actions are insufficient and that a class action is the only way to bring about change ignores these efforts, they add.

“Ensuring a robust internal-recourse disciplinary regime that effectively addresses inappropriate conduct is essential to changing the culture of the RCMP.”

The federal lawyers argue the case for certification also fails because the courts have consistently declined — save for the most exceptional circumstances — to assume jurisdiction over workplace disputes covered by comprehensive grievance and other specialized recourse schemes.

The existing workplace dispute-resolution and compensation regimes are preferable “and will be undermined if this action is certified,” the submission says.

Further, the lawyers argue, the proposed class definition is “overly broad and indeterminate,” stretching back to the oldest individual who was, at any point, employed by the RCMP.

Apart from the lead plaintiffs’ own experiences as regular-force members, there is no evidence of people in other RCMP employment categories who have suffered injuries as a result of harassment, the submission says.

READ MORE: Sexual harassment lawsuit vs. former BC RCMP spokesman settled

Jim Bronskill , The Canadian Press


Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Rosslanders celebrate Canada Day in style

Locals organized a museum scavenger hunt, a Mt. Roberts flag-raising ceremony and evening fireworks

Hwy 1 flooding causes massive delays on certain Arrow Lakes ferry routes

Motorists have been waiting around three hours to get on ferries

Rossland Museum and Discovery Centre expands operations online

The facility also opened back up to the public earlier in June

Mills oppose Celgar’s ask for cheaper logs destined for chipper

The Castlegar mill has asked the province for a lower rate for any log that goes straight to pulp

City of Rossland’s annual report focuses on infrastructure

The city released the report online last month

QUIZ: A celebration of dogs

These are the dog days of summer. How much do you know about dogs?

300 Cache Creek residents on evacuation alert due to flood risk as river rises

Heavy rainfall on Canada Day has river rising steadily, threatening 175 properties

First glimpse of Canada’s true COVID-19 infection rate expected mid-July

At least 105,000 Canadians have tested positive for COVID-19 since the coronavirus was identified

Police ramp up efforts to get impaired drivers off B.C. roads this summer

July is dedicated to the Summer CounterAttack Impaired Driving Campaign

Migrant workers stage multi-city action for full status amid COVID-19 risks

‘COVID-19 has exacerbated an existing crisis’

Okanagan school drops ‘Rebels’ sports team name, citing links with U.S. Civil War

Name and formerly-used images “fly in the face” of the district’s human rights policy, says board chair

PHOTOS: B.C.’s top doc picks up personalized Fluevog shoes, tours mural exhibition

Murals of Gratitude exhibit includes at least one portrait of Henry alongside paintings of health-care workers

In troubled times: Independence Day in a land of confusion

Buffeted by invisible forces and just plain worn out, the United States of America celebrates its 244th birthday

Stop enforcing sex work laws during COVID-19, advocates say

There are provisions in Canada’s prostitution laws that make workers immune from prosecution, but not from arrest

Most Read