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RCMP Class Action Settlement

Important Updates


The claim submission period is over and we are unable to accept any further claims for this class action. Specifically, the deadline for submitting a claim ended on January 12, 2021, and there was an exceptional circumstance period that ended on April 22, 2021.


Intro​du​ction

Are you a female or identify as a female and work or volunteer with the RCMP now or did so in the past?

Did you experience gender or sexual orientation-based harassment or discrimination while working with the RCMP?

On November 2, 2017, Cheryl Tiller, Mary-Ellen Copland, and Dayna Roach ("Plaintiffs") initiated a Federal Court Action against Canada ("Defendant"), with allegations of gender and sexual orientation-based harassment and discrimination within the Royal Canadian Mounted Police (“RCMP”)Following discussions, the Plaintiffs and the Defendant ("Parties") came to a settlement with an agreement to resolve all claims of Class Members who suffered injury as a consequence of such harassment and discrimination as outlined in the Final Settlement Agreement ("Agreement")

On March 10, 2020 the Federal Court of Canada approved the Agreement.  

The Parties recognize and acknowledge that gender and sexual based harassment, gender and sexual orientation based discrimination, and sexual assault, including physical assault in the course of conduct constituting gender and sexual orientation based harassment have no place in the RCMP. 

Who is Eligible?


Primary Class Members

  • The Agreement recognizes as Class Members, women who experienced gender or sexual orientation-based harassment or discrimination while working or volunteering with the RCMP, during the Class Period (September 16, 1974 to July 5, 2019). 
  • This includes current and former living Municipal Employees, Regional District employees, employees of non-profit organizations, volunteers, Commissionaires, Supernumerary Special Constables, consultants, contractors, public service employees, students, members of integrated policing units and persons from outside agencies and police forces who are female or publicly identify as female and who were supervised or managed by the RCMP or who worked in an RCMP controlled workplace during the Class period. 
  • Individuals who were Class Members in the Merlo/Davidson class action, the Ross/Roy/Satalic class action, the Association des membres de la police montée du Québec inc., Gaétan Delisle, Dupuis, Paul, Lachance, Marc v. HMTQ class action, or those who have already been compensated from any source for the same injury(ies) and event(s) are not eligible for compensation under this Agreement
  • Please refer to the Final Settlement Agreement for the comprehensive statement on who is included in the definition of a Primary Class Member.

Secondary Class Members
  • Family members of claimants whose claims have been assessed at either of Level 5 or Level 6 may also be eligible for compensation as Secondary Class Members. 
  • Claim forms for Secondary Class Members will be provided to the Primary Class Member if they are assessed at either of Level 5 or Level 6 by the Assessor. 
  • Further details associated with this process can be found in Schedule B to the Agreement. 

The Claims Process


Below is a summary of the steps in the Claims Process outlined in Schedule B to the Final Settlement Agreement  

1. Administrator intake and review

  • The Administrator receives the claim package and reviews to ensure all required sections of the claim form are completed, all signatures (claimant and witness) are present and the package includes a copy of government-issued photo identification. If anything is missing, the Administrator will contact the claimant
  • Next, the Administrator reviews the claim package and makes a preliminary recommendation on whether the claimant is a Class Member 
    • The Administrator's review involves checking the List of Primary Members provided by Canada, and if necessary, seeking information directly from the claimant or from a third party if the claimant is not on the List (keeping in mind the importance of maintaining confidentiality)
    • The Administrator will also check to see if the claimant's name is on the list of individuals paid prior compensation by Canada
  • When the claim is deemed complete by the Administrator, it is assigned to the Assessor for review 

2. Assessor claim review and Level determination

  • The Assessor reviews the Claim Form and all supporting documents, and makes their assessment based on the incidents the claimant describes and the information provided
  • The Assessor reviews the claim in context of a harm grid which includes six levels of severity and associated compensation (for details on the compensation amounts payble to claimants please click here):  
      • Level 1 - Minimal Injury                 $10,000
      • Level 2 - Mild Injury                      $35,000
      • Level 3 - Low Moderate Injury        $70,000
      • Level 4 - Upper Moderate Injury   $100,000
      • Level 5 - Significant Injury           $150,000
      • Level 6 - Severe Injury                $220,000
  • If a claim is assessed at Level 1, the Assessor's decision and cheque are sent to the claimant and the claim is closed
  • If a claim is assessed at Level 2, the claimant is notified of this assessment and provided with the option to submit a Request for Reconsideration of a Level 2 Claim
    • The claimant has 30 days to submit this request along with new information which shows the Assessor that claimant should be interviewed  
    • If no request for reconsideration is received within 30 days, the Assessor's decision and cheque are sent to the claimant and the claim is closed
  • If a claim is assessed at Level 3 to 6, the Assessor will conduct an in-person interview with the claimant prior to finalizing the level determination decision

