(Black Press Media files)

(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.

Just Posted

file photo
UPDATE: Leduc RCMP, Millet Fire Department and more on scene at serious multi-vehicle collision

Traffic is expected to be diverted for several hours and alternative travel routes are recommended.

File photo
Leduc RCMP request assistance to identify armed robbery suspect

Leduc RCMP are searching for suspect involved in an armed robbery at the Leduc Giant Tiger.

Alberta is now below 3,000 active cases of COVID-19, as the province reported 2,639 Wednesday. (NIAID-RML via AP)
Red Deer below 100 active COVID-19 cases for first time since March

69.7 per cent of Albertans 12 and over have at least one dose of the COVID-19 vaccine

Premier Jason Kenney says the provincial government is doing everything it can to encourage Albertans to get vaccinated. (Photo by Chris Schwarz/Government of Alberta)
Travel prizes added to Alberta’s vaccine lottery

More than 40 travel rewards available for those who are fully vaccinated

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

The Calgary skyline is seen on Friday, Sept. 15, 2017. THE CANADIAN PRESS/Jeff McIntosh
2 deaths from COVID-19 Delta variant in Alberta, 1 patient was fully immunized

Kerry Williamson with Alberta Health Services says the patients likely acquired the virus in the hospital

A vial containing the Moderna COVID-19 vaccine is shown at a vaccination site in Marcq en Baroeul, outside Lille, northern France, Saturday, March 20, 2021. THE CANADIAN PRESS/AP/Michel Spingler
mRNA vaccines ‘preferred’ for all Canadians, including as 2nd dose after AstraZeneca: NACI

New recommendations prioritizes Pfizer, Moderna in almost all cases

House Majority Whip James Clyburn, D-S.C., center left, reaches over to Rep. Maxine Waters, D-Calif., joined by Speaker of the House Nancy Pelosi, D-Calif., center, and members of the Congressional Black Caucus as they celebrate the Juneteenth National Independence Day Act that creates a new federal holiday to commemorate June 19, 1865, when Union soldiers brought the news of freedom to enslaved Black people after the Civil War, at the Capitol in Washington, Thursday, June 17, 2021. It’s the first new federal holiday since Martin Luther King Jr. Day was created in 1983. (AP Photo/J. Scott Applewhite)
Biden to sign bill making Juneteenth a federal holiday

New American stat marks the nation’s end of slavery

A screenshot of the First Peoples Cultural Councils First Peoples’ Map. (First Peoples Cultural Council)
Online resource blends B.C.-Alberta’s Indigenous languages, art and culture

Advisor says initiative supports the urgent need to preserve Indigenous languages

A plane is silhouetted as it takes off from Vancouver International Airport in Richmond, B.C., May 13, 2019. THE CANADIAN PRESS/Jonathan Hayward
Report calls for airlines to refund passengers for flights halted due to COVID-19

Conclusion: federal help should be on the condition airlines immediately refund Canadian travellers

Green party Leader Annamie Paul speaks during a news conference on Parliament Hill in Ottawa on Tuesday, June 15, 2021. Paul has survived another day of party strife after a planned ouster shifted course, leaving her with a tenuous grip on power ahead of a likely federal election this year. THE CANADIAN PRESS/Justin Tang
Green Leader Annamie Paul blasts ‘racist,’ ‘sexist’ party execs who sought ouster

Fallout has continued, with two of the federal council’s members resigning

Russian President Vladimir Putin, left, and U.S President Joe Biden shake hands during their meeting at the ‘Villa la Grange’ in Geneva, Switzerland in Geneva, Switzerland, Wednesday, June 16, 2021. (AP Photo/Alexander Zemlianichenko, Pool)
Biden says meeting with Putin not a ‘kumbaya moment’

But U.S. president asserted Russian leader is interested in improved relations, averting a Cold War

Most Read