In Greenwood v. His Majesty the King, the Federal Court recently issued a certification order for a class proceeding relating to a claim of systemic negligence within the RCMP.
Specifically, Justice McDonald of the Federal Court certified a class action brought as a result of alleged failure by the RCMP to take reasonable measures in the operation or management of the RCMP to provide a workplace free from systemic bullying, intimidation and harassment.
Among other things, the claim seeks to hold the government of Canada (Canada) vicariously liable for the actions of the RCMP's agents, employees and servants.
The proceeding was initially certified as a class action in January 2020, following a contested certification motion. The class was broadly defined and included current and former RCMP members as well as other individuals including cadets, municipal employees and volunteers.
Canada subsequently appealed the decision, arguing that the Federal Court erred in its findings that there is a reasonable cause of action in negligence related to workplace harassment, in presuming that different requirements apply to a claim framed as "systemic negligence" and in finding that the alleged class-wide duty of care was sustainable at law.
The Federal Court of Appeal upheld the Federal Court's decision, but focused on the fact that the workplace harassment claims involved members who were statutorily appointed and did not have contracts of employment.
The Federal Court of Appeal narrowed the class definition to include only RCMP members (i.e. regular members, special constable members and civilian members) and reservists. The class was also temporally limited to the time period between January 1, 1995 and the date, for each category of class member, that a collective agreement becomes or became applicable to a bargaining unit to which they belong.
In March 2022, Canada was denied leave to appeal this decision by the Supreme Court of Canada.
This case is significant for employers as a reminder that they may find "systemic" claims (whether they be in relation to negligence or otherwise) being asserted as proposed class proceedings.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
