District education council argues it needs to sue province to meet its mandate
Anglophone East says province's gender-identity policy violates freedom of expression of students, staff
The Anglophone East District Education Council says it has a right to sue the province over its gender identity policy because its job is to protect students and their rights.
But the province says allowing the council standing to sue would be an abuse of process and an unnecessary multiplicity of proceedings.
The council has filed a challenge to the section of Policy 713 that says teachers and staff need parental consent before using the chosen names and pronouns of kids under 16. The council alleges the policy violates the rights of 2SLGBTQ+ students under the Charter of Rights and Freedoms and if the minister forces them to apply it, then they would be complicit in the alleged harm.
But before any constitutional arguments can be heard, the council has to prove that it has legal standing to bring the suit forward.
Lawyers made arguments on the issue Tuesday and Wednesday. At the end of the hearings Wednesday afternoon, Justice Tracey DeWare said she will try to make a decision before the case is back in court in late July.
Education Minister Bill Hogan has previously said he believes the government is 'on the right side of this question.' (Ed Hunter/CBC)
At Court of King's Bench in Moncton, the province's lawyer, Clarence Bennett, said the district education council is a form of local government, so it does not have direct Charter rights that can be contravened. He said the council also does not directly represent 2SLGBTQ+ people in any "meaningful" way, since only two per cent of the people it represents identify as a member of the community.
But lawyers for the education council say its mandate is to ensure the success and the safety of the students in the district and to defend their rights, and Policy 713 stops them from being able to do so. Council lawyer Perri Ravon said Policy 713 would also "force the DEC to violate the rights of the students."
"[This] makes their proximity that much greater, makes their standing … that much stronger," she said Tuesday.
Ravon said forcing staff to use a child's birth name without their consent, or using a pronoun they don't identify with, will cause harm.
The education council also wants to add Dominic Vautour to the list of plaintiffs, to represent parents who volunteer in school and are ruled by Policy 713. The province is challenging this, alleging there's a conflict of interest since Vautour is also a member of the education council.
The Canadian Civil Liberties Association has filed a similar lawsuit in Fredericton and plans to argue on behalf of students whose rights are affected by the policy. Bennett said allowing the council to go ahead would mean two cases are dealing with the same issue, wasting resources.
Ravon said the civil liberties association case is different. She said the council is making arguments based on Section 16 of the Charter, which guarantees that French and English linguistic communities have separate educational institutions.
Ravon also said the Fredericton case does not include the rights of volunteers or non-unionized staff, whose freedom of expression is also affected.
'Untenable legal situation'
Ravon said if the education council follows the policy, then it could be legally liable for infringing on the rights of the students in question. She said this puts the council in an "untenable legal situation."
The province's written submissions said because the education council is an agent of government, funded by the government, granting it standing to sue that same government would be a "perversion of ... the rule of law."
Ravon said that would be "news to the Supreme Court of Canada and the school boards across Canada," that have successfully sued in the past.
If Justice Tracey DeWare sides with the province, that will be the end of the education council's case.
ABOUT THE AUTHOR
---------- Original message ---------
From: David Amos<david.raymond.amos333@gmail.
Date: Wed, May 22, 2024 at 4:36 AM
Subject: Fwd: Fw: Re RCMP class action lawsuits about the cops harassing each other Perhaps I should Intervene EH Bill Pentney?
To: <mpower@powerlaw.ca>, blaine.higgs <blaine.higgs@gnb.ca>, hugh.flemming <hugh.flemming@gnb.ca>
From: David Amos<david.raymond.amos333@gmail.
Date: Wed, May 22, 2024 at 4:36 AM
Subject: Fwd: Fw: Re RCMP class action lawsuits about the cops harassing each other Perhaps I should Intervene EH Bill Pentney?
To: <mpower@powerlaw.ca>, blaine.higgs <blaine.higgs@gnb.ca>, hugh.flemming <hugh.flemming@gnb.ca>
Mark C. Power
Called to the bar: 2003 (ON); 2009 (NB); 2010 (BC)
Partner
Ste. 1103
130 Albert St.
Ottawa, OntarioK1P 5G4
Phone: 613-702-5562
Fax: 613-702-5562
Email: mpower@powerlaw.ca
----- Forwarded Message -----
From: David Amos <motomaniac333@gmail.com>
To: David Amos <david.raymond.amos@gmail.com>
Cc: Dale.Morgan <dale.morgan@rcmp-grc.gc.ca>; Gilles.Blinn <gilles.blinn@rcmp-grc.gc.ca>; Gilles.Moreau <gilles.moreau@forces.gc.ca>; oldmaison <oldmaison@yahoo.com>; andre <andre@jafaust.com>; brian.gallant <brian.gallant@gnb.ca>; briangallant10 <briangallant10@gmail.com>
Sent: Tuesday, February 21, 2017 at 03:35:47 PM AST
Subject: Fwd: Re RCMP class action lawsuits about the cops harassing each other Perhaps I should Intervene EH Bill Pentney?
