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.