Harassment Complaints and officers searching for gold…

It would be easy to speak to the nonsense that continues in Surrey and the shenanigans of Mayor Locke, or the fact that our Prime Minister has revealed himself to be a “Swiftie”, and is apparently devastated by the fact that Taylor isn’t scheduled to appear in Canada this year– but those topics are too easy. They are the types of subjects that are repeatedly proving themselves too easy to poke fun at and there is no challenge in it. And It’s summer, so one’s thoughts should be filled with images of sand, sun and warm rays. Nevertheless the ridiculousness continues to keep washing over us, as much as we try to not watch the news or listen, we are being inundated by the blarney.

So lets talk about sexual harassment and harassment complaints in the RCMP. Nothing like a good debate on sexual harassment to kill the beach boys vibe. It is a serious issue to be sure, but one which the RCMP, or more specifically the Liberal government has managed to turn into another three ring victim compassion circle. As is often the case, my interest and then my incredulity, was spiked by a recent CBC article. By the way, should you ever wish to get riled up, the CBC is usually the best place to start, as they are continually searching the world over, for the next victim, the next devastated community, the next world crisis which is forcing us to the brink of extinction. In terms of the story in question, one has to suspect that when they ran this sexual harassment story, they were clearly having a slow day, or were maybe more concerned with the current campaign by the Liberals to try and get Facebook to pay them for putting their television news clippings on their website.

The CBC story begins with the usual flabbergasted proclamation in the headline, that the Independent Centre for Harassment Resolution is, god help us all, backlogged. Justice is not being done, justice is on hold, victims, and their lawyers are forced to wait long lines, bureaucratic stalemates are everywhere. The CBC voiced their outrage, and then they needed to go find a couple of prattling victims to outline and demonstrate these nefarious examples of injustice.

First, one needs to remember that the RCMP has already paid out $125 million to 2,304 female officers who made claims of being sexually harassed or abused over the last thirty or so years; this averages out to $54,253.47 paid out per complainant. That was in 2016. Then, a few years later they then paid out another $100 million to female employees who were in “non-policing roles” with the RCMP. But that was clearly not enough for the liberal gods of outrage.

On June 30th, 2021 the government and the RCMP then created the Independent Centre for Harassment Resolution. This was another bureaucratic group that was going to act as an “investigative” body to deal with the apparent and rampant ongoing harassment that was taking place daily in the misogynistic RCMP. They have proven to be too popular. Since opening their doors, they say they are now dealing with “hundreds of sexual assault and harassment complaints”. This has led to “long delays”, and now having to apologize due to the fact that in their initial mandate they were claiming that the time line for any complaint was going to be a maximum of 12 months.

In their current reporting the ICHR says that in the two years of their existence, they have now received 940 notices/complaints– 165 in this year alone. They have completed 325 investigations to date, and at least 71 are still awaiting the assignment of an “investigator”. Of course because of this deluge of discontent, they are now not able to stick to their 12 month timeline.

These numbers seem high. Is it possible that this has become another place where the ever sniffing Mounties have picked up the scent of gold. Has this become another Veterans Disability pot of shiny substance, where certain members, who are willing to abuse the system, are now also lurking in great numbers? I realize some people may take offence at this proclamation, that this will be seen as a damning indictment which aims at the honesty and credibility of the officers involved. I will apologize in advance, to those with legitimate claims. However there is a great deal of anecdotal evidence, a great deal of smoke, of this simply being the latest pot at the end of the rainbow. This has excited the less than scrupulous officers, who we all know are out there.

Of course, we are not allowed to look in, all of the files are guarded by Privacy “concerns”, so we will never know the true extent of fraudulent claims, unless someone on the inside speaks out. But, no worries, the CBC is an expert in seeking out the victims and have enticed some to come forward to at the very least, provide the nature of their complaint.

The example provided by the CBC concerns the case of officer Nicole Patapoff, who speaks through her lawyer, Sherry Shir. Ms. Patapoff is an eight year member, who was just coming off maternity leave, so has probably six or seven years active service, and she was thus required to attend firearms qualifications at her local range to “re-qualify”. Ms. Patapoff was having troubles on the firing range, with the strength in her “trigger finger”. Now, for those that don’t know, this is a common problem, as it requires some strength to pull the trigger and hold it while maintaining breathing and control. Every time I was at the range doing the same thing, there was inevitably someone who was having problems with their trigger finger not being strong enough, or they had small hands, which made it more difficult for consistent trigger pull. Often the instructor will encourage the person to actually do finger exercises, in their off-time, to try and get it right.

