New RCMP Class Action Settlement
July 8, 2019: A Federal Court class action lawsuit has been certified to settle allegations of gender and sexual orientation-based harassment and discrimination within the RCMP by non- policing female employees, consultants, and volunteers. While not admitting liability, the RCMP has agreed to a settlement of this lawsuit.
Higgerty Law is Co-Counsel on this class action. We invite women who might qualify for compensation to register for the class.Compensation ranges from $10,000 to $220,000 for approved claims.
Any female, or a person who publicly identifies as a female who is or has been subjected to gender or sexual-orientation based discrimination and/or harassment by RCMP personnel (including sexual harassment, sexual assault, physical assault, bullying, intimidation and/or abuse) and were supervised or managed by the RCMP or worked in a RCMP controlled workplace environment (such as an RCMP detachment, office or facility, etc.) as a:
- Current or former living Municipal Employee,
- Regional District Employee,
- Employee of a non-profit organization,
- Supernumerary Special Constable,
- Public service employee,
- Member of an integrated policing unit,
- Persons from outside agencies and police forces,
at any time from September 19, 1974 to July 5, 2019, you may be entitled to substantial compensation, provided you are not in a category of excluded individuals.
- 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, and
- individuals who received prior compensation for the gender/sexual-orientated based harassment/discrimination which would otherwise be compensable under the Class Action/li>
The 2017 Merlo and Davidson Class Action Settlement compensated female RCMP members and a limited number of public servants, none of whom are class members under this new settlement.
The settlement applies to qualified claimants in their role from September 19, 1974 to July 5, 2019.
The following description of levels is not meant to present a list of factors that must be found to exist in a given case when determining the amount of compensation, if any, to be awarded. Claims will be viewed holistically. Therefore, the existence or absence of any one factor does not necessarily dictate the level at which a claim will ultimately be decided.
Claim levels reflect systematic harassment with common factors to be found in culpable conduct and its effect on victims. However, it is acknowledged that each individual has had a different experience and each experience must be respected. It is important to be mindful of the fact that people can react to a traumatizing event. The description of these levels will help provide a framework with the goal of achieving decisions that are consistent and fair.
Sexualized comments, sexualized jokes, inappropriate questioning regarding personal life, exhibitionism, bullying, mockery, communication of a sexual or romantic nature
Kissing, touching with a sexual purpose or intention, simulating sexual intercourse or masturbation, physical aggression causing harm, mockery, bullying, persistent communication of a sexual or romantic nature, exposure to pornography
Gender-based putdowns, persistent kissing or touching with sexual intention, exposure of genitals to complainant, sexual advances, constant intimidation in front of others, intimidation by using rank, mockery with intent to degrade, incessant communication of a romantic or sexual nature, persistent exposure to pornography, reprisals related to work environment
Persistent or ongoing gender-based put-downs, touching of complainant’s genitalia, forcing oneself on victim physically, physical aggression causing wound, exposure to violent pornography, harassment
Persistent intimidation, bullying and aggressions; acts to denigrate and humiliate in front of others, diminished value of complainant by assigning menial tasks below Class Member’s abilities, acts meant to affect working conditions or career development, acts causing interpersonal problems, acts intended to cause emotional stress, using rank to denigrate, repeated sexual advances, harassment towards complainant with moderate vulnerability, forcing complainant to perform non-penetrative sex acts.
Continuous intimidation, bullying, aggressions; forcing complainant to engage in penetrative sex acts, harassment towards complainant with heightened vulnerability, acts to isolate from other employees or volunteers, acts to denigrate and affect career development, sexual advances, using rank to denigrate, acts meant to cause emotional stress
No. It must still be approved by the Court. The approval hearing is scheduled to be heard on October 17, 2019 at 9:30 am at the Federal Court in Vancouver, British Columbia (701 West Georgia Street).
- Approval Hearing – October 17, 2019
- Claim applications must be received within 6 months of the approval date (date to be determined).
If you do not wish to participate in the class action and proposed settlement because you wish to retain the right to pursue an individual action, you must mail or deliver by hand a signed Opt-Out Form to Klein Lawyers LLP received or postmarked no later than September 13, 2019:
Klein Lawyers LLP
Attn: Whitney Santos
1385 West 8th Avenue, Suite 400
Vancouver, BC V6H 3V9
If you opt-out, you will not be included in this lawsuit, you will not be bound by the Court’s judgment on the settlement, and you will not be eligible for settlement compensation. File an Opt-Out Form only if you wish to retain the right to pursue an individual action. Please click here for the Opt-Out form.
Self-represented claimants run the risk of disqualification or, not obtaining optimum compensation. In our experience, the results from working with qualified legal counsel can result in significantly higher compensation, even after the associated legal costs. At Higgerty Law, our team of lawyers, paralegals and claims support professionals will diligently work with you to prepare your Claim Application and provide you with important timely legal advice throughout the process. Our goal is to exceed your expectations.
Yes. We can represent qualified claimants across Canada and around the world.
Higgerty Law will make compensation claims for qualified claimants from across Canada and around the world. You benefit from several advantages:
- Our predominantly female team is empathetic and experienced.
- Our team includes psychologists and other healthcare professionals to help ease your concerns throughout the process.
You will benefit from our experience as jurists: we know what the Court needs to see from your claim. Higgerty Law is your best option for maximizing your potential claim.
Registering is the first step in the process and does not guarantee you will be compensated. Registering allows Higgerty Law to begin the process of qualifying your claim and submitting it for Court review.
Fees are contingent upon Higgerty Law successfully acquiring Court approval of your claim for compensation. If your claim is not approved, you will not be charged a fee.
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If you or someone you know qualifies, you (or she) may be eligible for substantial compensation. Higgerty Law is accepting registration requests to consider representing qualified claimants to recover on your claims.
REGISTERING DOES NOT GUARANTEE YOUR ENTITLEMENT TO COMPENSATION OR TO BECOMING A CLIENT. It is the initial step in the process to determine your status.
By submitting your registration, you expressly consent to Higgerty Law periodically sending you emails and/or any other form of electronic messages for any purposes related to this registration.