Greenwood class action: frequently asked questions
The claim and its status
What the action is about
It concerns the alleged failure of the Royal Canadian Mounted Police to provide a workplace free from bullying, intimidation and harassment.
The plaintiffs, Geoffrey Greenwood and Todd Gray, say the RCMP fostered and condoned a culture of bullying, intimidation and general harassment that affected everyone who worked for it, and that, by letting this culture spread from the highest levels, the RCMP failed to provide a workplace free of such conduct on any ground, including sex, gender, race, ethnicity or religion.
They add that until recently statutory and institutional barriers kept RCMP Members from bargaining collectively or obtaining redress for grievances. In their account this deepened a stark imbalance of power and silenced Members who were bullied or harassed, because their only recourse ran through the chain of command that typically protected those responsible. The result, they say, was a toxic workplace marked by abuse of power and fear of reprisal.
The plaintiffs allege that they and the other class members suffered serious limits on their careers, serious physical and psychological harm, out-of-pocket expenses and lost income. They seek general, punitive and special damages.
Who brought the action
Kim Spencer McPhee Barristers P.C. ("KSM") is class counsel appointed by the Court. Information about the firm is at www.complexlaw.ca.
Where the case stands
On September 20, 2022 the Federal Court of Canada certified the proceeding as a national class action. The certification order, which sets out the certified common issues, is on the Documents page. Later developments are posted on class counsel's website.
Who is in the class and what follows
The class definition
All current or former RCMP Members (Regular, Civilian and Special Constable Members) and Reservists who worked for the RCMP between January 1, 1995 and the date a collective agreement becomes or became applicable to a bargaining unit to which they belong.
Excluded are claims covered by Merlo v. Her Majesty the Queen (Federal Court File No. T-1685-16), Ross et al. v. Her Majesty the Queen (T-370-17) and Gaétan Delisle et al. v. His Majesty the King (Québec Superior Court No. 500-06-000820-163). Anyone unsure whether they belong to the class should contact class counsel.
Women who served in the RCMP
They are covered. The action includes the alleged failure to provide a workplace free from sexual harassment of people of any gender, general harassment and harassment on any ground. Gender-based harassment and discrimination claims covered by Merlo Davidson and Ross are excluded.
Your rights if you do nothing
If you fit the class definition and do not opt out, you are bound by the outcome and give up the right to sue Canada on your own over the same subject matter. If you do not want to be bound, you can opt out.
Taking part
Nothing needs to be done to take part. Everyone who fits the certified definition is in the class unless they opt out.
A person with a lawsuit already under way on the same issues who wanted to join had to discontinue it before 5:00 p.m. EST on November 23, 2022. Otherwise s. 334.21(2) of the Federal Courts Rules, SOR/98-106, treats them as having opted out. A lawyer can explain the options.
Claimants across Canada
The action covers potential claimants anywhere in Canada. RCMP members who served in Québec or suffered harassment there may also belong to the Delisle class, in which case their claims may be excluded here. Class counsel can help anyone in doubt.
Membership in another RCMP class action
Fitting more than one class definition (Ross, Merlo Davidson or Delisle) does not remove you from the Greenwood action and does not oblige you to opt out of it. If you are unsure about your membership, contact class counsel.
Choosing not to be a class member
A person who fits the definition but wants to bring an individual lawsuit, or simply does not want to be a member, has to opt out. Opting out means giving up any share of what this action recovers if it succeeds. Someone who just does not think they have a claim need not opt out.
To opt out, a signed opt-out form had to reach the notice administrator by mail or email, or be postmarked, no later than 5:00 p.m. EST on November 23, 2022. The administrator's address is on the Contact page.
No one may opt out a mentally incapable person without the Court's permission, after notice to the Public Guardian and Trustee (for class members living in Ontario) or the comparable body in the other provinces and territories.
How class actions work
What a class action is
A class action lets a defined group of people with similar claims bring one action against the same defendants. The Court appoints one or more of them as representative plaintiffs to advance the case for the group. It is an efficient way for people with shared legal issues to reach the courts without each hiring a lawyer and carrying the cost and time of an individual suit.
The Court oversees class actions. Certain decisions, such as settling on the class's behalf, need its approval.
Certification
Certification means the Court has approved the case to proceed as a class action. The Court does not decide the merits at a certification hearing. This case has been certified.
The representative plaintiff
A representative plaintiff, sometimes several, sues for the members of a defined class. Once the class is certified the Court formally appoints the plaintiff, who carries the case for the other members. The plaintiff and the class are represented by Court-appointed lawyers, called class counsel.
Usually only the representative plaintiff gives evidence and takes decisions on the common issues. If the plaintiff succeeds at the common issues trial, the case normally moves to the individual issues stage, where each member can present evidence about their own situation. Here the representative plaintiffs are Geoffrey Greenwood and Todd Gray.
Legal fees
Class counsel act on a contingency basis: they carry the cost of the action and are paid if and when it succeeds. Generally their fees come out of any award or settlement.
Class counsel and the representative plaintiffs have agreed on fees and disbursements. Counsel is not paid unless the action succeeds or money is recovered from the defendants, and the agreement currently has counsel seeking up to one third of any damages awarded. The amount finally allowed is whatever the Court approves as fair and reasonable.
A contingency fee is one where part or all of a lawyer's fee depends on the matter ending successfully.
What a member may receive
No finding on liability or damages has been made yet. Class counsel cannot predict the outcome, which depends on several factors. Later developments are posted on their website.
The two stages
A class action has a common issues stage and an individual issues stage. Class counsel represent every member automatically at the first, where liability is decided on the representative plaintiffs' case among other evidence. Members take no active part, and the judge's decision on common liability binds them all, since those questions are shared.
If the plaintiffs succeed there, individual damages are decided next. A finding of common liability does not pay anyone automatically: each member has to show that they belong to the class, that they were harmed and that a loss follows. An adjudicator then decides the individual claim. What that process will look like is not yet known; it could be a mini-trial or a paper claim form.