The offence according to Ms. Patapoff, was that the instructor told her to go home, clean the bathroom with windex or something similar to help strengthen that trigger finger. One could only assume that he meant that by using the spray device would help build up strength, but of course that is not how Ms. Patapoff took it. She was angered, and said that the statement was “misogynistic, belittling, offensive, disrespectful, and demeaning”.

An 18 month harassment investigation ensued.

The eventual but short lived good news is that her complaint was dismissed, as not meeting the criteria under the Canada Labour Code.

Had sanity finally prevailed?

But wait, as you guessed, the madness of it all continues. There is no administrative appeal process. So, lawyer Sherry Shir took the case to Federal court and argued that the complaint was “dismissed improperly”, and launched an appeal on behalf of Ms. Patapoff.

Court documents now reveal that the original investigator has now been removed from the approved list of ICHR investigators; and earlier this month the RCMP have now agreed to assign another investigator to this case. Would anyone like to guess what the new outcome will be?

They are also complaining that it is all taking too long. Amanda Nemer the Executive Director of the ICHR blames the delays on the “lack of market availability for external investigators”. One would think that you would only have to go to LinkedIn because they seem to have lists of people who advertise themselves as “investigators”. But, I will accept her explanation, as who in their right mind would want to head up this massive investigation. One must also keep in mind it took the first investigator 18 months for an investigation that would boil down to two questions. Did you say it? Is this contrary to the Canadian Labour Code?

Marco Mendocino, the Minister responsible, and quickly trying to overtake Bill Blair as the most incompetent Minister in the Liberal government, is heartened by “the rise in complaints”, that it is a “positive sign as it demonstrates the confidence that the RCMP members and employees have in this system”. So one could assume if every singe person in the RCMP made a complaint, Mr. Mendocino would interpret this to mean that everything was good because they had faith in the process.

The second case, albeit briefly mentioned by the CBC is the one involving RCMP officer Todd Gray. You will remember him; he is the member complaining of harassment, and one of his complaints is that he had to ride in the horse trailer while assigned and on the Musical ride. (by the way, I am told that that was a common practise when the Ride was travelling with the horses).

If these two examples are the best cases for the argument against sexual harassment and bullying, then the RCMP and this government is in some serious trouble in terms of their credibility.

The problem with all of this seems to be that the Mounties are just one group, that has come to the realization that when it comes to suing the Federal government, there are certain cases you will always win– regardless of the evidence or lack of evidence. Any suit you can bring that deals with harassment, sexual harassment, disabilities, or indigenous rights will in effect be settled– the government and the RCMP will never go to court. When anyone brings forward a case that can involve these topics, it seems to chum the waters for the circling lawyer sharks. The lawyers and their clients know that virtually all of these types of cases end with the conversation “What will it cost to make this go away?” It is now well established that the Liberal government will never be forced into a headline where they are appearing to be insensitive to these issues. Money is no object, when one needs to be seen and are being directed so as to be on the right side of good.

Unfortunately, there are certain officers who can convince themselves that any infraction or misstatement should result in compensation. I know of many cases of officers abusing the Veterans Affairs disability system, and I know many cases of officers benefitting from the sexual harassment settlements where the evidence was dubious or weak at best. It’s all anecdotal, although many officers can’t help themselves and brag about their winnings, because no one is allowed to know, and therein lies the beauty of the fraud. There is no punishment or redress for making a vexatious complaint, you simply give it a try and see if it works.

So, I am sorry Ms. Patapoff, your complaint from the outside looking in, appears ridiculous, you are wasting the resources of government. But, I also suspect that in a year or two, if you hang in there, you will get a settlement and that it will be paid out, just to have you go away. It may not amount to much in the end, once your lawyer takes their 30% however. And if you continue your policing career, prepare to get much more offended by what people say to you– it will be more offensive than someone telling you to squeeze a Windex applicator.

Photo courtesy of Paul Scott Via Flickr Commons — Some Rights Reserved