If you are a female or identify as a female and were an RCMP Regular Member (for purposes of this Settlement includes Regular Members, Special Constables, Cadets, Auxiliary Constables, Special Constable Members, and Reserve Members), Civilian Member or Public Service Employee (for purposes of this Settlement includes Temporary Civilian Employees) working within the RCMP, this notice may affect your legal rights. Please read it carefully.
On May 30, 2017, the Federal Court (Canada) approved a settlement of the class action Merlo and Davidson v. Canada. The class action concerns allegations of gender and sexual orientation based harassment and discrimination within the RCMP.
Who is Eligible for the Settlement?
To be eligible to participate in the settlement, you must be a member of the class. The class is defined as:
Primary Class Members: female current and former living Regular Members, Civilian Members and Public Service Employees (who are appointed by the Commissioner of the RCMP under the delegated authority of the Public Service Commission pursuant to the Public Service Employment Act, R.S.C., 1985, c. P-32; amended S.C. 2003, c. 22, ss.12, 13) who worked within the RCMP during the Class Period who experienced and/or continue to experience gender and sexual orientation based harassment and discrimination while working in the RCMP during the Class Period, and who have not opted out or are not deemed to have opted out of the Class Action on or before the expiry of the Opt Out Period.
For the purposes of this Settlement “Regular Members” includes Regular Members, Special Constables, Cadets, Auxiliary Constables, Special Constable Members, and Reserve Members
For the purposes of this Settlement “Public Service Employees” includes Temporary Civilian Employees who, prior to 2014 were appointed under the now-repealed subsection 10(2) of the RCMP Act, R.S.C., 1985, c. R-10
Secondary Class Members: all persons who have a derivative Claim in accordance with applicable family law legislation arising from a family relationship with a member of the Primary Class.
Anyone who has who has opted out of the class action is not eligible for compensation under the settlement.
What are the Terms of the Settlement?
The settlement contains numerous change initiatives directed at eliminating workplace harassment and discrimination in the RCMP. The settlement also provides compensation for Primary Class Members who experienced gender or sexual orientation based harassment or discrimination while working in the RCMP during the Class Period. Compensation is available for Secondary Class Members where the Primary Class Member’s claim is assessed at either of the two highest severity levels.
You can obtain a copy of the settlement agreement and the applicable forms and protocols by contacting the Office of the Independent Assessor at the address below. These documents are also available at: www.merlodavidson.ca
How Do Primary Class Members Make a Claim Under the Settlement Agreement?
You must submit a claim form together with all supporting documentation to the Assessor by February 8, 2018. Claim forms are available from the Independent Assessor and may also be accessed and completed electronically at: https://merlodavidson.ca/en/the-forms/ Claims will be accepted as of August 12, 201 7.
The Independent Assessor may be contacted at:
Office of the Independent Assessor
130 Albert St., Suite 1103
Ottawa, ON KIP 5G4
For more information about the terms of the Settlement Agreement or how to make a claim you may contact class counsel Klein Lawyers LLP or Kim Spencer McPhee Barristers P.C.
KLEIN LA WYERS LLP
Attn: Whitnet 6 Santos
1385 West g Avenue #400
Vancouver, BC V6H 3V9
Phone: (604) 874-6159
Fax: (604) 874-7180
KIM SPENCER MCPHEE BARRISTERS P.C. Attn: Megan B. McPhee
19 Mercer Street, Suite 400
Toronto, ON M5V 1H2
Phone: (416) 349-6574
Fax: (416) 598-0601