Settled Case

November 19, 2020 – Final Report on the Implementation of the Merlo Davidson Settlement Agreement (English)

November 19, 2020 – Final Report on the Implementation of the Merlo Davidson Settlement Agreement (French)

May 30, 2017Federal Court Settlement Approval – Order and Reasons

February 7, 2018 – Court Order Extending Time to File Completed Claims to May 22, 2018

A settlement has been reached in the RCMP Gender-Based Harassment and Discrimination Class Action.  The settlement agreement and schedules are set out below.  The settlement was approved by Madam Justice McDonald on May 30, 2017.

Justice McDonald has issued an Order extending the date by which Primary Class Members may file completed claims to May 22, 2018.  This order only applies to Primary Class Members who have opened an online file with the Office of the Assessor or have informed Class Counsel in writing (e.g. a signed retainer agreement or sent a letter or an email) on or before February 8, 2018 that they intend to file a claim under the RCMP Class Action Settlement.

David Klein and Representative Plaintiff, Janet Merlo, at the Ottawa news conference to announce the historic RCMP Class Action Settlement
“Janet Merlo and I at the Ottawa news conference announcing a settlement of the RCMP gender harassment class action. This historic settlement included an apology by the RCMP Commissioner (to my right), a host of change initiatives aimed at eliminating gender harassment and discrimination in the RCMP, and a compensation package with a total estimated value of over $100 million for women who suffered harassment or discrimination while working for the RCMP. It was a good day for current, former and future women in the RCMP. It was a good day for Canada.” – David Klein

Who is eligible to participate in the proposed settlement?

If you are a female, or identify as a female, and were or are an RCMP Member (includes Regular Members, Special Constables, Cadets, Auxiliary Constables, Special Constable Members, and Reserve Members), Civilian Member or Public Service Employee (includes Temporary Civilian Employees) working within the RCMP, you may be eligible to participate in this settlement.

What conduct is covered?

To be eligible for compensation, you must have been subjected to gender or sexual orientation based harassment while working for the RCMP during the Class Period. “Harassment” means improper conduct by any Regular Member, Special Constable, Cadet, Auxiliary Constable, Special Constable Member, Reserve Member, Civilian Member, Public Service Employee or Temporary Civilian Employee (collectively referred to as “member(s)”), male or female, that is directed at and offensive to another member in the workplace, including, but not limited to, at any event or any location related to work, and that the member knew or ought reasonably to have known would cause offence or harm. It comprises objectionable act(s) comment(s) or display(s) that 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, RSC 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 the settlement agreement. In the settlement agreement, “Harassment” refers collectively to gender and sexual orientation based harassment, gender and sexual orientation based discrimination, and sexual assault, including physical assault in the course of conduct constituting harassment.

What time period applies?

The settlement covers harassment that occurred during the Class Period.  The Class Period is September 16, 1974 to the date the proposed settlement receives court approval.

How much time do I have to submit my claim?

Claims must be submitted within 180 days of the first publication of the Notice of Settlement Approval.  The Notice will be published after the settlement receives court approval.

Settlement Documents (English)

Settlement Documents (French)