Class Action Lawsuit for Those Affected by Systemic Racism in the RCMP
Klein Lawyers has filed a class action lawsuit against the Royal Canadian Mounted Police (RCMP) on behalf of racialized individuals who currently work or formerly worked for or with the RCMP. Our effort demonstrates the power of Strength in Numbers, as it unites people across Canada in the fight for justice and accountability.
The lawsuit was initiated on July 7, 2020, by Marjorie Hudson, a former RCMP Aboriginal constable and the proposed representative plaintiff for this action. Ms. Hudson alleges that the RCMP subjected her and other racialized individuals to systemic racism within the force.
The allegations state that she and other racialized members of the RCMP were harassed and discriminated against on the basis of race, national or ethnic origin, colour, or religion. Ms. Hudson was subjected to and witnessed racist comments, derogatory remarks, and double standards that undermined the dignity and career progression of racialized members.
My hope is that this lawsuit will bring about some positive change for racialized individuals who are still with the RCMP and those who join in the future, as well as give those who formerly worked with or for the RCMP, such as myself, the strength to come forward and perhaps open a path to the healing process. – Marjorie Hudson
The RCMP Racism Class Action Lawsuit aims to hold the RCMP accountable for its actions and inactions, which breached Ms. Hudson’s and other members’ Charter rights and failed to ensure the police force is an environment free of racism.
If you work or worked for or with the RCMP and believe you may qualify as a class member, please complete the online form below to receive updates and more information about this class action lawsuit.
French information on this proposed class action for racism in the RCMP can be found on the Klein Avocats Plaideurs Inc. website. Klein Lawyers LLP and Klein Avocats Plaideurs Inc. are co-counsel in this case.
RCMP Racism Class Action Updates
- July 7, 2020: Initial Statement of Claim filed in Federal Court, marking the beginning of legal proceedings against the RMCP.
- July 9, 2020: Court assigns Justice McDonald as Case Management Judge and precludes other class actions from being filed in Federal Court on the same matter.
- July 13, 2020: Klein Lawyers issues a press release regarding the class action lawsuit filed against the RCMP alleging widespread systemic racism and detailing the devastating consequences it has had on racialized individuals across Canada.
- July 14, 2022: Amended Statement of Claim filed to include a systemic negligence claim and additional details regarding RCMP policies, code of conduct, and discrimination practices.
- January 10, 2023: Justice Zinn denies the RCMP’s motion to stay the class action lawsuit, affirming the case’s ability to proceed.
- February 20, 2024: Federal Court of Appeal upholds Justice Zinn’s decision, dismissing the RCMP’s appeal.
- July 2, 2024: Further Amended Statement of Claim filed as well as a motion to include additional evidence, such as new expert reports and affidavits from potential class members.
- September 12, 2024: Federal Court hearing to decide on the motion to file additional evidence. Judgment is pending.
Current Status: Klein Lawyers is awaiting the court’s decision regarding the additional evidence motion. Once resolved, we will negotiate a timetable for the remaining steps leading to a certification hearing in Vancouver.
If you wish to stay updated on the progress of the RCMP Racism Class Action, please complete the confidential online form.
What Is the RCMP Class Action Lawsuit About?
The class action lawsuit against RCMP alleges that racialized individuals who currently work or formerly worked for or with the RCMP were subjected to widespread systemic racism, including racism and racist acts based on race, national or ethnic origin, colour, or religion.
The lawsuit contends that non-racialized members of the RCMP and its management harboured and perpetuated these practices, thereby violating the Charter rights of racialized individuals and failing to ensure that they could serve their country in a workplace free of racism.
The allegations include explicit racist comments, discriminatory workplace practices, unequal career opportunities, and a systemic failure to enforce policies designed to prevent discrimination. The RCMP’s paramilitary culture has been identified as a key factor in fostering an environment where authority is abused and accountability is lacking. The RCMP Racism Class Action Lawsuit seeks accountability for these injustices and compensation for those impacted.