---------- Original message ----------
From: Ministerial Correspondence Unit - Justice Canada <mcu@justice.gc.ca>
Date: Tue, 21 Feb 2017 19:30:51 +0000
Subject: Automatic reply: Re RCMP class action lawsuits about the cops
harassing each other Perhaps I should Intervene EH Bill Pentney?
To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Honourable Jody Wilson-Raybould, Minister
of Justice and Attorney General of Canada.
Due to the significant increase in the volume of correspondence
addressed to the Minister, please note that there may be a delay in
processing your email. Rest assured that your message will be
carefully reviewed.
-------------------
Merci d'avoir écrit à l'honourable Jody Wilson-Raybould, ministre de
la justice et procureur général du Canada.
En raison d'une augmentation importante du volume de la correspondance
adressée à la ministre, veuillez prendre note qu'il pourrait y avoir
un retard dans le traitement de votre courriel. Nous tenons à vous
assurer que votre message sera lu avec soin.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 21 Feb 2017 15:30:48 -0400
Subject: Re RCMP class action lawsuits about the cops harassing each
other Perhaps I should Intervene EH Bill Pentney?
To: wjk@kimorr.ca, cetter@powerlaw.ca, gina.scarcella@justice.gc.ca,
Victoria.Yankou@justice.gc.ca, susanne.pereira@justice.gc.ca,
"bill.pentney"<bill.pentney@justice.gc.ca>, mcu <mcu@justice.gc.ca>,
abespflug@callkleinlawyers.com
Cc: David Amos <david.raymond.amos@gmail.com>
http://www.kimorr.ca/pdf/
Won J. Kim
Kim Orr Barristers P.C.
4th Flr. 19 Mercer St.
Toronto, Ontario M5V 1H2
Phone: 416-349-6570
Fax: 416-598-0601
Email: wjk@kimorr.ca
Gina M. Scarcella Senior Counsel
Justice Canada
Public Safety & Defence Div., PO Box 36
3400-130 King St. W.
Toronto, Ontario M5X 1K6
Phone: 416-954-8111
Fax: 416-973-5004
Email: gina.scarcella@justice.gc.ca
Victoria C. Yankou
Phone: 416-952-7105
Susanne G. Pereira
Senior Counsel
Called to the bar: 1999 (ON); 2005 (BC)
Justice Canada
Public Safety, Defence & Immigration
900-840 Howe St.
Vancouver, British Columbia V6Z 2S9
Phone: 604-666-7710
Fax: 604-666-4399
Email: susanne.pereira@justice.gc.ca
http://laws-lois.justice.gc.
Intervention
Marginal note:Leave to intervene
109 (1) The Court may, on motion, grant leave to any person to
intervene in a proceeding.
Marginal note:Contents of notice of motion
(2) Notice of a motion under subsection (1) shall
(a) set out the full name and address of the proposed
intervener and of any solicitor acting for the proposed intervener;
and
(b) describe how the proposed intervener wishes to participate
in the proceeding and how that participation will assist the
determination of a factual or legal issue related to the proceeding.
Marginal note:Directions
(3) In granting a motion under subsection (1), the Court shall
give directions regarding
(a) the service of documents; and
(b) the role of the intervener, including costs, rights of
appeal and any other matters relating to the procedure to be followed
by the intervener.
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 21 Feb 2017 13:39:17 -0400
Subject: Re RCMP class action lawsuits about the cops harassing each other
To: mbm@kimorr.ca
Cc: David Amos <david.raymond.amos@gmail.com>
http://www.kimorr.ca/index.
RCMP Class Action
January 17, 2017
On January 13, Justice McDonald of the Federal Court released reasons
certifying the action for settlement purposes. A copy of those reasons
can be read here. The Federal Court has scheduled the hearing of the
settlement approval motion for May 24, 2017 at 9:30 in Toronto. The
Notice of Certification and Settlement approval hearing is here. The
Notice in French is here. The opt out form is here.
On October 6, 2016, an historic settlement was reached in the systemic
harassment class actions brought against the Royal Canadian Mounted
Police by female RCMP employees. Under the proposed national
settlement, every single living current and former female regular
member, civilian member, and public service employee of the RCMP who
worked within the RCMP since 1974, and who experienced gender and/or
sexual orientation-based harassment and discrimination, will be
eligible to claim compensation, without fear of disclosing her
identity to the RCMP or of reprisals. The settlement is not effective
until approved by the Federal Court. Here is our press release from
today regarding this historic Settlement. To view the Federal Court
claim, click here.
