Terms of Settlement - Canadian Human Rights Commission and the RCMP

Tribunal File No.: [Redacted]

CANADIAN HUMAN RIGHTS TRIBUNAL

BETWEEN:

Name of Complainant [REDACTED]

And: CANADIAN HUMAN RIGHTS COMMISSION

And Respondent: ROYAL CANADIAN MOUNTED POLICE

MINUTES OF SETTLEMENT

WHEREAS:

1. The Respondent and the Commission (Parties) have had the opportunity to discuss the issues raised in this complaint bearing Canadian Human Rights Commission (Commission) file number [Redacted] and corresponding to Canadian Human Rights Tribunal (Tribunal) file number [Redacted] (complaint);
2. Increasing diversity and representation is a key component of the RCMP's ongoing initiatives to modernize the culture of the organization;
3. The Respondent wishes to increase diversity of applicants and cadets at Depot and members of the RCMP, and acknowledges that underrepresented groups may face systemic discrimination resulting in barriers to success at Depot based on their religion, race, national or ethnic origin, and/or colour;
4. In response to a March 2019 internal audit of staffing in the commissioned officer cadre, the Respondent has put in place a detailed management action plan to, inter alia, monitor and achieve targets for diversity and develop and/or update policies while applying Gender-Based Analysis Plus (an analytical tool to assess how diverse groups experience policies, programs, and initiatives);
5. As part of implementing “Vision150”, the Respondent's strategy for modernizing its organization which began in 2018, the Respondent has developed a robust Equity, Diversity and Inclusion Strategy, with a focus on identifying and reducing workplace and service delivery barriers, racism and discrimination for Black, Indigenous and People of Colour, women, and other equity seeking groups. The strategy will ensure leadership and governance to guide clear, concrete and transparent actions; enhance mandatory education awareness and training; and focus on modernization and culture change. Near-term milestones include:
   • Accelerating take-up of the new mandatory “Cultural Awareness and Humility” course for all employees. The objective of the training is to promote understanding of the impacts of culture and identity on perceptions and actions.
   • Accelerating take-up of the new mandatory “United Against Racism” course for all employees. The objective of the Uniting Against Racism course is to help RCMP employees develop the knowledge and skills to understand racism and its roots;
   • Increasing the diversity of perspectives in the decision-making processes, including increasing representation of Black, Indigenous and/or People of Colour on selection boards, advisory boards, project boards and senior level committees.
6. As part of implementing its “Vision150” modernization plan, the Respondent is undertaking research and engaging key stakeholders, experts and employees to support the implementation of tools for the collection of disaggregated race-based data on police interactions with racialized and Indigenous peoples. This information will support an evidence-based assessment and update of RCMP policies, processes and practices to address systemic racism and other forms of discrimination;
7. As part of implementing its “Vision150” modernization plan, the Respondent is conducting a formal assessment of the impact on cadets and on organizational culture key aspects of RCMP training. The Respondent also continues to identify ways to further strengthen diversity and inclusion both within the curriculum and the training environment. In addition to existing training, such as “The Respectful Workplace” course, a new training course on cultural humility and anti-racism has been developed for Cadets and employees at Depot. As of January 2018, a specific session on human rights, harassment and discrimination has been added to the Instructional/Facilitation Techniques Course (IFTC), which is the two-week mandatory training all incoming facilitators must complete in order to deliver the Cadet Training Program;
8. As part of implementing its “Vision150” modernization plan, the Respondent plans to implement modern applicant screening tools to promote diversity and ensure candidates have the characteristics and attributes needed for policing into the future, including screening for bias, racism and discriminatory attitudes and beliefs; and
9. The Parties do not necessarily agree on all of the matters raised in the complaint, however, they have agreed to the following settlement regarding public interest remedies:
    

