The British Columbia Court of Appeal has dismissed an appeal by female police officers seeking to pursue a class-action lawsuit against municipal police forces over sexual harassment and discrimination. The court ruled that such claims must be addressed through union grievance processes, upholding a lower court decision.
Court Upholds Union Grievance Process
In a unanimous decision, the B.C. Court of Appeal agreed with the B.C. Supreme Court that the proposed class action fell under the exclusive jurisdiction of labour arbitration. The appellate panel, led by Chief Justice Leonard Marchand, found no error in the lower court's reasoning.
Plaintiffs' Arguments Rejected
The six representative plaintiffs, including former officer Lauren Phillips, argued that the class action was necessary to address systemic institutional negligence and structural discrimination. They contended that the dispute was not merely about working conditions but about a poisoned police culture that required court intervention.
Chief Justice Marchand acknowledged the compelling nature of their arguments but stated that the law grants arbitrators exclusive jurisdiction over labour disputes under collective agreements. He wrote, "I have nothing of significance to add to the judge's careful analysis. I am in substantial agreement with it and would therefore dismiss the appeal."
Allegations of Systemic Discrimination
The plaintiffs alleged systemic gender and sexual orientation-based discrimination, harassment, and bullying by officers and managers across all municipal police forces. They claimed the agencies failed to prevent, investigate, or remedy the behaviour, leading to claims of negligence, breach of fiduciary duty, intentional infliction of mental suffering, harassment, civil conspiracy, breach of privacy, and violations of Section 15 of the Charter.
Legal Context and Implications
The officers argued that a class-action lawsuit was the only way to ensure accountability due to their vulnerability as female police officers. However, the court emphasized that the grievance process is the appropriate forum for such disputes under union contracts. The decision was concurred by Justices Harvey Groberman and Joyce DeWitt-Van Oosten.
This ruling reinforces the primacy of collective bargaining agreements in labour disputes, even when allegations involve systemic discrimination. The plaintiffs must now pursue their claims through individual or union grievance procedures rather than a unified class action.
