An Ontario court has struck down a section of the RCMP Act, clearing the way for the country's 22,000 Mounties to form a union. Ontario Superior Court Justice Ian MacDonnell said the section of the act that precludes unionization is unconstitutional, "because it substantially interferes with the freedom of members of the RCMP to engage in collective bargaining." However, the decision will not take effect for 18 months, to give federal government time to consider an "appropriate response," MacDonnell said in a 38-page ruling issued Monday.
The lawsuit was launched by the Mounted Police Association of Ontario. Currently, labour relations within the force are handled by an internal staff relations representative program. Individual members speak with staff relations representatives (SRRs), who then consult with RCMP management, where the final decision rests. The RCMP argued that members, through their consultations with SRRs "make an invaluable contribution to the effectiveness of management's decisions." Justice MacDonnell said he believes the collaborations between SRRs and management are "extensive and carried out in good faith," but they remain "a process of consultation only." He characterized the staff relations program as an "entity created by management to avoid unionization." The right to strike is not an issue as most police organizations give up that right.
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