To read more about this proposed Settlement, please go to
rcmpclassactionsettlement.ca.
On December 22, 2015, Justice Perell released reasons dismissing the
Crown’s motion to strike the statement of claim and confirming that
the pleading meets the s. 5(1)(a) cause of action criterion for
certification. To read a copy of the decision, please click here. The
balance of the certification motion, which was scheduled to be heard
May 26-27, 2016, has been adjourned.
Kim Orr Barristers is prosecuting a class action against the Attorney
General of Canada involving allegations of gender- and
sexual-orientation-based discrimination, bullying and harassment of
female Royal Canadian Mounted Police (the "RCMP") employees. The
action has been commenced in Ontario on behalf of all current or
former female regular members, civilian members and public service
employees of the RCMP in Canada, excluding persons resident in Quebec.
The claim alleges that men and women were, and are, treated
differently within the RCMP, and that female RCMP employees have been
subject to systemic discrimination, bullying and harassment on the
basis of their gender and/or sexual orientation. It also alleges that
the RCMP has failed to investigate, adjudicate and resolve conduct and
complaints about these issues, despite repeated reports over the years
about the problems within the organization.
The plaintiff is a former senior-level RCMP member who alleges that
she suffered discrimination, bullying and harassment throughout her
26-year RCMP career. The plaintiff alleges that as a result of this
treatment, she, as well as the other class members, suffered serious
injuries physical and emotional injuries, including post-traumatic
stress disorder, diminished self-worth, depression, and anxiety. The
claim also alleges that as a result of these systemic issues, female
RCMP employees have been denied training and promotions, and have even
taken early retirement or have left the organization.
The action seeks general, punitive and special damages for the
defendant's alleged failure to fulfill its statutory, common law and
contractual duties to provide female RCMP employees with a work
environment free of gender- and sexual-orientation-based
discrimination, bullying and harassment. The action also seeks damages
on behalf of family members of female RCMP employees who are entitled
to assert a claim under provincial legislation.
For more information on this case, please contact Megan B. McPhee at
mbm@kimorr.ca.
© 2017, Kim Orr Barristers P.C.
Suite 400, 19 Mercer Street Toronto, Ontario M5V 1H2 T 416.596.1414 F
416.598.0601
info@kimorr.ca Copyright Information & Disclaimer Privacy Policy
http://www.cbc.ca/news/
RCMP to face new class-action harassment lawsuit, this time on behalf
of male employees
Current and former members allege they were physically intimidated,
denied promotions, belittled and bullied
By Alison Crawford, CBC News Posted: Oct 25, 2016 8:35 PM ET
The RCMP will soon face another class-action harassment lawsuit — this
time on behalf of male Mounties and civilian employees of the force.
Earlier this month, the federal government and the RCMP set aside $100
million to settle an estimated 1,000 cases of female employees being
harassed and bullied at work.
CBC News has learned that one of the law firms that represented those
women is preparing to bring another suit for men — which could
potentially be much bigger given that men make up roughly 80 per cent
of the RCMP's workforce.
Mounties offer apology and $100M compensation for harassment,
abuse against female members
'This is a way for everybody to heal': ex-Mountie on RCMP compensation
External body needed to probe workplace complaints, senior Mountie says
"We've spoken with hundreds of members, and we're contacted by new
members every day," said lawyer Megan McPhee of Kim Orr Barristers in
Toronto, who has been working on the case for years. "The stories are
very consistent. We're told that there is a culture of bullying and
harassment within the force, and one of the regular issues that we
hear is a fear of speaking out, a fear of reprisals."
Cpl. Michael Mansoor, who's due to be medically discharged in January,
says he was diagnosed with PTSD after what he alleges was years of
harassment at the hands of his colleagues and superiors.
He says it started in 2001, when he was posted to his hometown of
Richmond, B.C., where his brother was in conflict with the law. It
wasn't long before Mansoor said he found his duties restricted.
"I was banned from any work section in the detachment except for
general duty and traffic because they acknowledged that there might be
a conflict," said Mansoor.
Wrongly accused of sexual assault
Despite pleas for a transfer, he says his superiors stuck to the local
convention that a member must serve five years in the detachment
before being moved.
Documents obtained under the Access to Information Act suggest
officers were suspicious of his family ties. Eventually, Mansoor found
himself suspended with pay and under investigation for what he alleges
are two trumped-up internal disciplinary charges.
Furthermore, due to a clerical error, Mansoor was also initially
accused of sexual assault.
