Six female police officers who are proposing a class-action lawsuit against 13 British Columbia municipal police forces for bullying, discrimination, and sexual harassment are taking their fight to the B.C. Appeal Court. They aim to overturn a lower court's decision that their case should be handled through union grievances rather than the court system.
Background of the Case
The proposed class-action lawsuit was filed in 2023 against police boards, municipalities, the Police Complaint Commissioner, and the province. In October, a Supreme Court judge ruled that the court lacked jurisdiction to hear the case, directing the officers to pursue their claims through labour arbitration.
Arguments from the Officers' Lawyer
Kyle Bienvenu, the lawyer representing the officers, argued that the lower court made several errors in sending the issue to a labour arbitrator. He emphasized that union grievances are not an adequate remedy for systemic discrimination and harassment.
Outside the court, plaintiff Lauren Phillips, a former officer with the New Westminster Police, stated that filing union grievances or complaints against abusers puts a "giant red flag" over the officers involved. She argued that relying on unions or oversight agencies leaves many women in policing exposed to further abuse or retribution, especially when male officers lead the union. "It's just more deferral of blame," she said.
Opposing Viewpoints
Jill Yates, a lawyer for the Surrey Police Service, cited several similar cases that were resolved through labour arbitration, including those involving police departments and Charter challenges. She acknowledged that a union may not choose to grieve every case or protect all members, but maintained that "that doesn't mean the issue belongs in the courts."
Allegations in the Lawsuit
The original lawsuit includes reports of unwanted sexual touching and comments, posting of graphic and misogynistic photographs and drawings of penises in the workplace, routine jokes about oral sex, being called "hot mama" or told they had "child-bearing" hips. One officer alleged she was asked to wait on other officers and stock the cooler with beers.
As recently as three years ago, Vancouver police Const. Anja Bergler, one of the plaintiffs, said her photo was included in a parody of an official poster that hung in a VPD forensic identification unit for 12 days. The poster, referring to officers having to obtain penile swabs from sexual assault suspects, was tagged with the line "swabbing penises for over 100 years," even though women are never assigned that duty.
Impact on Female Officers
Phillips noted that it is "one hundred per cent" difficult for women, especially in smaller forces but even in larger ones, due to attitudes that demean them and limit their careers. She said she put her name forward as one of the six representative plaintiffs so that officers would not have to file individual complaints.
The appeal hearing is ongoing, and the court's decision could have significant implications for how systemic discrimination cases are handled in British Columbia.
