Shannon Kari (National Post) – The Ontario Court of Appeal has granted the federal government a temporary reprieve in its ongoing legal battle with rank-and-file RCMP officers seeking the right to form a union.
A lower court ruling that struck down a section of RCMP regulations prohibiting officers from forming a union, was supposed to take effect next week. It would have allowed two associations representing over 2,000 officers in British Columbia and Ontario to take steps immediately to try to negotiate a collective agreement.
The Court of Appeal agreed with a request by the federal government at a hearing Monday morning and imposed a further delay. The lower court ruling will not take effect until 30 days after the Supreme Court of Canada issues a decision,expected this fall, in a case involving the rights of farm workers to unionize.
In granting the delay though, the Court of Appeal imposed conditions that will allow the BC and Ontario associations greater access to RCMP members to lobby them about the benefits of a union.
“This is one way of levelling the playing field,” explained Justice Kathryn Feldman, on behalf of the three-judge Court of Appeal panel.
The RCMP must allow the associations access to the internal e-mail system to contact members, “without interference,” said Judge Feldman. As well, the associations must be permitted to meet with RCMP officers at their place of employment, the court stated.
Laura Young, a Toronto lawyer representing the associations seeking to form a union, said that while she argued against a further delay, her clients are pleased with the greater access to RCMP officers. “It will be much easier to communicate with the membership. This is very important,” said Ms. Young.
RCMP officers are presently represented by “staff relations representatives” who deal with management. An Ontario Superior Court ruling issued in April 2009, found that this was not an “independent” bargaining process and that it violated the Charter of Rights to prohibit RCMP officers from forming a union. The judge delayed his ruling from taking effect until October 6 of this year.
The federal government introduced legislation this summer to permit collective bargaining by RCMP officers. But it was announced just hours before the summer recess and it will not be enacted by the October 6 deadline.
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