"There was a minor glitch with [Mansoor's] security suspension
document service this morning," reads an internal email about
Mansoor's disciplinary charges. "There is a reference to a 'sexual
assault'.... It was our conclusion that HQ Ottawa had screwed up the
paperwork. Seems likely that they took a previous form letter,
re-tooled it for [Mansoor's] case and did not remove a phrase that did
not apply in this case."
As for the two other allegations, they later proved unfounded.
Whisper campaign
Over time, Mansoor says the ongoing whisper campaign and harassment
made him ill.
"There comes actually a point where you start to look at yourself and
go, 'Am I bringing this on myself? Because surely it's not this
widespread in an organization,'" Mansoor said.
Retired sergeant Hugo Desrochers says he knows exactly how that feels.
Retired Sgt. Hugo Desrochers
Retired sergeant Hugo Desrochers alleges that during his employment
with the RCMP he was stripped of responsibility, belittled in front of
colleagues and denied opportunities to develop his career. (Provided
by Desrochers)
He left the force last year after 26 years in a job he says, for the
most part, he loved. He was making his way up the ranks and working
towards another promotion, he says, but that came to a halt near the
end of his career when management changed at the RCMP detachment in
Cornwall, Ont.
"[I] started covering my back. Started taking notes to make sure I was
not going to be hung out to dry," Desrochers said.
Years of meticulous notes document allegations of being micromanaged,
stripped of his responsibilities, belittled in front of colleagues for
taking initiative and denied opportunities to further develop his
career.
The worst incident, according to Desrochers, was when the inspector
refused to sign off on his application to serve in Kosovo due to
shortcomings with his performance. Yet Desrochers says all his boss
managed to come up with, after repeated requests for specifics, was a
late overtime claim.
Retired Sgt. Hugo Desrochers
Desrochers, right, seen here on a marijuana bust in British Columbia
early in his career. (Provided by Desrochers)
"It takes a toll on you because you start questioning yourself...and
then you're not good," an emotional Desrochers told CBC News.
Desrochers welcomes the lawsuit.
"If nobody comes forward to say there's a problem, how are they going
to know there's a problem. Is it just me sitting here? No."
Belittled, physically intimidated
It's not just men in uniform who allege they've been harassed.
Garth Caron worked as a public servant from 2005 to 2015, doing
administrative work in detachments in Saskatchewan and Alberta. Caron
says his first experience with harassment was when a few Mounties took
issue with him being gay and subjected him to a number of pranks.
"I came in one morning to my workstation and I noticed a number of
female items on my desk — boxes of tampons and things like that — and
it kind of struck me as odd as to why they would have been left
there," he said.
At another detachment, Caron said a sergeant questioned his Métis
status, belittled him in front of colleagues and tried to physically
intimidate him. The union got involved and Caron says he agreed, while
under a great deal of duress, to retire before he was ready to leave
the workforce.
It's no secret the RCMP has a bullying problem. Commissioner Bob
Paulson has said so himself. In a 2012 interview with CBC News,
Paulson conceded that he too had been harassed at work.
"I think in the day, if you weren't sort of in line with your
officer's expectations or consistent with his or her vision of where
the organization was going, then you were pushed aside," he said. "And
it's a very uncomfortable feeling and a very destructive feeling, and
it doesn't speak to a transparent, ethical, organization."
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Wed, 15 Feb 2017 08:00:47 -0400
Subject: Re Federal Court File No. T-1557-15 and the QMPMA application
for a class action lawsuit against the RCMP byway of the CROWN
To: assoc.mpmq@gmail.com, fsimedia@videotron.ca,
charles.mancer@rcmp-grc.gc.ca, james@dugganavocats.ca,
Serge.Bilodeau@rcmp-grc.gc.ca
Cc: David Amos <david.raymond.amos@gmail.com>
<Mark.Blakely@rcmp-grc.gc.ca>, "Gilles.Blinn"
<Gilles.Blinn@rcmp-grc.gc.ca>, "dale.drummond"
<dale.drummond@rcmp-grc.gc.ca>
<bernadine.chapman@rcmp-grc.
<Paulette.Delaney-Smith@rcmp-
<Dale.Morgan@rcmp-grc.gc.ca>
Perhaps we should talk ASAP?
Veritas Vincit
David Raymond Amos
902 800 0369
https://ampmq.ca/class-action-
https://mancer.
