Proposed Class Action – Margorie Hudson v. HMTQ
Date: July 20, 2020
Classification: Unclassified
Branch/Agency: RCMP
Issue:
On July 8, 2020, the RCMP received the Statement of Claim in a proposed class proceeding filed in the Federal Court. The claim alleges systemic racism in the RCMP on the basis of race, national or ethnic origin, color or religion directed at racialized individuals who work for or with the RCMP.
Proposed Response:
- There is no room for racism – or any other kind of discrimination – in the RCMP. Since this matter is before the court, it would be inappropriate to comment specifically about the case but I want to assure all Parliamentarians and Canadians that we are committed to fostering a safe, respectful, and inclusive workplace, free of racism and discrimination, for all of our employees.
- The RCMP is committed to providing every part of the country with culturally competent policing that can serve all communities in a professional manner with dignity and respect. Welcoming individuals from all backgrounds into the RCMP and ensuring their views and experiences are valued and integrated into how the RCMP works is critical to achieving this goal.
- We know that systemic racism is part of every institution, the RCMP included. As an organization, the RCMP is working hard to address this and is incorporating the lens of diversity and inclusion in everything we do. For example, the RCMP is using Gender-based analysis+ as a means of ensuring its policies and practices reflect the needs of diverse groups of people.
- In addition, we have added new permanent resources to promote diversity, inclusion, and gender equality in the RCMP. This includes a new position on the RCMP's Senior Executive Committee.
- We know we can always do better, and I want to assure all Parliamentarians and Canadians that we remain committed to building an organization that respects all people, values diversity and fosters inclusion.
Background:
The plaintiff, Margorie Hudson, an Indigenous woman who served in the RCMP from 1979-2009 as a special native constable then as a regular member, alleges that:
- She and fellow racialized Class Members were subjected to racism and racist acts by RCMP Members, Civilian Members, Public Service Employees (PSEs) and RCMP management; and
- The RCMP and its management breached the constitutional rights of the plaintiff and the Class Members to serve their country in an environment free of racism.
As a result of the racism, the plaintiff and Class Members allege they have suffered serious infringement of their constitutional rights to equality, as well as serious physical and psychological damages, out-of-pocket expenses and loss of income.
The proposed Class Members include: all racialized individuals who worked for or with the RCMP as Regular Members, Civilian Members, Special Constables, Cadets, Pre-Cadets, Auxiliary Constables, Special Constable Members, Reservists, Public Service Employees and Temporary Civilian Employees, municipal employees, regional District Employees, non-profit employees, volunteers, Commissionaires, Supernumerary Special Constables, consultants, contractors, students, members of integrated policing units, and persons from outside agencies and police forces who were supervised or managed by the RCMP or who worked in an RCMP controlled workplace. A Family Class is also proposed.
The claim excludes any claims Class Members have that were resolved in other class actions against the RCMP such Merlo, Tiller, Ross/Roy and also any claims Class Members have in the Greenwood and AMPMQ class actions unless those proceedings are decertified prior to the trial of this proceeding.
The proposed Class Period is April 17, 1985 (when s. 15 of the Canadian Charter of Rights and Freedoms came into force) to the date the action is certified as a class proceeding.
Contacts:
Prepared by: John Unrau, Legal Services, Natacha Lamontagne, Strategic Advisor to CHRO and Director Claims Response Directorate, Tel: 613 843-6199
Approved by: Gail Johnson, Chief Human Resources Officer, Tel: 613-843-6199
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