Supreme Court Declines To Review Certification Of RCMP Bullying And Harassment Class Action

• Published date: 30 March 2022
• Law Firm: Torys LLP
• Author: Ms Sylvie Rodrigue, Sarah E. Whitmore, Irfan Kara and Morag McGreevey

On March 17, 2022, the Supreme Court of Canada dismissed the federal government's application for leave to appeal a decision certifying a class action against the RCMP. The class action, which was certified by the Federal Court in 2020, alleges that RCMP leadership fostered and condoned a work environment of systemic bullying, intimidation and harassment.

What you need to know

• The federal government, on behalf of the RCMP, unsuccessfully argued that the plaintiff employees' claims should not proceed as a class action because there are "legislative remedies and internal processes within the RCMP" that could provide redress¹.
• The Federal Court rejected this argument, in part because the internal processes referenced by the government formed a "core component" of the claims advanced by the plaintiffs², and certified all of the plaintiffs' proposed common issues³.
• The Federal Court also rejected the government's argument that the claim did not disclose a reasonable cause of action. In doing so, the Federal Court indicated a willingness to recognize a new tort of workplace harassment⁴.
• The Federal Court of Appeal affirmed this approach, noting that there is "divided appellate authority" on whether such a tort exists but it is not "plain and obvious" that the claim will fail⁵.
• The issue of aggregate damages continues to have mixed success in being certified in workplace class actions⁶. An aggregate damages issue was certified by the Federal Court but de-certified on appeal because the plaintiffs tendered no evidence to suggest a method for the assessment, and their litigation plan was equally silent on the issue⁷.
• The case highlights an increased focus on...