The Application for certification of a class action on behalf of all
members of the RCMP (past and present) arose from the many members
coming forward with their long-standing stories of harassment, abuse
and discrimination experienced while working in the RCMP. These are
stories that span many decades and point to a culture of bullying,
harassment and discrimination in the RCMP.
https://mancer.
https://ampmq.ca/en/
President Serge Bilodeau
Vice-President Charles Mancer
Quebec Mounted Police Members’ Association (QMPMA)
Post Office Box 154
Westmount, Quebec, Canada
H3Z 2T2
Phone: (450) 291-4458
assoc.mpmq@gmail.com
1699 Rue Principale,
Saint-Blaise-sur-Richelieu,
Quebec, J0J 1W0
Media relations
Frederic Serre
Media relations officer
Phone: (438) 875-4217
fsimedia@videotron.ca
http://www.dugganavocats.ca/
James Duggan:
Windsor Station
1100 Avenue des Canadiens-de-Montreal (West)
Suite 900
Montreal, QC, Canada, H3B 2S2
Phone: (514) 879-1459
Fax: (514) 879-5648
Email james@dugganavocats.ca
http://thedavidamosrant.
---------- Forwarded message ----------
From: Lisa Porteous <lporteous@kleinlyons.com>
Date: Thu, 6 Jun 2013 14:46:22 +0000
Subject: RCMP
To: David Amos <motomaniac333@gmail.com>
David,
Thank you for your email inquiring about our class action against the
RCMP. As you may know, the Notice of Claim was filed in the British
Columbia Supreme Court on March 27, 2012. The lawsuit has been
brought by former RCMP constable Janet Merlo on behalf of female RCMP
members. Unfortunately, we cannot assist you with your claim.
We recommend that you contact Mr. Barry Carter of Mair Jensen Blair
LLP to discuss any claim you may have against the RCMP for harassment.
His contact information is as follows:
Mr. Barry Carter
Mair Jensen Blair LLP
1380-885 W. Georgia Street
Vancouver, BC V6C 3E8
Phone: 604-682-6299
Fax 1-604-374-6992
This is not intended to be an opinion concerning the merits of your
case. In declining to represent you, we are not expressing an opinion
as to whether you should take further action in this matter.
You should be aware that there may be strict time limitations within
which you must act in order to protect your rights. Failure to begin
your lawsuit by filing an action within the required time may mean
that you could be barred forever from pursuing a claim. Therefore, you
should immediately contact another lawyer ( as indicated above) to
obtain legal advice/representation.
Thank you again for considering our firm.
Yours truly,
Lisa Porteous
Case Manager/Paralegal
lporteous@kleinlyons.com
www.kleinlyons.com
KLEIN ∙ LYONS
Suite 400-1385 West 8th Avenue
Vancouver BC V6H 3V9 Canada
Office 604.874.7171
Fax 604.874.7180
Direct 604.714.6533
This email is confidential and may be protected by solicitor-client
privilege. It is intended only for the use of the person to whom it is
addressed. Any distribution, copying or other use by anyone else is
strictly prohibited. If you have received this e-mail in error, please
telephone us immediately and destroy this e-mail.
Please consider the environment before printing this email.
From: Ministerial Correspondence Unit - Justice Canada <mcu@justice.gc.ca>
Date: Tue, 21 Feb 2017 19:30:51 +0000
Subject: Automatic reply: Re RCMP class action lawsuits about the cops
harassing each other Perhaps I should Intervene EH Bill Pentney?
To: David Amos <motomaniac333@gmail.com>
Thank you for writing to the Honourable Jody Wilson-Raybould, Minister
of Justice and Attorney General of Canada.
Due to the significant increase in the volume of correspondence
addressed to the Minister, please note that there may be a delay in
processing your email. Rest assured that your message will be
carefully reviewed.
-------------------
Merci d'avoir écrit à l'honourable Jody Wilson-Raybould, ministre de
la justice et procureur général du Canada.
En raison d'une augmentation importante du volume de la correspondance
adressée à la ministre, veuillez prendre note qu'il pourrait y avoir
un retard dans le traitement de votre courriel. Nous tenons à vous
assurer que votre message sera lu avec soin.
---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 21 Feb 2017 15:30:48 -0400
Subject: Re RCMP class action lawsuits about the cops harassing each
other Perhaps I should Intervene EH Bill Pentney?
To: wjk@kimorr.ca, cetter@powerlaw.ca, gina.scarcella@justice.gc.ca,
Victoria.Yankou@justice.gc.ca, susanne.pereira@justice.gc.ca,
"bill.pentney"<bill.pentney@justice.gc.ca>, mcu <mcu@justice.gc.ca>,
abespflug@callkleinlawyers.com
Cc: David Amos <david.raymond.amos@gmail.com>
http://www.kimorr.ca/pdf/
Won J. Kim
Kim Orr Barristers P.C.
4th Flr. 19 Mercer St.
