Canada moved to stay Hudson’s proceeding, arguing it was duplicative of two certified class actions: Greenwood and AMPMQ. These cases address workplace harassment, discrimination, intimidation, and bullying within the RCMP.
Canada’s Argument:
Claims in Hudson, Greenwood, and AMPMQ involve similar issues.
Staying Hudson’s case would avoid duplicative litigation and inconsistent rulings.
Plaintiff’s Argument:
Hudson’s case uniquely addresses systemic racism within the RCMP, focusing on institutional systems, policies, and cultures that impact racialized individuals.
Neither Greenwood nor AMPMQ specifically addresses systemic racism.
Court’s Analysis:
Systemic discrimination (implicit misconduct) differs from the explicit misconduct addressed in Greenwood and AMPMQ.
Greenwood involves systemic negligence related to bullying and harassment but does not specifically tackle systemic racism.
AMPMQ focuses on harassment related to language and union activities, not systemic racism.
Decision:
Canada’s motion to stay Hudson was dismissed, without costs.
The court recognized the distinct nature of Hudson’s claims regarding systemic racism, which is not covered by the other actions.
Conclusion:
Hudson’s case can proceed independently as it uniquely focuses on systemic racism, ensuring access to justice and addressing specific discriminatory practices within the RCMP.
