RCMP Discrimination and Harassment Class Action Lawsuit: Apology and Financial Settlement

In March 2020, the Federal Court of Canada approved a $100-million class action lawsuit for women who worked for the RCMP in non-policing jobs and were subjected to gender-based discrimination.

In 2016, the first RCMP class-action settlement, also known as the Merlo-Davidson settlement, after plaintiffs Janet Merlo and Linda Davidson, approved compensation for female police officers who faced discrimination, harassment, and assault, some of which dated back to September 1974.

Now, in 2020, women who were RCMP employees, consultants, volunteers, and even students are finally being awarded compensation as well. The women, who experienced harassment based on gender or sexual orientation between 1974 and 2019, are eligible for between $10,000 and $222,000 each. After a 60-day appeal period, they can submit claims from May 10th until November 5, 2020.

The first lawsuits were filed by lead plaintiffs and RCMP officers, Janet Merlo in 2012 in British Columbia, and Linda Davidson in 2015 in Ontario. The veteran officers represented hundreds of female RCMP officers who were harassed on the job, often for years and some to the point they left their jobs.

The lawsuit had named the government of Canada as a defendant, alleging vicarious liability for the actions of the RCMP who were employees, agents, and servants of the Crown.

The plaintiffs claimed that the RCMP failed to ensure that they could work in an environment free of gender-based discrimination, bullying, and harassment. The plaintiffs claimed the RCMP was negligent, failed to investigate complaints of discrimination and harassment, permitted retaliation against complainants, breached employment contracts which expressly or impliedly provide employees with a harassment-free workplace, and breached the plaintiffs’ rights under s. 15 of the Canadian Charter of Rights and Freedoms.

Separate from the class action, a public interest investigation was also conducted into the need for a systemic response to workplace harassment within the RCMP. The final report of the Complaints Commission was released in February 2013.

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