3. Assessor interviews and Level determination

  • If the Assessor determines that the claimant should be interviewed, the office of the Assessor will be in touch with the claimant or her lawyer to schedule the interview
    • The details of the interview (location, format, terms etc.) will be explained to the claimant as part of the scheduling process
    • Please note, the claimant's lawyer will not be permitted to participate in interviews, however, claimants may have a friend, family member, or treating health care professional present at the personal interview for the purpose of providing emotional support
  • Following the interview, the Assessor's final decision and cheque are sent to the claimant and the claim is closed

4. Other considerations

  • Except for a limited right to seek Reconsideration of a Level 2 Assessment, the decision of the Assessor is final and not subject to appeal or judicial review
  • Claimants who are required to travel more than 50 km from their home to attend an interview with the Assessor will be reimbursed for their expenses, in accordance with the National Joint Council Travel Directive, after submitting a Travel Claim Form

The Administrator


The Administrator operates independently in fulfilling the duties of the Administrator set out in the Agreement. The Administrator is not an agent, servant or employee of Canada or a government institution for any purpose, and acts solely on its own behalf, as agreed to jointly by the Parties to the Agreement and as authorized by the Court. 

The role of the Administrator is to carry out the duties and responsibilities assigned in respect of the Claims Process in Schedule B to the Agreement. 

The Federal Court appointed Deloitte LLP as Administrator on March 10, 2020

The Assessors


The Assessors operate independently in fulfilling their mandate. The Assessors do not report to the RCMP or the Government of Canada.  

The Assessors' role is to review, evaluate and render decisions in respect of all claims, and award compensation in accordance with the terms of the Final Settlement Agreement reached by the parties and approved by the Federal Court.

The Assessor will retain the services of the professionals as necessary to assist in accomplishing their mandate. All those retained by the Assessor are sworn to secrecy and must respect the confidentiality of the claims.


The Federal Court appointed Pamela Kirkpatrick, and Kathryn Neilson as the Independent Assessors on March 10, 2020. In addition to the original three Assessors, the Federal Court appointed Susan Lang and Deborah Gass on May 6, 2021.


Pamela Kirkpatrick

Pamela Kirkpatrick

Pamela Kirkpatrick is a retired lawyer and judge, with a legal career spanning over 41 years. After obtaining her LL.B. from the University of British Columbia, she was called to the British Columbia bar in 1978, and joined Shrum, Liddle & Hebenton (which later merged with McCarthy Tetrault), practicing in their litigation department for 11 years. Pamela was chosen as one of the first ten Masters to be appointed in the province of British Columbia, and in 1992, was appointed to the Supreme Court of British Columbia. Justice Kirkpatrick was appointed to the Court of Appeal for British Columbia in 2005, where she remained until her retirement in 2019. Throughout her career, Justice Kirkpatrick played an active role in the legal community. In addition to undertaking various speaking and teaching engagements in the areas of Family and Bankruptcy Law, she has contributed to numerous publications for the Continuing Legal Education Society of British Columbia. Justice Kirkpatrick has also served as Governor of the Law Foundation of British Columbia and Director of the British Columbia Library Society, while maintaining her role as Chair of the Minister’s Advisory Committee on Judicial Appointments for British Columbia.

Kathryn Neilson

Kathryn Neilson

Kathryn Neilson is a retired lawyer and judge. She obtained her LL.B. from Dalhousie University, and holds masters degrees in psychology (U.B.C.) and law (University of Oxford). Her legal career in Vancouver included service as Crown counsel, and private practice in the fields of civil litigation, administrative law, and criminal law. As well, she trained and worked as a mediator and served as a part-time adjudicator for the B.C. Human Rights Tribunal. Her international experience included volunteer legal work in South Africa and a year spent as a human rights officer for the United Nations in Cambodia. In 1999, Kathryn was appointed to the Supreme Court of British Columbia, and in 2008 to the British Columbia Court of Appeal, retiring in 2016. During her career at the Bar and on the Bench, Kathryn served on a number of professional and community boards and committees. She also taught part-time at the U.B.C. and University of Victoria law schools, and was engaged in continuing legal education for lawyers and judges. Between 2002 and 2006 she chaired the Federal Judicial Appointments Committee of B.C. Since retirement, Kathy has welcomed having more time to engage in volunteer activities, travel, and pursue the outdoor activities she enjoys.

