Plaintiffs in RCMP lawsuit to receive $10K to $220K each

TORONTO • An unprecedented settlement that will pay up to $220,000 to women who were sexually harassed while working for the RCMP over the past 40 years has been approved by a Federal Court judge, who called the agreement fair and reasonable.

In a written decision, Judge Ann Marie McDonald said the settlement was in the women’s best interests, given litigation might otherwise have dragged on for years with an uncertain outcome.

“The proposed settlement has a number of features and benefits that extend beyond a strictly monetary compensation scheme and, as a result, the settlement agreement goes well beyond what the plaintiffs may have been awarded after a trial,” McDonald said. “Considering the very personal and painful nature of the claims, the settlement process includes a non-adversarial claims process with numerous safeguards to protect the privacy of claimants.”

The deal covers all women harassed while working for the RCMP, starting in September 1974 when the force first began taking female recruits. Many of the women would otherwise now have had no legal recourse because of the passage of time.

Each victim is eligible for a minimum of $10,000, with $220,000 going to those most egregiously harmed. In some cases, close relatives can receive a total of 10 per cent of a claimant’s reward.

While as many as 20,000 women are believed eligible for compensation, the lawyers involved estimate more than 1,000 claimants will receive about $89 million. The government has set aside $100 million for the payouts, even though there is no cap.

McDonald praised the agreement for including a public RCMP apology to the women — already delivered by Commissioner Bob Paulson in October — along with “institutional change initiatives” aimed at eradicating gender-based harassment. Neither the RCMP nor the federal government explicitly admitted any wrongdoing.

The judge also agreed the two law firms involved should get 15 per cent of the claims paid to victims. The lawyers initially signed on for 33.3 per cent. They agreed to cut that in half because the government is also paying them $12 million.

McDonald approved $15,000 in honoraria for two representative plaintiffs — Janet Merlo and Linda Davidson.

After a 60-day obligatory appeal period — the government consented to the settlement — women will have six months to make a claim for compensation.