Question Period Note: Greenwood Gray

The Supreme Court of Canada denied the Attorney General of Canada leave to appeal the decision of the Federal Court of Appeal on Greenwood Gray on March 17, 2022.

• The RCMP respects the Supreme Court of Canada’s decision.

• Separate and apart from the court’s decision, the RCMP recognizes that there is always more they can do to improve the workplace.

• Ensuring a more equitable workplace, free of harassment, violence, and discrimination is a top priority for the RCMP.

• Over the last few years, the RCMP has set a solid foundation to address harassment and discrimination while improving workplace culture.

• The organization encourages employees to come forward and speak out against this behaviour, and its leaders and supervisors to take immediate action to stop it.

• In June 2021, the RCMP launched the Independent Centre for Harassment Resolution. The Centre is a centralized, unit responsible for matters relating to the resolution and prevention of harassment and violence occurrences within the RCMP.

• In addition to managing the resolution of complaints, the Centre is raising awareness on the importance of conflict resolution and early intervention.

• The RCMP has taken steps to make the harassment resolution processes as independent as possible with decisions being made outside of the employee’s chain of command; however, work will continue to evaluate what additional measures need to be taken to externalize the ICHR.

• The RCMP Commissioner recognizes that culture change is a long-term commitment that will require sustained effort from all levels of the organization. I am confident that, in time, the RCMP’s current and planned actions will create a healthy, inclusive and modern workplace for all employees.

By decision dated September 21, 2021, the Federal Court of Appeal narrowed the class definition for this national class action to mean: current and former members and reservists who worked for the RCMP between January 1, 1995 and a date a collective agreement becomes or became applicable. Although the allegations of harassment, bullying and intimidation are general, the pleading also refers to discrimination on the basis of gender, sexual orientation, disability, and race as a component of the general allegation of a ‘toxic workplace culture.’ The plaintiffs allege that the RCMP’s leadership was negligent in failing to provide the proposed class with a workplace free from bullying, intimidation and harassment.

They claim that RCMP leadership fostered and condoned a culture of such conduct, and seek over $1 billion in damages. The action was initially certified by the Federal Court as a class action on January 23, 2020. The class definition excludes claims covered by Merlo Davidson, Tiller, Ross Roy Satalic and AMPMQ, Dupuis, Lachance and excludes public servants with grievance rights under s. 208 of the Federal Public Sector Labour Relations Act.

On November 22, 2021, the Canada sought leave to appeal to the Supreme Court of Canada on the basis that the Federal Court of Appeal’s decision raised several issues of public importance, including in its assumption of jurisdiction on a class-wide basis without a firm evidentiary foundation, in its conclusion that it is not plain and obvious that there is no reasonable cause of action in negligence relating to workplace harassment, in its findings relating to the precedential value of positions taken by Canada when it consents to certification for purposes of settling class actions, and in its reliance on public reports that are commissioned in the public interest and without typical due process protections.

On March 17, 2022, the Supreme Court of Canada dismissed Canada’s application for leave to appeal with costs. The action will therefore remain certified as a class action in accordance with the decision of the Federal Court of Appeal. The parties will decide on a timetable for next steps, including for giving class members notice of certification and for delivery of Canada’s statement of defence.

Key elements:

• This litigation does not detract from the ongoing initiatives at the RCMP to modernize the RCMP and provide a safe and healthy workplace for RCMP members and employees. It is aligned with the Commissioner’s Vision150 and beyond, improving every step of the harassment process is a priority for the RCMP.
• Reporting workplace harassment and violence allows the RCMP to take steps to resolve the issue and implement corrective measures to prevent it from happening again. Prevention is key to ensuring that the workplace remains a safe and respectful space for everyone. The Independent Centre for Harassment Resolution (ICHR) received 373 harassment and violence notices of occurrences in the year 2021, compared to 213 in 2020, and 190 in 2019. This is an indication that employees are ready to engage in the new harassment regime.
• RCMP members have access to a generous internal sick leave and benefit policy. In particular, the RCMP administers an Occupational Health Care Benefits Program. Under this program, the RCMP provides members with benefits for work related illnesses or injuries, including mental health or psychological illness.

• Under the Government Employees Compensation Act, reservists and public service employees of the RCMP who suffer workplace injuries may seek compensation at the same rate and under the same conditions as provided under the provincial workers’ compensation board where the claimant lives. Under GECA reservists and public service employees in every province and territory may be eligible to receive compensation for occupational mental health claims. Eligibility varies by province; for example, some provincial legislation allows for claims of post-traumatic stress disorder to be presumed to be workplace related for certain occupations, and in other provinces, it is presumed for all occupations

• Under the Pension Act, regular and civilian members who suffer workplace injuries that lead to disabling conditions may be entitled to compensation of up to ~$3000.00 per month by filing a claim for benefits to Veterans Affairs Canada. Workplace injuries may include mental or psychological harm occasioned by workplace disputes including harassment and discrimination. Additional amounts may be payable to a spouse, common law partner or dependent child(ren), as well as in the form of various allowances to RCMP members

• The RCMP has also established the Troop 17 Scholarship to recognize students who have made significant efforts toward the prevention of bullying and harassment in their schools and/or communities

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