Context:

• Legal Issue: Certification of a class action for damages and other relief for regular RCMP members diagnosed with or suffering from Operational Stress Injury (OSI), excluding civilian and public service members.

Key Issues:

1. Allegations of Systemic Negligence: Plaintiffs claim RCMP's negligent implementation of Mental Health Services led to systemic obstacles and delays in obtaining diagnoses or treatment for OSIs and returning to meaningful work, amounting to discrimination against class members with mental disability.
2. Charter Claim: Alleged breach of s 15(1) of the Canadian Charter of Rights and Freedoms, claiming discrimination based on mental disability.
3. Opposition to Certification: The Attorney General of Canada opposes certification primarily on the ground that the claim discloses no reasonable causes of action.

Court's Findings:

• The court found that the Statement of Claim discloses a reasonable cause of action in systemic negligence but lacked sufficient material facts to support a claim for breach of s 15 of the Charter.
• The systemic negligence claims of Class members eligible for a disability pension are barred by s 9 of the Crown Liability and Proceedings Act (CLPA).
• Due to these deficiencies, there is no representative plaintiff to advance the interests of the Class.

Decision:

• Motion for certification was dismissed but with leave to amend.
• Due to substantial amendments required for the proposed class action to be certified, the court found it premature to decide the Defendant’s motion to stay the proceeding.

Conclusion:

• The decision highlights the challenges in establishing class actions, especially when balancing complex issues like systemic negligence and Charter claims. It underscores the necessity of detailed pleadings in class action lawsuits and the hurdles in certifying such actions, particularly when statutory bars like the CLPA are applicable.