Canada (Attorney General) v. National Police Federation
ATTORNEY GENERAL OF CANADA
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Jena Montgomery

NATIONAL POLICE FEDERATION
- The Attorney General of Canada sought judicial review of a Board decision supporting the National Police Federation's claim that the RCMP violated labor laws by reclassifying five positions during a bargaining freeze period. - The RCMP contended that such a freeze does not restrict management rights, a position the Board rejected. - Following a 2015 Supreme Court ruling enabling RCMP unionization, the NPF became the bargaining agent in 2019 and objected to the reclassification of positions historically held by RCMP members. - The Board used a two-stage test for evaluating the complaint, focusing on changes to employment conditions and the RCMP's past practices. - The Board found the reclassification inconsistent with previous practices, violating the statutory freeze. - The AGC's review challenges the Board's interpretation and the narrow application of the "business-as-before" defense. - The Board's decision was deemed reasonable and was not overturned, with costs awarded to the NPF (amount not specified).
Federal Court of Appeal
A-205-21
Administrative law
Respondent