A proposed class action by RCMP officers may be back on track following a ruling last month.
The original claim was filed in September 2020 against the Attorney General of Canada on behalf of a proposed class of current and former regular members of the RCMP who have experienced an operational stress injury (OSI).
An OSI refers to a persistent psychological difficulty resulting from some experience members have had on the job.
The claim alleged that the Crown failed to deliver adequate and timely mental health support services to address class members’ needs.
“It is asserted that the Crown has enabled a work environment that discourages access of care by class members and suppresses acknowledgement of mental disability,” said a press release from Wagners, the law firm representing the class members.
In August 2023, a Federal Court judge dismissed the application to certify the proceeding as a class action.
The decision was made in part on the basis that class members may already be eligible to receive a disability pension from Veterans Affairs Canada for their OSIs, barring the class action under the Crown Liability and Proceedings Act.
The same judge also ruled that because three proposed representative plaintiffs were receiving such a pension, they couldn’t lead the action.
On Sept. 29, the Federal Court of Appeal overturned that earlier decision, finding the allegations made by the plaintiffs were legally sufficient and didn’t completely overlap with the Veterans Affairs pension scheme.
The case has now been returned to Federal Court to complete the certification hearing.
The representative plaintiffs, David Combden, Kelly McQuade and Graham Walsh issued a statement calling the victory an important step toward “creating a more supportive environment for the staggering number of members suffering from PTSD and psychological impairments.”
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