Susan Lang

Susan Lang Photo.jpg

Susan Lang is a retired lawyer and judge who was educated in Sault Ste. Marie, Kingston and Toronto, Ontario. She co-founded a women's law firm in the 1970s where she practised primarily in the areas of family and civil law. She served as a judge of the Superior Court from 1989 to 2004, including a term as Regional Senior Judge of Toronto. She also served as President of first the Ontario and then the Canadian Superior Court Judges' Associations. In 2004, Justice Lang was appointed to the Court of Appeal for Ontario. In 2013, she retired from the bench. In 2014-15, she undertook the Motherisk Review for the Province of Ontario in relation to flawed hair analysis evidence that harmed some of the most vulnerable members of our society. She maintains her interest and involvement in the justice system as well as her interests in education, equality, conservation and other pursuits. She continues as a Senior Fellow of Massey College at the University of Toronto.

Deborah Gass

Deborah Gass photo.jpg

Deborah Gass is a retired lawyer and judge born and raised in Nova Scotia. A graduate of Mount Allison University and Dalhousie Law School, she was called to the Alberta Bar in 1975 and the Nova Scotia Bar in 1977. She practiced primarily in the fields of criminal and family law. She initially served as Executive Director of a legal aid program for penitentiary inmates where she specialized in administrative law. In 1991 she was appointed a judge of the Family and Youth court for Nova Scotia and in 1999 she was appointed to the Supreme Court Family Division, where she served until her retirement in 2018. Deborah was active in her community and a member of several boards throughout her legal career. She has been involved in continuing education for lawyers and judges and served on the executive of the Canadian Chapter of the International Association of Women Judges. Deborah was a member of the founding board of Community Justice, the first restorative justice program in Nova Scotia. Throughout her judicial career she was actively involved in Parent Information and Access to Justice programs. She has extensive experience in alternate dispute resolution in the form of judicial settlement conferencing in the family context. In addition, Deborah was committed to mentoring law students, and encouraging young women lawyers to remain in the profession and consider pursuing a judicial career.

Court Documents

Adobe Acrobat is required to view these documents. To download Adobe Acrobat, click here.

Documents and Notices
  1. Final Settlement Agreement with Order
  2. Order (Counsel Fees)
  3. Long Form Notice
  4. Individual Application (Claim) Form
  5. Order (Implementation Date)
  6. Order (Deemed Exceptional Circumstances)
  7. Request for Reconsideration of a Level 2 Claim
  8. Court Order (Additional Assessors)

How to submit your Claim


The claims process is non-adversarial and designed to be easy to access. There is no requirement to be represented by a lawyer. Should you wish to obtain legal advice you may contact class counsel or a lawyer of your choice. Class counsel fees are outlined in the Order (Counsel Fees), all other legal advice and associated fees are the responsibility of the claimant.

Claim Documents - to be completed by all claimants or their legal representative 

Claim Documents - to be completed in certain circumstances

*Note, these documents will be available at a later date, after the Assessor's Decision of a claim.

  • Request for Reconsideration of a Level 2 Claim
  • Secondary Class Member Claim Form
  • Deadline Extension Request Form
  • Travel Claim Form
Submission ProcessPlease send your completed Claim Form and all related documents to:

RCMP Class Action - Office of the Administrator, c/o Deloitte
By Mail: 8 Adelaide Street West, Suite 200, Toronto, ON, Canada, M5H 0A9, or
By Fax: 416-366-1102, or
Secure Electronic Upload Site: https://rcmpsettlement-secure.ca/

Progress of the Claims Process


Information below is current as of July 19, 2021:

  • Number of Claims received by Administrator:  606
  • Number of Claims assigned to the Assessor: 143
  • Number of Decisions rendered by the Assessor: 303

FAQ


Please refer to the FAQ document for information and answers to questions you may have.

If you have additional questions or require assistance, please contact the parties as indicated below. 

Contact Us​

 

The office of the Administrator can assist you with questions you may have regarding the administration of the Settlement and the claims process, however, cannot provide you with legal advice. 

All communication is completely confidential and your requests for information will be held in the strictest confidence. 

Telephone: 1-844-965-0088

Email: rcmpsettlement@deloitte.ca

Mail: RCMP Class Action - Office of the Administrator, c/o Deloitte. 8 Adelaide Street West, Suite 200, Toronto, ON, Canada, M5H 0A9


For legal advice or assistance with completing your Claim Form, you may contact Class Counsel: Klein Lawyers LLP or Higgerty Law, or a lawyer of your choice. Note, legal advice and associated fees are the responsibility of the claimant.  

Klein Lawyers LLP                   

Whitney Santos    

wsantos@callkleinlawyers.com 

1385 West 8th Avenue, #400

Vancouver, BC V6H 3V9

www.callkleinlawyers.com


Higgerty Law   

Stage6Team@higgertylaw.ca

Millennium Tower, Main Floor 

101, 440 2nd Avenue SW

Calgary, AB T2P 5E9

www.higgertylaw.ca