UPDATE:
The deadline to file a claim under this settlement has passed. The deadline was January 12, 2021. The deadline to file an extension under Deemed Exceptional Circumstances has also passed. The deadline for the extension was April 22, 2021. This settlement is now closed to further claims.
What documents do I need? Should I order my RCMP file?
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.
How much time do I have to submit my claim?
Claims must be submitted within 180 days (6 months) of the first publication of the Notice of Settlement Approval. The settlement received court approval and Notice has been published. The deadline date is January 12, 2021.
Will my confidentiality be protected?
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 her office will know the details of your claim. The Assessor and her 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.
Will I have to testify in public?
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.
Who will conduct the claim interviews?
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.
Is there anyone that can assist me in French?
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.
Will my family be able to claim?
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.
How will the compensation amounts be decided?
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.
What conduct is covered?
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.
What time period applies?
The settlement covers harassment that occurred during the Class Period. The Class Period is September 16, 1974 to the date of certification (July 5, 2019).
Who can apply for compensation?
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 July 5, 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.
I am retired. Can I apply for compensation?
Yes.
Do I need a lawyer?
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.
Can I hire Klein Lawyers if I live in another province?
Yes. Klein Lawyers represents clients from all across Canada.
I already started a harassment lawsuit against the RCMP. Can I apply for compensation under the proposed settlement?
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.
What if I don’t want to participate in the proposed settlement?
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 have completed an opt-out form and submitted it prior to the opt out deadline, which was September 13, 2019. Lawsuits against the RCMP do not include grievance complaints or human rights complaints.
How can I prove class membership?
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.
How do I make a claim?
Class Members who wish to participate in the settlement can submit a confidential claim form describing their experiences, along with any documentation supporting their claim to the independent court-appointed Assessor on or before January 12, 2021.
Are the claims forms available in French?
Yes, claims forms are available in both English and French.
What is the proposed settlement about?
The proposed settlement is a structure to provide compensation to women who experienced gender harassment and discrimination while working with the RCMP.
SETTLEMENT AGREEMENT
SCHEDULE A – NOTICE PLAN
- Appendix 1 – Notice of Certification and Settlement Approval Hearing
- Appendix 2 – Notice of Settlement
SCHEDULE B – CLAIM PROCESS
- Appendix 1 – Claim Form
- Appendix 2 – Request for Deadline Extension
- Appendix 3 – Class Member List
- Appendix 4 – Identification of Previous Claims
- Appendix 5 – Compensation Levels
- Appendix 6 – Compensation Amounts
- Appendix 7 – Request for Reconsideration of a Level 2 Claim
- Appendix 8 – Certification of No Prior Compensation Form
- Appendix 9 – Travel Claim Form
- Appendix 10 – Release of Documents and Information held by the RCMP
SCHEDULE C – SECONDARY CLASS MEMBER CLAIMS
- Appendix 1 – Secondary Class Member Claim Form
SCHEDULE D – RCMP DESIGNATED CONTACT AND CLAIMS SUPPORT PROCESS
SCHEDULE E – NO RETALIATION DIRECTIVE
SCHEDULE F – OPT OUT FORM
SUPPLEMENTAL AGREEMENT DATED OCTOBER 1, 2019
ANNEXE A – Plan de préavis
Annexe 1 – Avis d’audience de certification et de règlement
Annexe 2 – Avis de règlement
ANNEXE B – CLAIM PROCESS
Annexe 2 – Formulaire de demande de prolongation de délai
Annexe 3 – Liste des membres du groupe
Annexe 4 – Identification des revendications précédentes
Annexe 5 – Niveaux de compensation
Annexe 6 – Montants de compensation
Annexe 7 – Demande de réexamen d’un formulaire de réclamation de niveau 2
Annexe 8 – Formulaire d’attestation d’absence de compensation
Annexe 9 – Formulaire de réclamation de voyage
Annexe 10 – Publication de documents et de renseignements détenus par la GRC
ANNEXE C – Réclamations de membres de classe secondaire
Annexe 1 – Formulaire de réclamation d’un membre du groupe secondaire
ANNEXE D – Processus de soutien des demandes et des contacts désignés de la GRC
ANNEXE E – Directive concernant l’absence de représailles
ANNEXE F – Formulaire d’exclusion
“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”
“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”
“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”
“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution...”
“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”
“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”
“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”
“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”
“The proposed Class Counsel have excellent qualifications…”
“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions...”
“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”
“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services.”
“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”
“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”
“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”
“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”