If you believe you were affected, complete the confidential online form below to learn more and join the effort.
What Is Meant by “Racialized Individuals”?
The term “racialized individuals” refers to individuals who are protected under the Canadian Charter of Rights and Freedoms from discrimination based on race, national or ethnic origin, colour, or religion. These protections affirm their right to equality and freedom from prejudice in workplaces, including the RCMP.
What Is Meant by “Racism & Racist Acts”?
The lawsuit alleges that racialized individuals were subjected to “racism and racist acts.” This means that they were treated differently by their non-racialized RCMP colleagues and RCMP management and faced both overt and systemic racism.
Examples of this treatment include, but are not limited to:
- Explicit and demeaning comments made about their race, national or ethnic origin, religion, and/or colour
- Implicit and explicit comments dismissing their ability to carry out their duties because of their race, national or ethnic origin, religion, and/or colour
- Non-racialized members of equivalent rank/experience receiving greater accommodation on sick leave, vacation requests, shift changes, and transfer requests
- Non-racialized members of equivalent rank/experience assigned to more complex, high-profile files and tasks, receiving better career training, education, counselling and mentorship, receiving more positive performance reviews, and being more likely to be considered for promotion.
These actions had a demeaning and humiliating effect on and/or created systemic barriers to career advancement and professional development for racialized individuals.
How Long Will the RCMP Racism Class Action Lawsuit Take?
Class action lawsuits are complex and often take years to resolve. Significant milestones include certification, evidence discovery, and, potentially, settlement negotiations or trials. While progress may seem slow, Klein Lawyers is committed to pursuing justice and systemic change on behalf of class members.
How Can I Join the RCMP Racism Class Action Lawsuit?
At this stage, there is no requirement to formally “join” the lawsuit or make your name public.
If you are a racialized individual who worked for or with the RCMP during the Class Period (proposed to be April 17, 1985, to April 1, 2005, and subject to exceptions and changes) and believe you may qualify, complete our confidential online form to receive updates.
Class members may have worked for or with the RCMP as a:
- Regular Member
- Civilian Member
- Special Constable
- Cadet
- Pre-Cadet
- Auxiliary Constable
- Special Constable Member
- Reservist
- Public Service Employees (including 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
An essential step in a class action lawsuit is “certification.” After a certification hearing, the court will review the proposed class action. If the court agrees that the case meets the legal test for certification, the court will permit (“certify”) the lawsuit as a class action. At that time, a definition of who qualifies as a “class member” will be decided.
Preparing for the certification hearing can take years. Information regarding the hearing dates will be posted here and emailed to those who completed the online form. Once the case is certified, eligible class members will be invited to formally join the lawsuit by registering with counsel.
Completing the online form does not create a lawyer-client relationship. It merely ensures you stay informed as the RCMP Racism Class Action Lawsuit progresses.
Join the Effort
Klein Lawyers encourages those affected by systemic racism in the RCMP to come forward. By joining the RCMP Racism Class Action, you contribute to a collective effort to demand accountability and create systemic change within the RCMP. This case embodies Strength in Numbers, where every voice matters in building a stronger, more equitable future.
Klein Lawyers LLP is one of Canada’s leading class action law firms. We have vast experience and a proven track record championing the rights of class members in many landmark cases over the last two and a half decades. We are committed to pursuing justice for those who have been harmed by systemic racism and negligence.
The RCMP Racism Class Action Lawsuit has the potential to provide justice and compensation for thousands of individuals across Canada. If you believe you may qualify as a class member, fill out the online form below to learn more and stand with others demanding accountability.
Who Is Being Sued in This Lawsuit?
The Government of Canada is the defendant in this lawsuit. Specifically, the lawsuit targets the Royal Canadian Mounted Police (RCMP) for systemic racism and discriminatory practices against racialized individuals who worked for or with the RCMP.
