The Supreme Court of Canada is seen at sunset in Ottawa, Tuesday Sept. 1, 2020. THE CANADIAN PRESS/Adrian Wyld

The Supreme Court of Canada is seen at sunset in Ottawa, Tuesday Sept. 1, 2020. THE CANADIAN PRESS/Adrian Wyld

Supreme Court of Canada sides with women in RCMP pension dispute over job-sharing

The women said the RCMP pension plan breached their equality rights under the charter

Women who took part in the RCMP’s job-sharing program while raising young children were unfairly denied the chance to bolster their pensions, the Supreme Court of Canada has ruled.

In a 6-3 decision Friday, the high court accepted the arguments of three mothers who worked reduced hours on the national police force in order to devote time to their children.

The women said the RCMP pension plan breached their equality rights under the charter by denying them the benefit of accruing full-time pension credit for periods when they temporarily worked reduced hours for family reasons.

They pointed out that under the plan, RCMP members can accrue pensionable service during leaves of absence, such as maternity, sick or education leaves, provided the member pays both the employer and employee contributions for the leave period.

But members who temporarily reduce their hours of work see their pensions diminished, as they are not given the option of “buying back” full-time pension credit for the hours not worked.

Joanne Fraser, Allison Pilgrim and Colleen Fox, all now retired from the force, were unsuccessful in the Federal Court and in a subsequent appeal, but the Supreme Court agreed to hear their case.

In its decision, the Supreme Court noted nearly all of the participants in the job-sharing program are women and most of them limited their hours of work because of child care.

Justice Rosalie Abella wrote on behalf of the majority that full-time RCMP members who job-share must sacrifice pension benefits because of the temporary reduction in working hours.

“This arrangement has a disproportionate impact on women and perpetuates their historical disadvantage,” she said, calling it a “clear violation” of their right to equality under the charter.

The decision is “a huge win for equality and women in the workplace, and in the home,” said lawyer Paul Champ, who represented the women in court.

“When I called Joanne Fraser and told her of the win, her response was, ‘It’s about time.’ I couldn’t agree more.”

Abella said it will be up to federal officials to come up with the methodology to allow full-time members who reduced their hours under the job-sharing program to buy back their full pension credit.

But she said any measures should be in keeping with the court’s reasons and apply retroactively to give the claimants in the case, and others in their position, a meaningful remedy.

Jim Bronskill, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

RCMP

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A concept of homes on Ronald Road as part of the Clark-Medd project. (Lantzville Projects Ltd. image)
Lantzville council moves along Clark-Medd project amid protest outside district hall

Council passes third readings of OCP amendment and zoning bylaw by 3-2 votes

Police executed a search warrant at a residence on Nicol Street in September 2017 in relation to a murder investigation. John Albert Buchanan was charged with second-degree murder. (News Bulletin file)
Murder trial begins in case of man who was beaten and died in Nanaimo’s south end

John Albert Buchanan charged with second-degree murder after 2017 incident on Nicol Street

A jail cell at the Nanaimo RCMP detachment. (News Bulletin file photo)
Woman reports she was injured by Nanaimo RCMP while being jailed

Independent Investigations Office of B.C. looking into Oct. 1 incident

B.C. Ferries has a mandatory mask policy on vessels and at terminals. (News Bulletin file photo)
UPDATE: No tickets for anti-maskers on B.C. Ferries

West Van Police say their intention was to ‘keep the peace’ after being called to terminal

Steven Michael Bacon pleaded not guilty to a charge of first-degree murder of Nanaimo teen Makayla Chang. (Photos submitted)
Accused pleads not guilty in Nanaimo teen’s 2017 murder

Steven Bacon appeared in Nanaimo court Monday via video link from Thunder Bay

Working smoothly together on May 11, 2020, health minister Adrian Dix, B.C. Liberal health critic Norm Letnick, provincial health officer Dr. Bonnie Henry and sign language interpreter Nigel Howard. (B.C. government video)
COVID-19 co-operation a casualty of B.C.’s pandemic election

NDP’s Horgan weaponizes senior care, B.C. Liberal Wilkinson calls for ‘wartime economy’

A 34-year-old man was treated for a gunshot wound in Williams Lake Monday, Oct 19, 2020. (Angie Mindus photo - Williams Lake Tribune)
Williams Lake man treated for gunshot wound after accidental shooting: RCMP

Police are reminding residents to ensure firearms are not loaded when handling them

A injection kit is seen inside the newly opened Fraser Health supervised consumption site is pictured in Surrey, B.C., Tuesday, June 6, 2017. THE CANADIAN PRESS/Jonathan Hayward
B.C. records 127 fatal overdoses in September, roughly 4 each day

Vancouver, Surrey and Victoria continued to see the highest numbers of overdoses

Candidates in the Nanaimo riding include Kathleen Jones, B.C. Liberal Party, top left; Sheila Malcolmson, NDP; Lia Versaevel, Green Party. (Photos submitted/News Bulletin photo/Elections B.C. image)
B.C. VOTES 2020: Nanaimo candidates

Provincial election candidates discuss their priorities in their own words

Candidates in the Nanaimo-North Cowichan riding include Chris Istace, B.C. Green Party, top left; Duck Paterson, B.C. Liberals; and Doug Routley, NDP. (Photos submitted/Elections B.C. image)
B.C. VOTES 2020: Nanaimo-North Cowichan candidates

Provincial election candidates discuss their priorities in their own words

Candidates in the Parksville-Qualicum riding include Rob Lyon, B.C. Green Party, top left; Don Purdey, Conservatives; John St. John, independent; Michelle Stilwell, B.C. Liberals; and Adam Walker, B.C. NDP. (Photos submitted/Elections B.C. image)
B.C. VOTES 2020: Parksville-Qualicum candidates

Provincial election candidates discuss their priorities in their own words

Investigators work at the Sagmoen farm in Silver Creek. - Image credit: Observer file photo.
Sex workers allegedly called to farm of Okanagan man convicted of assault, RCMP investigating

Curtis Sagmoen, convicted in relation to assault of sex trade workers, is prohibited from soliciting escorts

(Black Press Media files)
Early voters more likely to favour NDP, but overall B.C. election is tightening: poll

According to Elections BC, 383,477 people cast a ballot during advanced voting days

(Pixabay)
Wave of racist emails ‘unleashed’ on B.C. researchers investigating racism in health care

The team has received close to 600 calls and emails since the investigation started in July

Most Read