NPF Files Claim Against the Government of Canada Over Fraser v. Canada Supreme Court Decision

Government Inaction Denying Part-time Female Members Pension Buy Back Opportunity

OTTAWA, ON, Nov. 25, 2024 /CNW/ - The National Police Federation (NPF) has filed a claim in Federal Court against the Government of Canada related to their continued refusal to provide predominantly female RCMP Members who temporarily worked part-time due to caregiving responsibilities the ability to buy back pensionable service, as addressed by the Supreme Court of Canada in Fraser v. Canada (Attorney General) in 2020.

"Many of our Members are still waiting on the RCMP to have the ability to offer and approve their buyback requests for periods where Members temporarily worked reduced hours to fulfill their childcare obligations," said NPF President and CEO Brian Sauvé.

"Almost all of these Members were women who reduced their hours for different reasons – some to care for young children, others have a child with a disability who required additional support, and some were single parents. In many cases, they were working in rural and remote communities away from their families, where childcare options were limited."

While RCMP Members who formally enrolled in a similar "job-share" program have been allowed to buy back their pensionable service, Members who temporarily worked part-time without job-sharing have not, despite there being no meaningful difference between job-sharing and part-time work. RCMP pensions are administered and governed by the federal government. The NPF asserts that the Government of Canada has adopted an interpretation of Fraser that is irreconcilable with the Supreme Court's decision, which perpetuates the gender discrimination that the Supreme Court ordered the RCMP to correct, and which the RCMP wishes to correct but lack a mechanism to do so.

"Unless government resolves this injustice, these female Members will retire with lower pension entitlements than their male colleagues. This is unacceptable and must be rectified by Government."

Flexible job arrangements, such as temporarily reducing hours through part-time work, are critical to recruiting and retaining women in the RCMP. To support the RCMP in remaining an employer of choice regardless of gender identity, the NPF is calling on the Government of Canada to address this issue immediately, and allow Members who temporarily worked part-time due to caregiving responsibilities the opportunity to buy back pensionable service. 

"We have been advocating on behalf of the affected Members and have made numerous attempts to address this issue formally and informally with the Government of Canada and the RCMP over the last four years," said NPF President and CEO Brian Sauvé. "But the Government of Canada has continually rebuffed these efforts. In doing so, they have continued to breach affected Members' Charter rights."

This issue stems from the 2020 Supreme Court of Canada decision in Fraser v. Canada (Attorney General) that found the RCMP's federally mandated pension plan perpetuated women's economic inequality and was "discrimination reinforced by law". Given its findings on the discriminatory impact on women, the Supreme Court found that the Government of Canada had violated section 15 of the Canadian Charter of Rights and Freedoms ("Charter"), which entitles all individuals to equality before and under the law without discrimination. The Supreme Court directed the RCMP to facilitate the process through which affected Members could buy back their pensionable service for periods where they worked reduced hours to care for their families.

While 2024 marked the four-year anniversary of this decision, to date the Government of Canada has failed to comply with the Supreme Court's order in Fraser prompting this action from the NPF. We look forward to working with the federal government and the RCMP to ensure all Members receive the entitlements they deserve.  

Relevant Court Filings:

Read the National Police Federation's claim here: https://npf-fpn.com/app/uploads/securepdfs/2024/11/T-3229-24-NPF-Court-Filing.pdf

About the National Police Federation: 

The National Police Federation (NPF) represents ~20,000 RCMP Members serving across Canada and internationally. We are the largest police union in Canada. The NPF is focused on improving public safety for all Canadians, including our Members by advocating for much-needed investment in the public safety continuum. This includes investments in police resourcing and modern equipment, as well as social programs including health, addiction, and housing supports to enhance safety and livability in the many communities we serve, large and small, across Canada. 

SOURCE National Police Federation

Media Contact: Sarah Kavanagh, Advisor, Media Relations, [email protected] and [email protected], 604-842-6864