By holding the government responsible, the RCMP Racism Class Action seeks justice, compensation, and meaningful change. If you believe you may qualify as a class member, complete our confidential online form today to receive information and updates.
Does This Lawsuit Affect Racialized Individuals Outside British Columbia?
Yes. This lawsuit is brought on behalf of all racialized individuals in Canada who currently work or formerly worked for or with the RCMP, regardless of their province of residence. Whether you served in British Columbia, Alberta, Ontario, or any other region, this class action lawsuit applies nationwide.
Does This Lawsuit Affect French Canadians Discriminated Against Because of Their First Language?
No. This lawsuit focuses on systemic racism and discrimination based on race, national or ethnic origin, colour, or religion. Claims related to discrimination based on linguistic affiliation, such as those experienced by francophone individuals, are not part of this class action.
If you’ve experienced workplace discrimination based on your first language, you could benefit from legal advice tailored to your situation. Feel free to contact Klein Lawyers for guidance.
Does This Lawsuit Affect Individuals Who Have Been Subjected to Ageism or Sexism?
No. The RCMP Racism Class Action Lawsuit does not include claims related to ageism, sexism, or other forms of discrimination unrelated to race, national or ethnic origin, colour, or religion.
For cases of gender-based harassment or discrimination, refer to the Merlo-Davidson or Tiller class actions. If you believe your experiences align with the focus of this class action lawsuit, please complete our confidential online form to receive updates.
If I Qualified for the Merlo-Davidson RCMP Class Action or Qualify for the Tiller RCMP Class Action, Will I Also Be Able To Qualify for the RCMP Racism Class Action?
Yes. If you were eligible for compensation under the Merlo-Davidson or Tiller class actions, you may also qualify for the RCMP Racism Class Action, provided your claims involve racism or racist acts.
These other lawsuits focus on distinct forms of discrimination, so prior qualification doesn’t disqualify you here. To explore your eligibility, we encourage you to complete the confidential online form.
Does This Lawsuit Exclude Any Claims Individuals Have That Were Resolved in the Merlo-Davidson RCMP Class Action & the Tiller RCMP Class Actions?
Yes. Claims involving gender or sexual orientation-based harassment and discrimination, which were resolved by the settlement agreements in the Merlo-Davidson and Tiller RCMP class actions, are not included in the RCMP Racism Class Action. This lawsuit is specific to systemic racism and related discriminatory practices.
Does This Lawsuit Include Claims Individuals May Have in Greenwood and Gray v. HMTQ, FCTD T-1201-18 and Delisle c. R., QCCS 500-06-000820-163?
No. Claims associated with the Greenwood or Delisle (AMPMQ) class actions are excluded from this lawsuit.
Greenwood and Gray v. HMTK (Greenwood) is a class action involving workplace harassment and bullying in the RCMP that was certified by the Federal Court. Delisle (AMPMQ) et al. v HMTK is a class action involving workplace abuse of power in the RCMP for members with a connection to Quebec. It was authorized by the Superior Court of Quebec.
If you have questions about these, please consult with legal counsel.
I Have Already Filed/Was Going To File a Grievance, Lawsuit or Claim. Should I Continue With This?
You should seek legal advice with respect to your grievance, lawsuit, or other claim. Participating in the RCMP Racism Class Action Lawsuit does not preclude you from pursuing an individual grievance or legal action.
Given that class actions can take years to resolve and the definition of the “class” evolves over time, it’s essential to seek legal advice about your specific case. What we say here does not constitute legal guidance—we highly recommend reaching out to a lawyer for personalized counsel on your situation.
In addition, filling out the confidential form regarding the RCMP Racism Class Action also does not create a lawyer-client relationship. It simply allows you to receive more information and updates on this case.
What Is a Class Action?
A class action is a legal process that allows a group of people with common claims against the same defendant to combine their cases into one lawsuit. Class action lawsuits provide individuals whose voices might otherwise go unheard the opportunity to fight together for a common interest.
