OTTAWA, May 7 /CNW Telbec/ - "Today the federal government turned its
back on front-line RCMP members," said Charles Momy, CPA President. "We are
extremely disappointed, but I cannot say that we are surprised by today's
decision to appeal a landmark Ontario Superior Court decision which found the
RCMP labour management program to be unconstitutional. This is a government
that already has rolled back promised wage increases to RCMP members, it
should come as no surprise that they would therefore oppose labour rights for
On April 6, 2009, Justice J. MacDonnell of the Ontario Superior Court of
Justice rendered a decision that found section 96 of the Royal Canadian
Mounted Police Regulations, 1988, SOR/88-36, to be unconstitutional.
Regulation 96 imposes the RCMP Staff Relations Representative Program on RCMP
members, which Justice MacDonnell concluded violates ss. 2(d) of the Charter
because it substantially interferes with the freedom of members of the RCMP to
associate for the purpose of engaging in collective bargaining.
The Court suspended the declaration of unconstitutionality for 18 months
to permit the government time to consider an appropriate response. Today the
Attorney General of Canada filed notice of their intention to appeal this
decision to the Ontario Court of Appeal.
"The RCMP legacy has been marred in recent years with a series of
scandals that have discredited Canada's national police service," said
President Momy. "This is a shortsighted decision. Providing fundamental
workplace rights to members of the RCMP would equip them to contribute in
reforming the RCMP, providing greater accountability and transparency to
Parliament, Canadians, and RCMP members."
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