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B.C. police women want lawsuit, not labour arbitration, over alleged discrimination
The officers say the allegations involve a systemic policing culture and collective claims that should proceed in court, not labour arbitration.
On Monday, female police officers asked the British Columbia Appeal Court to certify a class-action lawsuit against municipal forces for systemic harassment and gender discrimination, seeking to move claims beyond individual labour arbitration.
The Supreme Court ruled last year that it lacked jurisdiction over certain claims because they arose under collective agreements, a jurisdictional hurdle that labour arbitrators are mandated to handle.
Officers' lawyer Kyle Bienvenu argued the case involves "discrimination caused by a system that is designed to fail," while Surrey lawyer Jill Yates countered that "binding" law mandates these claims belong before a labour arbitrator.
A court ruling favoring the officers could shift discrimination claims from labour arbitration to public courts, potentially enabling systemic accountability; upholding arbitration would confine remedies to existing union and grievance mechanisms.