Cpl. Jill Swann, a member of the Royal Canadian Mounted Police (RCMP), sought a judicial review of a decision made on October 1, 2020, by the Officer-in-Charge (OIC) of the Federal Serious and Organized Crimes (FSOC) Group 5, assessing her suitability for a Sergeant position in Nanaimo, British Columbia.
Swann had previously filed complaints with the Canadian Human Rights Commission (CHRC) in 2016 and a civil action in 2017, alleging workplace sexual harassment and discrimination. By 2018, a settlement agreement granted Swann a priority promotion to a vacant Sergeant position on Vancouver Island.
On September 1, 2020, Sgt. Popat of the RCMP informed Swann about the FSOC Sergeant Position and its requirements.
The role involved investigating organized crime, collaborating with other police agencies, overseeing operational files, among other duties.
While Swann was the first to be invited to apply, her application was later dismissed.
Two primary issues were considered by the Court: the timing of the judicial review and the reasonability of the Decision.
The Court declined to review the application, deeming the Decision reasonable. Despite this, the Court acknowledged the harassment claims from Swann's past.
The position Swann had applied for had been filled, but she later secured another promotional role.
The Court awarded costs of $2,500.00 to the Respondent as agreed by both parties.
