The proposed settlement is a structure to provide compensation to women who experienced gender harassment and discrimination while working with the RCMP.
For the purposes of the settlement agreement, “Harassment” means gender and sexual orientation based improper conduct in the workplace by any Regular Member, Special Constable, Cadet, Auxiliary Constable, Special Constable Member, Reserve Member, Civilian Member, Public Service Employee, Temporary Civilian Employee, working within the RCMP, male or female, that is directed at and offensive to a Primary Class
Member, including, but not limited to, at any event or any location related to Work, and that the individual engaging in such improper conduct knew or ought reasonably to have known would cause offence or harm. It comprises objectionable act(s) comment(s) or display(s) that, on the basis of gender or sexual orientation, demean, belittle, or cause personal humiliation or embarrassment, and any act of intimidation or threat. It also includes harassment within the meaning of the Canadian Human Rights Act, R.S.C. 1985, c. H-6, based on sex, sexual orientation, marital status, and family status. Harassment can be a series of incidents but can also be one severe incident which
has a lasting impact on the individual. Harassment by members of the public is not Harassment for the purposes of this Agreement. In this Agreement, Harassment refers collectively to the behaviour previously described, gender and sexual orientation based discrimination, and sexual assault, including physical assault in the course of the conduct previously described.
The settlement covers harassment that occurred during the Class Period. The Class Period is September 16, 1974 to the date of certification (June X, 2019).
Primary Class Members: current and former living Municipal Employees, Regional District Employees, employees of non-profit organizations, volunteers, Commissionaires, Supernumerary Special Constables, consultants, contractors, public service employees, students, members of integrated policing units and persons from outside agencies and police forces who are female or publicly identify as female and who were supervised or managed by the RCMP or who worked in an RCMP controlled workplace during the Class Period (defined as September 16, 1974 to **** __, 2019)
*Excluded from the class are individuals who are primary class members in Merlo and Davidson v. Her Majesty the Queen, Federal Court Action Number T-1685-16 and class members in Ross, Roy, and Satalic v. Her Majesty the Queen, Federal Court Action Number T-370-17 or Association des membres de la police montée du Québec inc., Gaétan Delisle, Dupuis, Paul, Lachance, Marc v. HMTQ, Quebec Superior Court Number 500-06-000820-163.
Claimants are responsible to provide relevant documents to demonstrate that the worked or volunteered with the RCMP. Relevant documents might include, for example, personnel file, proof of an RCMP email address, employment contract, business card indicating the workplace, or other document referencing work or volunteer activity with the RCMP.
You can file a claim on your own, or with the assistance of a lawyer. If you would like to contact us to discuss the possibility of having Klein Lawyers assist you with your claim, please complete the online contact form or contact us by e-mail for more information. You can also reach us by phone at 604-714-6159.
Yes. Klein Lawyers represents clients from all across Canada.
Yes, but you must discontinue the lawsuit to be eligible for compensation under the settlement. If you have an existing harassment lawsuit against the RCMP, and you do not discontinue that lawsuit before the opt-out deadline, you will be deemed to have opted out of the class action. The opt-out deadline has not yet been set; we will post it to the Klein Lawyers website as soon as it is known. Please talk to your lawyer if you have an existing lawsuit against the RCMP concerning gender and/or sexual orientation-based harassment and discrimination.
No one is required to submit a claim. There is nothing you have to do to signify that you are not going to submit a claim. However, if you do not want to participate in the class action because you want to file a separate harassment lawsuit against the RCMP, you must complete an opt-out form and submit it prior to the opt out deadline. The deadline will be posted to the Klein Lawyers website as soon as it is known. Lawsuits against the RCMP do not include grievance complaints or human rights complaints.
If the proposed settlement receives court approval, then Class Members who wish to participate in the settlement will submit a confidential claim form describing their experiences, along with any documentation supporting their claim to an independent court-appointed Assessor.
Yes, claims forms in both English and French will be available once the settlement is approved.
Claims must be submitted within 180 days (6 months) of the first publication of the Notice of Settlement Approval. The Notice will be published after the settlement receives court approval.
Yes. The RCMP will not receive a copy your claim. The settlement is designed to protect the claimants’ confidentiality. Only the Assessor and those who work in his office will know the details of your claim. The Assessor and his staff are not employees of the RCMP or of the Government of Canada. No information provided by a Claimant will be transmitted to the RCMP or the Government of Canada. All information provided by the Claimants to the Assessor will be destroyed six months after the last appeal deadline.
No. Claims at levels 1 and 2 will be assessed on the documentation provided. There will be interviews with the Assessor for claimants at levels 3 to 6. All interviews with the Assessor will be conducted in a confidential manner. The interviews are not open to the public. Claimants may bring a friend, family member, or treating physician to the interview for moral support.
Subject to approval by the court, the Assessor will interview claimants. The Assessor operates with complete autonomy and independence; she does not report to the RCMP or the Government of Canada. These interviews can be conducted in English or French.
The Assessor will retain the services of the professionals necessary to assist her in accomplishing his mandate. All are sworn to secrecy and held to respect the confidentiality of the files.
Compensation ranges are pre-set in the proposed compensation scheme and range from $10,000 to $220,000. There are 6 categories of compensation ranging from mild to severe based on the gravity of the acts of harassment and the damage caused. The Assessor will complete an analysis of each claim and will provisionally place each case in one of the six categories. Level 1 and 2 claims will be evaluated based on the documentary proof provided by the Claimants. Level 3 to 6 Claims will be determined based on documentary proof and an interview with the Assessor.
All cases are determined on a case by case basis. Supporting documents, such as medical records or personnel files, can be submitted with a claim however they are not necessary at this time. If a lawyer is assisting you with your claim, we suggest that you speak with your lawyer prior to ordering any documents.
Yes. Our firm has an office in Montreal and can assist claimants from across Canada who would like services in French. Please be clear about your desire to communicate in French during the intake process.
Current spouses and current or former children of Primary Claimants who are approved at levels 5 or 6 are eligible for compensation under the settlement.