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Police - RCMP. McMillan v. Canada
In McMillan v. Canada (Fed CA, 2024) the Federal Court of Appeal considered an appeal, this from class action orders from a motion judge of the Superior Court that "dismissed Mr. McMillan’s motion to certify the action as a class proceeding on the basis that his statement of claim failed to disclose a reasonable cause of action" and refused "leave to amend his statement of claim".
Here the court touches on the recent "sexual and non-sexual workplace harassment, discrimination, intimidation and abusive treatment" legal history of the RCMP:VIII. Analysis
[58] Before considering the issues raised by this appeal and cross-appeal, and in order to put Mr. McMillan’s proposed class proceeding into context, it should be noted that the RCMP has come under considerable scrutiny in recent years. Numerous individuals have come forward, alleging that the culture within RCMP workplaces is toxic, and that employees are exposed to sexual and non-sexual workplace harassment, discrimination, intimidation and abusive treatment at the hands of their superiors. These individuals have further alleged that RCMP management has condoned this behaviour, that employees’ attempts to report misconduct were thwarted or not taken seriously, and that employees often faced reprisals for making such reports.
[59] This has led to a significant amount of litigation against the RCMP, including numerous class proceedings brought on behalf of different groups, including the Tiller, Merlo, Ross, Delisle and Greenwood actions referred to earlier. As will be explained below, this Court’s decision in Greenwood is of particular significance for this case.
[60] Concerns with respect to the environment within RCMP workplaces have also resulted in numerous studies and independent reports, the most important of which for our purposes is the Tiller Report. . Lewis v. Canada (Attorney General)
In Lewis v. Canada (Attorney General) (Fed CA, 2023) the Federal Court of Appeal considered an appeal of a JR of a finding of harassment decision by an R.C.M.P. 'Conduct Appeal Adjudicator', under the Royal Canadian Mounted Police Act.
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