Class Action Lawsuit Against the RCMP

Ex-Mountie’s lawsuit accuses RCMP of bullying, sexual discrimination

By: Terri Theodore

VANCOUVER— The Canadian Press Published Tuesday, Mar. 27, 2012 9:02PM EDT

A former Mountie has launched a class-action lawsuit against the RCMP, hoping to purge the “toxic” attitude against women within the male-dominated force, her lawyer says.

David Klein says more than 100 current and former female members from across Canada are preparing to stand behind the lawsuit alleging widespread sexual harassment.

The suit was filed Tuesday in B.C. Supreme Court on behalf of Janet Merlo and alleges she was subjected to persistent and ongoing gender-based discrimination by male members.

The 19-year-veteran spent most of her career at the Nanaimo detachment on the east coast of Vancouver Island and said the harassment started in 1992, just months into her job.

The lawsuit alleges she endured a series of sexist comments, sexual pranks, derogatory remarks and double standards.

In one instance, the court documents say she told her supervisor she was pregnant and he yelled at her.

“You had better get your priorities straight. You are either going to have a career in the RCMP, or you are going to pop out kids your whole life,” the unnamed officer said. “I have a suggestion for you; next time, keep your [expletive] legs closed.”

RCMP media spokesman Sergeant Greg Cox wouldn't comment on the lawsuit, saying that because the case is before the court, a statement would be inappropriate.

The allegations in the court documents have not been proven in court.

Mr. Klein said the legal team has heard the same kinds of stories from women across the country.

“We've been contacted by dozens of women who are currently in the force and don't want to be part of the class action but have provided us with encouragement to assist us with the case,” he said in an interview.

He said another 150 current and former members have expressed interest in participating in the case.

“They want change. They want to change this organization from one that is toxic to women to one that is accepting of them.”

Mr. Klein said the organization has been dominated by men for over 100 years and while these women know it takes time to change a culture, that time has long past.

“Part of the problem is that the complaints women made were not taken seriously by the force. They need a new structure and it's something that has to occur top down.”

These women are hoping the lawsuit will spur a process that creates transparency and accountability within the force, he said.

Ms. Merlo said in a statement from her lawyer that it's too late for change for her.

“But I hope that this lawsuit will bring about some positive change for women who are still with the RCMP and women who join the force.”

Last year, RCMP Commissioner Bob Paulson vowed to address complaints of sexual harassment in the workplace when the allegations first came to light.

He agreed that all Canadians were concerned about the allegations.

Just before Mr. Paulson spoke out, former high-profile RCMP media relations officer Catherine Galliford came forward in November to say she was repeatedly sexually harassed by male officers.

A class-action lawsuit must first be certified before it's allowed to proceed. A judge must determine there is common ground between the complainants.

Mr. Klein said that process could take up to two years.

He expects dozens of women to join the legal action in that time. For now, Ms. Merlo is the representative plaintiff in the action.

The statement of claim says those involved knew or ought to have known that their conduct was the kind that would terrify a normal person, causing harm and humiliation.

The lawsuit outlines a long list of damages or injury including post-traumatic stress disorder, diminished self worth, attempted suicide, anxiety, feelings of guilt, insomnia and failed relationships.

“These injuries have caused and continue to cause the plaintiff and class members pain, suffering loss of enjoyment of life, permanent disability, loss of physical, mental and emotional health and loss of earnings, past and prospective,” said the statement of claim.

The lawsuit doesn't specify damages, but asks for exemplary and punitive damages and recovery of health-care costs.

Reflections: 

There has been a class action lawsuit filed against the RCMP by over 100 women that are currently working or have previously worked for them. The lawsuit claims that they suffered mistreatment, discrimination and long term psychological damage caused by harassment from their male colleagues and a work culture that was “toxic”.

This is a risk for the RCMP and could become a crisis if the plaintiffs win their lawsuit. This is at the risk stage because it is not affecting their business continuity at this time. The RCMP is continuing to function on a day-to-day basis with its regular responsibilities.

However, the RCMP is not handling this situation very well as the article states that their media spokesperson refused to comment on the lawsuit because he felt that it would be inappropriate to comment on it while it is in the Supreme Court. The story also talks about previous complaints of sexual harassment that female employees of the RCMP had made to the organization which were not followed up on. This alludes to the fact that the RCMP was already aware of the issues and could have prevented this crisis from happening had they taken effective steps to change the culture before it came to a lawsuit. When the former “high-profile RCMP media relations officer Catherine Galliford came forward in November to say she was repeatedly sexually harassed by male officers”, the organization should have created a crisis management team and discussed this scenario and their action plan as there were clear signs that this may occur in the future. The RCMP should have also consulted their stakeholders, their employees, especially their female employees in order to resolve these issues and create cultural change within the organization. The article states that the class action lawsuit has asked for exemplary and punitive damages and states that the main goal of the plaintiffs is to help change the culture of the organization for the current and future female employees.

Therefore, the RCMP is not handling this situation well as they had many warnings that a situation like this could occur and were well aware of complaints from female employees of sexual harassment but did not take any action to address the issue and now it has become a risk and possible crisis for them.

Even though it seems like the RCMP was not prepared for this crisis they should at least take control of the situation now by developing crisis communications and identifying a spokesperson that will not be seen as someone that perpetuates the “egotistical RCMP officer” stereotype that is being perpetuated by this crisis.

Personally, I was surprised when I read this story. I did not think that this type of discrimination could occur in a developed and democratic country such as Canada. Considering that we are well into the 21^st century now, I think discrimination and sexual harassment should be brought to the public’s attention and there should be a clear no-tolerance attitude adopted by the Canadian government and the public. I feel this case is the perfect opportunity to set a precedent of the Supreme Court’s justice for all, which includes women. Of course, I still think that the notion of innocent until proven guilty is valid and I only hope that justice prevails and if the RCMP does have this toxic culture that harms women then something should be done to eradicate it.

I would tell the RCMP to be transparent and accountable during this crisis to gain the trust of the public. If they know that these allegations are true, then they should admit it to the public and also tell them what they are doing to change this work culture to give women a safe work environment. The plaintiffs in the lawsuit should ensure that they are being honest about what occurred, whether they feel it will weaken or strengthen their case. If what they allege has occurred, honesty will get them more support from the public and hopefully a judgement in their favour from the Supreme Court.