Court set to OK deal in harassment class action by female RCMP employees

By Colin Perkel, The Canadian Press

TORONTO – Approval of a settlement in a class action by sexually harassed Mounties is expected Wednesday, paving the way for tens of millions of dollars to start flowing to the women.

During the hearing, lawyers for the plaintiffs will take Federal Court Judge Ann Marie McDonald through details of the settlement, which she certified as a class action in January.

“This is the big step,” Megan McPhee, one of the plaintiffs’ lawyers, said in an interview Tuesday. “This is the step to implement the settlement.”

McPhee said it’s important the judge understand what’s been agreed to, and the benefits of the deal for the women — all current and former female RCMP employees going back to 1974.

One key part of the agreement is that women can make a claim for compensation without the RCMP knowing who they are. The confidentiality provision is unusual, McPhee said.

“Unlike a normal case where a defendant defends against an individual claim, in this case under the proposed settlement, the RCMP doesn’t have a right of response and in fact doesn’t find out who a claimant is,” McPhee said. “It means that class members who are still serving can make a claim and not fear reprisals.”

A year ago, the two sides reached a tentative deal to compensate the women, with details announced in October, when RCMP Commissioner Bob Paulson apologized for having failed the victims. The federal government also said it was setting aside at least $100 million to settle the claims.

While the Mounties have estimated that as many as 20,000 women could be affected, it now appears that far fewer — but still potentially several thousand — will actually come forward and make a claim. Just shy of 1,600 women have opted out — meaning they will make no claim under the settlement.

The settlement creates six categories of claimants. Those who suffered the most egregious abuse would be eligible for up to $220,000. In some cases, family members of the RCMP employees would also be eligible for cash.

Once final approval is given, the women will have six months to make a claim that will be subject to a detailed process overseen by former Supreme Court of Canada justice Michel Bastarache. His task will be to assess individual claims and obtain needed records.

In January, McDonald certified the class action, saying she was satisfied the women had shown reasonable grounds to press their lawsuit. She also accepted former RCMP officers Janet Merlo and Linda Davidson, both of whom suffered gender-based discrimination and harassment, as appropriate representative plaintiffs.

McDonald also ordered the RCMP to go through its records and come up with contact information for the women. Notice of the settlement was mailed to them and published in the media.

McPhee said feedback has been “largely very positive.”

Merlo, now of St. John’s, N.L., was an RCMP constable from 1991 to 2010. She suffered depression, panic attacks and other health effects due to her mistreatment, court has heard. She began her claim in British Columbia in 2012.

Davidson, now of Bracebridge, Ont., filed her suit in 2015 in Ontario. Starting with the RCMP in 1985, she is one of the few females to reach a commissioned officer’s rank. She was an inspector when she took medical leave in 2009, suffering from anxiety, depression and other health issues, and retired in 2012.

The government did not oppose certification of the action but otherwise made no admissions.

In addition to providing compensation, the RCMP has also agreed to address systemic issues of gender-based harassment and discrimination.

Note to readers: This is a corrected story. A previous version incorrectly stated the settlement was tentatively approved in January.

Top Stories

Top Stories

Most Watched Today