Anne Bucher  |  October 1, 2020

Category: Discrimination

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RCMP patrol car regarding the RCMP systemic racism class action lawsuit filed

Another class action lawsuit is lodging accusations of systemic racism against Indigenous people by members of the Royal Canadian Mounted Police.

Plaintiffs Shirley Meguinis-Martin and Edie Joseph filed the RCMP systemic racism class action lawsuit on behalf of themselves and a proposed Class of Indigenous civilians who were subjected to racial discrimination, abuse or harassment by members of the RCMP.

“Members of the RCMP systemically abused their power and treated Indigenous civilians differently than non-Indigenous civilians,” the RCMP systemic racism class action lawsuit states. “The impugned conduct took the form of physical assault; sexual assault; excessive use of force during arrest, mental health wellness checks, and otherwise; excessive detention and arrest; verbal abuse; and inappropriate and inadeqate responses to complaints of domestic violence.”

Class Action Lawsuit Says Crown Failed to Uphold Constitutional Obligations

Shirley and Edie claim that Her Majesty the Queen, named as the defendant in the RCMP systemic racism class action lawsuit, has a common law duty of care to act in the best interest of Indigenous people and to protect them from harm.

“The Crown’s conduct in the operation, administration, management, funding, supervision, oversight, and control of the RCMP, its members, and its detachments was systemically discriminatory, was in breach of its duty of care, and was contrary to its constitutional obligations and the honour of the Crown,” the complaint states.

Shirley and Edie also claim that the Crown’s conduct breached Class Members’ rights under the Canadian Charter of Rights and Freedoms.

According to the RCMP class action lawsuit, the Crown failed to properly fund RCMP policing services in Indigenous communities. Further, the plaintiffs allege that the Crown detains and arrests Indigenous civilians at disproportionately high rates.

“Despite having knowledge of systemic racism within the RCMP, the Crown deliberately or negligently failed to take steps to protect the Plaintiffs and other Class Members from physical, sexual, psychological, emotional and spiritual harm,” the plaintiffs allege in the RCMP systemic racism class action lawsuit.

Plaintiffs Allege Abuse and Harassment by RCMP

According to the class action lawsuit, Shirley and Edie are both considered to be status Indians within the meaning of the Indian Act and aboriginals within the meaning of section 35 of the Constitution Act.

Shirley describes several instances of discrimination, abuse and harassment that she allegedly experienced from RCMP members, including rape and assault. She claims that she was the subject of systemic racism within the RCMP and was treated differently because she is Indigenous. Shirley says she suffered extensive physical and psychological harm as a result of the rape and assault. For many years, she says she was a severe alcoholic. She also says she has been diagnosed with complex post-traumatic stress disorder.

Woman arrested in cell regarding the RCMP systemic racism class action lawsuit Edie claims she was improperly arrested at a First Nations bar by members of RCMP for allegedly disturbing the peace. She says the arresting officers used more force than reasonably necessary during the arrest. When she was taken into custody, members of the RCMP allegedly attempted to strip search her. She says she was physically assaulted when she was taken to the cell block and suffered a concussion and fractured rib.

The plaintiffs allege that Class Members have suffered a wide range of damages from RCMP discrimination, including pain and suffering, post-traumatic stress disorder, substance addiciton and abuse, loss of self-esteem, suicidal ideation, insomnia, depression, anxiety, sexual dysfunction, and loss of enjoyment of life.

As a result, many Class Members have allegedly been faced with financial burdens including the loss of past and future income and out-of-pocket costs for medical, psychological and psychiatric treatments.

The RCMP systemic racism class action lawsuit seeks general damages, special damages, punitive damages, interest, costs, and other relief the court deems just.

RCMP Plagued By Discrimination and Systemic Racism Lawsuits 

The RCMP has been hit with several class action lawsuits over allegations of discrimination. An Indigenous woman employed by RCMP says she was subjected to racism by management and colleagues.

Another RCMP class action lawsuit accuses RCMP officers of harassment and excessive use of force against Indigenous people.

The RCMP is also accused of negligence when handling cases of missing Indigenous women by family members who claim they received little to no help from the police agency after reporting the women missing.

Women who worked for the RCMP may be entitled to thousands of dollars in compensation for gender-based abuse and discrimination from the police force under the terms of a RCMP discriminaiton class action settlement.

