Superior court declines to hear sexual harassment class action against WRPS

The Ontario Superior Court of Justice has ruled that it has no jurisdiction to hear a class action lawsuit against the Waterloo Regional Police Service, which accused the force of gender discrimination and sexual harassment against female members of the police service. 

Const. Angelina Rivers and Sharon Zehr — a former constable and a current officer on the force who had been on leave when the lawsuit was launched in June 2017 — were seeking $167 million, including $100 million for general and aggravated damages as well as $50 million for exemplary damages.

The families of the officers were also seeking damages of $17 million as part of the civil suit. 

In her decision Friday morning, Justice Deena Baltman ruled the officers' complaints should be handled through other mechanisms, including the existing grievance and arbitration process set out in their collective agreement.

In her written decision, Baltman wrote that matters of gender discrimination belong either before the Human Rights Tribunal of Ontario or before a labour arbitrator. 

Case raises 'serious, triable issues'

In her written decision, Justice Baltman addressed the certification of the class action and the jurisdiction of the case separately, writing "I have determined, with some regret, that this court has no jurisdiction over this dispute."

Baltman said even if the Ontario Superior Court did have jurisdiction, "the certification motion must fail because it does not identify a viable cause of action." 

Baltman acknowledged that a similar case, on behalf of 20,000 female RCMP officers, did proceed through the court system and ended in a settlement of up to $100 million.

The difference, Baltman wrote, was "unlike the plaintiffs here, those employees are not captured within a legislative framework and collective agreement that requires workplace disputes to be arbitrated."

Baltman's final remarks on the lawsuit were that Waterloo regional police "should not regard this result as a vindication of current practices."

She went on to say that "even on the limited and contradictory evidence before me, it is apparent that this case raises serious, triable issues relating to the workplace culture. The allegations are very troubling and will require close scrutiny should this matter proceed to another forum for adjudication."

Decision to be appealed

"Today's decision in no way diminishes the Board's and Police Service's commitment to provide a safe, inclusive, equitable and non-discriminatory workplace for all of its members both uniform and civilian professionals," said a statement on behalf of the Waterloo Regional Police Service Chief Bryan Larkin and Waterloo Region Police Service Board chair Tom Galloway.

"A number of ongoing workplace initiatives are in place to address systemic discrimination including the addition of the Equity, Diversity and Inclusion Officer in 2016."

The legal team representing Rivers and Zehr said Friday morning they were disappointed in the outcome, but pointed out Justice Baltman's decision wasn't about the merits of the case.

"This was purely a procedural ruling based on previous Court of Appeal rulings. We intend to appeal this decision in order to allow this case to proceed," Douglas Elliot, lead counsel for the plaintiffs, said in a news release.

He said they plan to appeal the decision.