Toronto, Ontario M5V 1H2
Phone: 416-349-6570
Fax: 416-598-0601
Email: wjk@kimorr.ca
Gina M. Scarcella Senior Counsel
Justice Canada
Public Safety & Defence Div., PO Box 36
3400-130 King St. W.
Toronto, Ontario M5X 1K6
Phone: 416-954-8111
Fax: 416-973-5004
Email: gina.scarcella@justice.gc.ca
Victoria C. Yankou
Phone: 416-952-7105
Susanne G. Pereira
Senior Counsel
Called to the bar: 1999 (ON); 2005 (BC)
Justice Canada
Public Safety, Defence & Immigration
900-840 Howe St.
Vancouver, British Columbia V6Z 2S9
Phone: 604-666-7710
Fax: 604-666-4399
Email: susanne.pereira@justice.gc.ca
http://laws-lois.justice.gc.
Intervention
Marginal note:Leave to intervene
109 (1) The Court may, on motion, grant leave to any person to
intervene in a proceeding.
Marginal note:Contents of notice of motion
(2) Notice of a motion under subsection (1) shall
(a) set out the full name and address of the proposed
intervener and of any solicitor acting for the proposed intervener;
and
(b) describe how the proposed intervener wishes to participate
in the proceeding and how that participation will assist the
determination of a factual or legal issue related to the proceeding.
Marginal note:Directions
(3) In granting a motion under subsection (1), the Court shall
give directions regarding
(a) the service of documents; and
(b) the role of the intervener, including costs, rights of
appeal and any other matters relating to the procedure to be followed
by the intervener.
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 21 Feb 2017 13:39:17 -0400
Subject: Re RCMP class action lawsuits about the cops harassing each other
To: mbm@kimorr.ca
Cc: David Amos <david.raymond.amos@gmail.com>
http://www.kimorr.ca/index.
RCMP Class Action
January 17, 2017
On January 13, Justice McDonald of the Federal Court released reasons
certifying the action for settlement purposes. A copy of those reasons
can be read here. The Federal Court has scheduled the hearing of the
settlement approval motion for May 24, 2017 at 9:30 in Toronto. The
Notice of Certification and Settlement approval hearing is here. The
Notice in French is here. The opt out form is here.
On October 6, 2016, an historic settlement was reached in the systemic
harassment class actions brought against the Royal Canadian Mounted
Police by female RCMP employees. Under the proposed national
settlement, every single living current and former female regular
member, civilian member, and public service employee of the RCMP who
worked within the RCMP since 1974, and who experienced gender and/or
sexual orientation-based harassment and discrimination, will be
eligible to claim compensation, without fear of disclosing her
identity to the RCMP or of reprisals. The settlement is not effective
until approved by the Federal Court. Here is our press release from
today regarding this historic Settlement. To view the Federal Court
claim, click here.
To read more about this proposed Settlement, please go to
rcmpclassactionsettlement.ca.
On December 22, 2015, Justice Perell released reasons dismissing the
Crown’s motion to strike the statement of claim and confirming that
the pleading meets the s. 5(1)(a) cause of action criterion for
certification. To read a copy of the decision, please click here. The
balance of the certification motion, which was scheduled to be heard
May 26-27, 2016, has been adjourned.
Kim Orr Barristers is prosecuting a class action against the Attorney
General of Canada involving allegations of gender- and
sexual-orientation-based discrimination, bullying and harassment of
female Royal Canadian Mounted Police (the "RCMP") employees. The
action has been commenced in Ontario on behalf of all current or
former female regular members, civilian members and public service
employees of the RCMP in Canada, excluding persons resident in Quebec.
The claim alleges that men and women were, and are, treated
differently within the RCMP, and that female RCMP employees have been
subject to systemic discrimination, bullying and harassment on the
basis of their gender and/or sexual orientation. It also alleges that
the RCMP has failed to investigate, adjudicate and resolve conduct and
complaints about these issues, despite repeated reports over the years
about the problems within the organization.
The plaintiff is a former senior-level RCMP member who alleges that
she suffered discrimination, bullying and harassment throughout her
26-year RCMP career. The plaintiff alleges that as a result of this
treatment, she, as well as the other class members, suffered serious
injuries physical and emotional injuries, including post-traumatic
stress disorder, diminished self-worth, depression, and anxiety. The
claim also alleges that as a result of these systemic issues, female
RCMP employees have been denied training and promotions, and have even
taken early retirement or have left the organization.
The action seeks general, punitive and special damages for the
defendant's alleged failure to fulfill its statutory, common law and
contractual duties to provide female RCMP employees with a work
environment free of gender- and sexual-orientation-based
discrimination, bullying and harassment. The action also seeks damages
on behalf of family members of female RCMP employees who are entitled
to assert a claim under provincial legislation.
