Mounties class-action suit settled

But four employees who filed separate harassment claims still await their day in court

OTTAWA— A Federal Court has approved a proposed $100-million settlement of two massive class-action RCMP harassment lawsuits, a plan that could quietly resolve the complaints of more than 1,000 women.

Once a 30-day appeal period ends, female Mounties who endured workplace harassment in the past 43 years may apply to have their complaint privately evaluated, and compensation paid out, via an independent confidential and non-adversarial assessment process headed by retired Supreme Court justice Michel Bastarache. Payments could range from $20,000 to $220,000 per claim. Judge Ann Marie McDonald’s ruling Tuesday said it is a fair and reasonable agreement that is in the best interests of all women in the class “as a whole.”

But for individuals who had pursued separate legal claims and have not yet had their day in court, such as Atoya Montague, there is no resolution. Montague is a civilian employee in B.C. who sued the RCMP in 2013 alleging sexual harassment. Now she’s also battling RCMP efforts to fire her.

Montague said she is no further ahead, despite a scathing report by former auditor general Sheila Fraser that examined the RCMP’s handling of her claim and that of three others.

The Liberal government, which promised in its election platform to “take action to ensure” an RCMP workplace free of harassment and sexual violence, said it is studying the Fraser report. That report is dated March 30 but was released just two weeks ago.

In it, Fraser detailed a troubling refusal by the RCMP to acknowledge problems exist: the Mounties concluded harassment occurred in only one of the four cases she examined.

“There is a strong predisposition within the RCMP to defend its actions in order to protect its image,” Fraser said.

More than two weeks later, the claims of Montague, Susan Gastaldo and Alice Fox remain in limbo.

Only one of the four women, Catherine Galliford, resolved her legal claim against the RCMP. She accepted a confidential settlement offer in May 2016 and retired from the force. Montague was diagnosed with post-traumatic stress disorder that her psychiatrist Dr. Greg Passey said is directly linked to the humiliating and sexually degrading treatment she suffered at work. Montague took medical leave in 2012.

Once an employee has been absent for two years, the RCMP may initiate discharge proceedings.

In February — as the Fraser review was underway — Supt. Sean Sullivan recommended Montague be let go, saying a workplace accommodation of her disability “could not be afforded short of undue hardship.” Montague is fighting back. After the release of the Fraser report, she wrote Public Safety Minister Ralph Goodale and Prime Minister Justin Trudeau and appealed to them to halt the RCMP’s discharge proceedings. Montague said it’s a violation of her charter rights to be fired for having a disability, let alone one caused by her employer.

Separately, Passey, her Vancouverbased psychiatrist, wrote to Goodale and Justice Minister Jody WilsonRaybould to challenge the government to live up to its promise.

“If your office allows the RCMP to proceed with Ms. Montague’s discharge it will fly in the face of everything the prime minister and you have publicly stated about wanting to change the culture of the RCMP and ensuring a safe, respectful workplace for women,” Passey wrote.

“A discharge prior to the RCMP even attempting to negotiate a settlement or allowing the lawsuit to be heard by the courts is simply an extension of the abuse of power that she and every other woman has had to endure by the RCMP.”

Passey wrote in a letter to Montague’s B.C. superiors she “has been off duty sick (ODS) for bona fide medical disorders that have arisen as a direct result of inappropriate behaviour” by a commissioned officer and other Mounties.

Montague is the only one of the three cases studied by Fraser currently facing discharge. Her pleas to the Liberal government for help have fallen on deaf ears.

“The minister doesn’t direct litigation in respect of the operations or general management of the Force,” said Dan Brien, spokesperson for Goodale.

Staff Sgt. Julie Gagnon, a media relations officer at RCMP headquarters, emailed a reply to the Star’s inquiries. Gagnon said the Montague and Gastaldo “civil matters remain before the court.”

“The RCMP is committed to resolving all complaints and to acting in good faith in its negotiations, and has been trying to assist these individuals throughout,” she said.