   Public Interest Remedies

   • 1. The Respondent will continue to collect demographic data, including disaggregated race-based data, with respect to RCMP applicants and cadets at Depot in a manner consistent with the Employment Equity Act, S.C. 1995, c. 44 (the “Demographic Data”).
   • 2. The Respondent will share with the Commission the Demographic Data for the past five (5) years and on a yearly basis for the next five (5) years. The Respondent agrees to share the Demographic Data with the Commission within 30 days of receipt of the Commission's letter indicating its approval of this settlement.
   • 3. The Respondent will share with the CHRC the RCMP EDI Report. The RCMP Equity Diversity and Inclusion Priorities outlines the results achieved in the EDI space relative to priorities and objectives established for a fiscal year. It updates on key initiatives to promote employment equity, general developments and progress made toward longer-term EDI outcomes. The Respondent will also continue to update the Vision150 Tracker: https://www.rcmp-grc.gc.ca/vision150/tracker-suivi-eng.htm.
   • 4. The Respondent agrees that the RCMP will review this data annually with a view to identifying possible obstacles to the successful recruitment and retention of racial minority applicants and cadets, identifying possible obstacles to the successful completion of the Depot training program by racial minority cadets, and determining whether reasons for the failure or attrition of applicants and/or cadets vary significantly across racial groups.
   • 5. The Respondent agrees to engage a human rights specialist, agreed to by the Commission, to provide education and training to Depot staff – including facilitators, evaluators, and instructors – in regard to unconscious bias, anti-discrimination, and anti-racism.
   • 6. The Respondent agrees that individuals will continue to be able to communicate directly to the Cadet Resource Liaison their concerns with respect to discrimination they experience and that the Cadet Resource Liaison will have the authority to make recommendations to the Commanding officer of Depot. The Commanding officer of Depot will consider these recommendations.
   • 7. The Respondent agrees to assess the racial diversity of its current training staff and to explore increasing the diversity of Depot instructors to better reflect the diversity of Canadian society (including adequate representation of Black and other racialized individuals), on an ongoing basis.
   • 8. The Respondent agrees that the Commanding Officer's Diversity Advisory Committee's mandate will be updated by reviewing and addressing services and support for visible minority cadets in consultation with a human rights specialist agreed to by the Commission. The Respondent agrees to develop a plan for updating the terms of the Committee's mandate to include this function within six months of receipt of the Commission's settlement approval letter, subject to varying this timeline on mutual consent of the Respondent and the Commission. The Respondent agrees to share this plan and the updated mandate terms of the committee with the Commission.
   • 9. The Respondent agrees to engage a human rights specialist, agreed to by the Commission, to review and amend its current list of questions for cadet exit interviews, and to consider including additional questions concerning the challenges or obstacles faced during training, the perceived fairness of the training received, as well as any measures that could have been put in place to prevent the termination of visible minority cadets. The Respondent agrees to conduct this review within six months of receipt of the Commission's settlement approval letter, subject to varying this timeline on mutual consent of the Respondent and the Commission. The Respondent agrees to share this plan and the updated list of questions with the Commission.
   • 10. The RCMP shall ensure that a copy of its policy and procedures related to discrimination and harassment are provided to each cadet, as part of the welcome kit, upon arrival at the Depot. The kit should also include a statement that discrimination and harassment will not be tolerated at the Depot, an explanation as to whom complaints/concerns of this nature can be reported, and that there will be no negative consequences for those who report. This measure shall be implemented on an ongoing basis.

   General Conditions

   • 11. The Parties agree that this settlement is entered into without prejudice to either party and without any admission or liability or wrongdoing on the part of the Respondent with respect to the allegations in the complaint.
   • 12. The Parties acknowledges participating in the settlement of the systemic aspects of the complaint voluntarily, without threat or pressure, and in full understanding of the terms that have been agreed to, having received independent legal advice.
   • 13. The Parties may execute this settlement in any number of counterparts and all such executed counterparts taken together will constitute one and the same Minutes of Settlement. A signature of this settlement by facsimile is deemed as valid as an original signature. An electronic signature of this settlement transmitted in Portable Document File (PDF) format or by electronic mail (e-mail) is also deemed as valid as an original signature.
   • 14. The Parties agree that this settlement shall not take effect until the terms of the settlement are approved by the Commission pursuant to Subsection 48(1) of the Canadian Human Rights Act. In the event that the Commission does not approve the terms of the settlement, this agreement shall be considered null and void.
   • 15. The Parties understand that once the Commission approves the terms of the settlement, within ten (10) days the Legal Services Division of the Commission will inform the Tribunal of the approval.
   • 16. The Parties understand that, once approved, the Commission will monitor the terms of the settlement to ensure that the terms are carried out as stated in these minutes.
   • 17. The Parties agree to make this settlement public.
   • 18. The Parties acknowledge that, if these minutes of settlement are approved by the Commission, the approved settlement may, on application to the Federal Court by any of the Parties, be made an order of the Federal Court for the purpose of enforcement, pursuant to subsection 48(3) of the Canadian Human Rights Act.
   • 19. The Respondent hereby waives any and all claims against the Canadian Human Rights Commission and any person acting on behalf of or under the direction thereof, for anything done or said in good faith, arising from or connected to (directly or indirectly) the processing of the complaint [redacted] under the Canadian Human Rights Act, and the Canadian Human Rights Commission's participation during this mediation.
   • 20. This settlement is in full and final resolution of the public interest issues raised by the Commission in the context of this complaint. The Parties recognize that the Complainant retains the right to raise public interest matters, or seek public interest and/or other remedies before the Tribunal in the context of this complaint. This agreement does not prevent the Complainant from pursuing this complaint before the Canadian Human Rights Tribunal, including seeking individual remedies and/or other public interest remedies. The Parties also recognize that this settlement does not preclude the Commission from participating in the hearing of this matter, for purposes other than the pursuit of public interest remedies.
   • 21. The Parties consent to these Minutes being filed with the Canadian Human Rights Tribunal. The Parties agree to the Canadian Human Rights Commission filing this agreement with the Tribunal in the context of this complaint.

AGREED TO BY THE PARTIES ON THE DATES AND AT THE PLACES SET OUT BELOW

These Minutes of Settlement were approved by the Canadian Human Rights Commission at ________________________________
this _________ day of ____________________ 202____
pursuant to subsection 48(1) of the Canadian Human Rights Act.

_______________________________________
Charlotte-Anne Malischewski
Deputy Chief Commissioner
Canadian Human Rights Commission

Helpful Links

• JOINT STATEMENT – RCMP commits to addressing and preventing discrimination