For more information on this case, please contact Megan B. McPhee at
mbm@kimorr.ca.
© 2017, Kim Orr Barristers P.C.
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http://www.cbc.ca/news/
RCMP to face new class-action harassment lawsuit, this time on behalf
of male employees
Current and former members allege they were physically intimidated,
denied promotions, belittled and bullied
By Alison Crawford, CBC News Posted: Oct 25, 2016 8:35 PM ET
The RCMP will soon face another class-action harassment lawsuit — this
time on behalf of male Mounties and civilian employees of the force.
Earlier this month, the federal government and the RCMP set aside $100
million to settle an estimated 1,000 cases of female employees being
harassed and bullied at work.
CBC News has learned that one of the law firms that represented those
women is preparing to bring another suit for men — which could
potentially be much bigger given that men make up roughly 80 per cent
of the RCMP's workforce.
Mounties offer apology and $100M compensation for harassment,
abuse against female members
'This is a way for everybody to heal': ex-Mountie on RCMP compensation
External body needed to probe workplace complaints, senior Mountie says
"We've spoken with hundreds of members, and we're contacted by new
members every day," said lawyer Megan McPhee of Kim Orr Barristers in
Toronto, who has been working on the case for years. "The stories are
very consistent. We're told that there is a culture of bullying and
harassment within the force, and one of the regular issues that we
hear is a fear of speaking out, a fear of reprisals."
Cpl. Michael Mansoor, who's due to be medically discharged in January,
says he was diagnosed with PTSD after what he alleges was years of
harassment at the hands of his colleagues and superiors.
He says it started in 2001, when he was posted to his hometown of
Richmond, B.C., where his brother was in conflict with the law. It
wasn't long before Mansoor said he found his duties restricted.
"I was banned from any work section in the detachment except for
general duty and traffic because they acknowledged that there might be
a conflict," said Mansoor.
Wrongly accused of sexual assault
Despite pleas for a transfer, he says his superiors stuck to the local
convention that a member must serve five years in the detachment
before being moved.
Documents obtained under the Access to Information Act suggest
officers were suspicious of his family ties. Eventually, Mansoor found
himself suspended with pay and under investigation for what he alleges
are two trumped-up internal disciplinary charges.
Furthermore, due to a clerical error, Mansoor was also initially
accused of sexual assault.
"There was a minor glitch with [Mansoor's] security suspension
document service this morning," reads an internal email about
Mansoor's disciplinary charges. "There is a reference to a 'sexual
assault'.... It was our conclusion that HQ Ottawa had screwed up the
paperwork. Seems likely that they took a previous form letter,
re-tooled it for [Mansoor's] case and did not remove a phrase that did
not apply in this case."
As for the two other allegations, they later proved unfounded.
Whisper campaign
Over time, Mansoor says the ongoing whisper campaign and harassment
made him ill.
"There comes actually a point where you start to look at yourself and
go, 'Am I bringing this on myself? Because surely it's not this
widespread in an organization,'" Mansoor said.
Retired sergeant Hugo Desrochers says he knows exactly how that feels.
Retired Sgt. Hugo Desrochers
Retired sergeant Hugo Desrochers alleges that during his employment
with the RCMP he was stripped of responsibility, belittled in front of
colleagues and denied opportunities to develop his career. (Provided
by Desrochers)
He left the force last year after 26 years in a job he says, for the
most part, he loved. He was making his way up the ranks and working
towards another promotion, he says, but that came to a halt near the
end of his career when management changed at the RCMP detachment in
Cornwall, Ont.
"[I] started covering my back. Started taking notes to make sure I was
not going to be hung out to dry," Desrochers said.
Years of meticulous notes document allegations of being micromanaged,
stripped of his responsibilities, belittled in front of colleagues for
taking initiative and denied opportunities to further develop his
career.
The worst incident, according to Desrochers, was when the inspector
refused to sign off on his application to serve in Kosovo due to
shortcomings with his performance. Yet Desrochers says all his boss
managed to come up with, after repeated requests for specifics, was a
late overtime claim.
Retired Sgt. Hugo Desrochers
Desrochers, right, seen here on a marijuana bust in British Columbia
early in his career. (Provided by Desrochers)
"It takes a toll on you because you start questioning yourself...and
then you're not good," an emotional Desrochers told CBC News.
Desrochers welcomes the lawsuit.
"If nobody comes forward to say there's a problem, how are they going
to know there's a problem. Is it just me sitting here? No."
Belittled, physically intimidated
It's not just men in uniform who allege they've been harassed.
Garth Caron worked as a public servant from 2005 to 2015, doing
administrative work in detachments in Saskatchewan and Alberta. Caron
says his first experience with harassment was when a few Mounties took
issue with him being gay and subjected him to a number of pranks.