What do you think about this RCMP systemic racism class action lawsuit? Tell us your thoughts in the comment section below! 

The plaintiffs are represented by Angela Bespflug and Janelle O’Connor of Murphy Battista LLP and by Steven Cooper and Maria Grzybowska of Masuch Albert LLP (Cooper Regel).

The RCMP Systemic Racism Class Action Lawsuit is Shirley Meguinis-Martin, et al. v. Her Majesty the Queen, Case No. T-778-20, in the Federal Court of Canada.

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7 thoughts onRCMP Systemic Racism Class Action Lawsuit Alleges Discrimination Against Indigenous People

  1. Lorie Thompson says:

    i live in Canada in a side by side apartment building A year and half ago i had called the RCMP about my 12yr old daughter missing they just laughed said they weren’t goin to help me I asked them why they weren’t going to do their job all they said was they were like seriously i felt lost and destroyed and didn’t know who or where to turn to . My daughter is fine with her grandparents now They have also came to my building being very loud so my neighbors could hear everything accusing me of stealing with my 10yr old they had video proof and when I asked then to show me the video I had proved them wrong that it was definitely not me and my daughter in the video like wow I was first embarrassed and humiliated like the whole neighborhood heard them accusing me and my 10yr old daughter as thieves making us look like bad ppl when we are not they have accused me for other things coming to my place so neighbo can think I’m a horrible person that’s deminitioning n degrading and just wrong my reputation m self being has been ruined I’m embarrassed n horrified to leave my home incase I get accused if more wrong doings that I didn’t do Count me in if you can

  2. Stephanie says:

    If I’m eligible add me to this suit
    Transgender two spirit aboriginal discrimination in the search warrant reports and throughout trial
    Pre meditated in emails False charges
    Purgery in court only one officer told the truth the others lied and the judge accepted it
    Breach of protocols on evidence
    Fabricated reports
    The lawyer made a deal with the crown behind my back and then forced me into a plea of be defenceless because I couldn’t pay the extra 12,000 he demanded during trial
    Torture during arrest and being told my son’s and wife were in seperate cells in cuffs my son’s were 1 yr and 2 years old my wife 95 lbs
    Keeping evidence in the cops pocket for 3 hrs doing illegal searches and roadside searches and warrantless searches in my car
    There is nothing legal about anything they do there the most crooked discusting form of protection and it’s a joke no one calls them they fear them and when they come for you they torture you and that’s all there is too it

    Add me if I’m eligible they deserve what comes to them

  3. Greg Muldoe says:

    I was wrongly accused,DNA testing clear me of rape charges still they still took me to court and I had witness,My lawyer tried to quit my case because he new the police were lying it came out in the trial, I don’t think they can play with peoples lives and get away with it.

  4. Greg Muldoe says:

    I was charged for a crime I didn’t do because of racism,when I was going to court the arresting officer told me in one of the side rooms that the case was a joke against me and that it wasn’t supposed to go that far put he was shipped out to Medicine Hat before he new what was going on. That case cost me $10,000.00 dollars to stay out of jail in the Supreme Court.The girl lied because she did the same thing in Burns Lake BC and received over $100,000.00 dollars

  5. manuel johnson says:

    There has to be a legitimate mechanism of decree set in place to not only recognizing systemic racism as disgraceful and dishonorable but to protect and enforce the safety of them who suffer its effects. No one should be afraid to ask RCMP for protection just because they don’t have the correct skin color. The fact that systemic racism is indoctrinated so successfully and enforced so openly. exposes our most vulnerable minority’s to lateral social defamation, of which we know leads to hateful violence perpetrated by white public and white RCMP. We need only to look at history to know how fascism convince the public that a person skin can be a legal reason to discriminate.

  6. thelma hart says:

    I would like to start a lawsuit against the RCMP, for rape, sexual abuse and I want to be compensated for raising my son all by myself because an RCMP member refused to pay child support and he denied being the father. I accepted it because of threats by him through his lawyer etc….my son is 38 years old and thriving because I just did my best and learned to live with my inner turmoil but I suffered. I’ve been waiting for other women to begin the process. I know fir certain the RCMP did horrible things to young girls, and women on Reservation.

    1. manuel johnson says:

      i admire your strength and resilience, if you have a DNA test done you will have a realy strong case.

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