Class actions promote efficiency and equity in addressing widespread harm. They are Strength in Numbers epitomized. For more information on class action lawsuits, take a look at some of the cases Klein Lawyers handles.
How Many People Do You Need for a Class Action Lawsuit in Canada?
There is no specific number of people required to initiate a class action lawsuit in Canada. However, the case must demonstrate that a significant number of people share common issues that make a class action the most efficient way to resolve the dispute.
Once the class action is certified, all eligible individuals who fall under its definition are automatically included unless they opt out. If you believe you may qualify for the RCMP Racism Class Action, complete the online form to receive updates.
Who Pays for a Class Action Lawsuit in Canada?
In most cases, law firms handling class actions work on a contingency fee basis, which means they only receive payment if the case is successful. This is a further effort at equity, allowing people to pursue justice without bearing the financial burden of legal fees upfront.
In the event of a settlement or victory in court, legal fees are typically deducted from the awarded compensation, subject to court approval. Klein Lawyers is committed to seeking justice while ensuring accessibility for all class members.
Can I Join a Class Action Lawsuit in Canada?
Yes. Joining a class action typically involves meeting the eligibility criteria set by the court during certification. So, depending on your specific circumstances, you may be eligible to join a class action lawsuit in Canada.
If you believe you have been affected by systemic racism in the RCMP, you can complete our confidential online form to stay informed. Once the case is certified, eligible individuals will be notified and invited to formally join.
How Do I Know If I Am a Class Member?
Class membership is determined during the certification process, where the court defines who qualifies. If you have experienced systemic racism while working for or with the RCMP, you may be eligible. Completing the online form ensures you receive updates and clarifications about your eligibility as the case progresses.
What Are the Major Steps in a Class Action Lawsuit?
While each class action is unique, most follow these general steps:
1. Appointment of a Case Management Judge
The court will appoint a case management judge to oversee the lawsuit. This judge is responsible for managing the case and hearing arguments made by the plaintiff and the defendant(s) (the “parties”).
2. Setting the Schedule
The parties work together to set a schedule leading up to the certification hearing.
3. Certification Hearing
- During the certification hearing, the court will permit (“certify”) the case as a class action if several criteria are met, as outlined in the Federal Court Rules.
- A “representative plaintiff” is appointed to fairly and adequately represent the interests of the entire “class” of individuals included in the lawsuit.
- If certified, the lawsuit officially moves forward as a class action.
4. Common Issues Trial
Once certified, the case progresses to a “common issues” trial where issues common to all class members are tried before a judge.
5. Individual Claims Process
If the plaintiff is successful in a common issues trial, a separate process decides what issues are unique to each individual class member’s claim.
6. Settlement Negotiations
- At any point during the proceedings, the parties may choose to negotiate a settlement.
- Settlement negotiations are directed by the representative plaintiff.
- The public is notified if a settlement agreement is reached. Settlement agreements in class actions must be approved by the court before they are considered final.
7. Appeals
- Appeals, particularly related to certification decisions, are common in class action lawsuits.
- These appeals can significantly delay the resolution of the case, often for many months or even years.
A class action lawsuit is a powerful legal tool that allows people to come together to seek justice and accountability for widespread harm. Yes, the process can be lengthy and tedious, but it provides an opportunity for voices to be heard and systemic changes to be made.
How Long Does a Class Action Settlement Take?
Class action lawsuits are not simple matters. There is copious legal back and forth that can take several years to resolve. Factors such as appeals, certification challenges, and evidence discovery can all contribute to the timeline.
While progress may seem slow, Klein Lawyers is dedicated to pursuing justice and compensation for all eligible class members. There is Strength in Numbers. We’ve seen it—and that’s why we continue to fight for what is right.
“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”
“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”
“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”
“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution...”
“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”
“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”
“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”
“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”
“The proposed Class Counsel have excellent qualifications…”
“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions...”
“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”
“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services.”
“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”
“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”
“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”
“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”