"I came in one morning to my workstation and I noticed a number of
female items on my desk — boxes of tampons and things like that — and
it kind of struck me as odd as to why they would have been left
there," he said.
At another detachment, Caron said a sergeant questioned his Métis
status, belittled him in front of colleagues and tried to physically
intimidate him. The union got involved and Caron says he agreed, while
under a great deal of duress, to retire before he was ready to leave
the workforce.
It's no secret the RCMP has a bullying problem. Commissioner Bob
Paulson has said so himself. In a 2012 interview with CBC News,
Paulson conceded that he too had been harassed at work.
"I think in the day, if you weren't sort of in line with your
officer's expectations or consistent with his or her vision of where
the organization was going, then you were pushed aside," he said. "And
it's a very uncomfortable feeling and a very destructive feeling, and
it doesn't speak to a transparent, ethical, organization."
---------- Forwarded message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Wed, 15 Feb 2017 08:00:47 -0400
Subject: Re Federal Court File No. T-1557-15 and the QMPMA application
for a class action lawsuit against the RCMP byway of the CROWN
To: assoc.mpmq@gmail.com, fsimedia@videotron.ca,
charles.mancer@rcmp-grc.gc.ca, james@dugganavocats.ca,
Serge.Bilodeau@rcmp-grc.gc.ca
Cc: David Amos <david.raymond.amos@gmail.com>
<Mark.Blakely@rcmp-grc.gc.ca>, "Gilles.Blinn"
<Gilles.Blinn@rcmp-grc.gc.ca>, "dale.drummond"
<dale.drummond@rcmp-grc.gc.ca>
<bernadine.chapman@rcmp-grc.
<Paulette.Delaney-Smith@rcmp-
<Dale.Morgan@rcmp-grc.gc.ca>
Perhaps we should talk ASAP?
Veritas Vincit
David Raymond Amos
902 800 0369
https://ampmq.ca/class-action-
https://mancer.
The Application for certification of a class action on behalf of all
members of the RCMP (past and present) arose from the many members
coming forward with their long-standing stories of harassment, abuse
and discrimination experienced while working in the RCMP. These are
stories that span many decades and point to a culture of bullying,
harassment and discrimination in the RCMP.
https://mancer.
https://ampmq.ca/en/
President Serge Bilodeau
Vice-President Charles Mancer
Quebec Mounted Police Members’ Association (QMPMA)
Post Office Box 154
Westmount, Quebec, Canada
H3Z 2T2
Phone: (450) 291-4458
assoc.mpmq@gmail.com
1699 Rue Principale,
Saint-Blaise-sur-Richelieu,
Quebec, J0J 1W0
Media relations
Frederic Serre
Media relations officer
Phone: (438) 875-4217
fsimedia@videotron.ca
http://www.dugganavocats.ca/
James Duggan:
Windsor Station
1100 Avenue des Canadiens-de-Montreal (West)
Suite 900
Montreal, QC, Canada, H3B 2S2
Phone: (514) 879-1459
Fax: (514) 879-5648
Email james@dugganavocats.ca
http://thedavidamosrant.
---------- Forwarded message ----------
From: Lisa Porteous <lporteous@kleinlyons.com>
Date: Thu, 6 Jun 2013 14:46:22 +0000
Subject: RCMP
To: David Amos <motomaniac333@gmail.com>
David,
Thank you for your email inquiring about our class action against the
RCMP. As you may know, the Notice of Claim was filed in the British
Columbia Supreme Court on March 27, 2012. The lawsuit has been
brought by former RCMP constable Janet Merlo on behalf of female RCMP
members. Unfortunately, we cannot assist you with your claim.
We recommend that you contact Mr. Barry Carter of Mair Jensen Blair
LLP to discuss any claim you may have against the RCMP for harassment.
His contact information is as follows:
Mr. Barry Carter
Mair Jensen Blair LLP
1380-885 W. Georgia Street
Vancouver, BC V6C 3E8
Phone: 604-682-6299
Fax 1-604-374-6992
This is not intended to be an opinion concerning the merits of your
case. In declining to represent you, we are not expressing an opinion
as to whether you should take further action in this matter.
You should be aware that there may be strict time limitations within
which you must act in order to protect your rights. Failure to begin
your lawsuit by filing an action within the required time may mean
that you could be barred forever from pursuing a claim. Therefore, you
should immediately contact another lawyer ( as indicated above) to
obtain legal advice/representation.
Thank you again for considering our firm.
Yours truly,
Lisa Porteous
Case Manager/Paralegal
lporteous@kleinlyons.com
www.kleinlyons.com
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