RCMP Bullying, Intimidation and Harassment Class Action - Notice of Certification

News release

If you worked for the Royal Canadian Mounted Police (RCMP), this notice may affect your rights. Please read carefully.

The nature of this class action

This class action seeks damages and other relief as a result of the alleged failure by the RCMP to take reasonable measures in the operation or management of the Force to provide the Class (as defined below) with a work environment free from bullying, intimidation and harassment. The plaintiffs claim that the defendant, His Majesty the King, is vicariously liable.

The scope of this claim includes the RCMP's alleged failure to provide a workplace free from sexual harassment of individuals of any gender, as well as general harassment, and harassment based on any grounds (including racial, ethnic, and religious) except for gender-based harassment and discrimination matters covered under Merlo Davidson, Federal Court Action No. T-1685-16 and Ross, Federal Court Action No. T-370-17. It also excludes claims covered under Gaétan Delisle et al. c. Sa Majesté Le Roi, Québec Superior Court No. 500-06-000820-163.

Certification

By Order dated September 20, 2022, the Federal Court certified this action as a class action and appointed Geoffrey Greenwood of Red Deer, Alberta and Todd Gray of Airdrie, Alberta as the representative plaintiffs. The Court also appointed Kim Spencer McPhee Barristers P.C. as Class Counsel.

The allegations made by the plaintiffs have not been proven in Court. The Court has made no determination of the merits of the plaintiffs' claims. The defendant denies the allegations made by the representative plaintiffs, which remain to be determined at a future trial. This notice is being provided because you may be a member of the Class whose rights may be affected by the lawsuit.

The Class

The class action was certified on behalf of the following individuals:

  1. All current or former RCMP Members (such as Regular, Civilian, and Special Constable Members) and Reservists who worked for the RCMP between January 1, 1995 and the date a collective agreement becomes or became applicable to a bargaining unit to which they belong.

Participation and exclusion from the Class

If you are a Class Member as defined above, you will automatically be included in this class action and are not required to take any further steps at this stage.

If you have an ongoing lawsuit with respect to bullying, intimidation or harassment in the RCMP, and you wish to participate in this class action, you must discontinue your lawsuit before 5 pm EST on November 23, 2022. If you do not, you will be deemed by section 334.21(2) of the Federal Court Rules, SOR/98-106 to have opted out of this class action. Please contact your lawyer to discuss your options.

If you wish to exclude yourself from the class action ("opt out") you must deliver a written notice specifying your desire to opt out of the class action (Opt-Out Form) to the Notice Administrator by mail or by email to:

Notice of your decision to opt out must be received by the Notice Administrator above by no later than 5 pm EST on November 23, 2022. No person may opt out a mentally incapable person without permission of the Court, after notice to the Public Guardian and Trustee, as applicable to Class Members resident in Ontario, and to comparable or equivalent entities in the other provinces and territories, as applicable to Class Members resident in other provinces and territories.

Any judgment obtained on the common issues in this action, whether favourable or not, will bind all of the class members who do not opt out of this proceeding.

Financial consequences

There is no cost to be a Class Member with respect to the common issues. If the common issues are determined in favour of the Class, individual Class Member participation may be required in order to establish individual claims. If this is necessary, each member of the Class may have to bear costs of such individual proceedings. Class Members will have the opportunity at that time to decide whether to make an individual claim.

Counsel has entered into an agreement with the representative plaintiffs with respect to legal fees and disbursements. This agreement provides that counsel will not receive payment for their work unless and until the class action is successful or monies are recovered from the defendants. The agreement presently provides that Class Counsel will seek up to one third of any damages that may be awarded. This agreement must be approved by the Court and the percentage awarded could be adjusted at that time.

Contacts

For more information, please contact class counsel:

Kim Spencer McPhee Barristers P.C.
1200 Bay Street, Suite 1203
Toronto, ON M5R 2A5
Phone: 416-596-1414
Email: greenwoodrcmpclassaction@complexlaw.ca
Website: Kim Spencer McPhee P.C. - RCMP General Harassment Class Action

Information can also be obtained from the website: RCMP Bullying, Intimidation and Harassment Class Action

Any questions about the matters in this Notice should not be directed to the Court, because its administrative structure is not designed to address this type of inquiry.

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