The Ontario Court of Appeal in Rivers v. Waterloo Regional
Police Services Board has upheld the Superior Court of
Justice's determination that it was without jurisdiction to
hear a proposed class action on behalf of current and former female
officers with the Waterloo Regional Police Service against the
Waterloo Regional Police Services Board and the Waterloo Regional
Police Association. The claim alleged systemic genderbased
discrimination, Charter breaches, and sexual harassment by male
members of the Service, over a 30-year period.
The Superior Court followed prior decisions in confirming that
the putative class members were bound by their respective
collective bargaining agreements, which provided for binding
arbitration, as codified under the Police Services Act. For a more
detailed analysis of the lower Court's decision.