The Official Newsletter of the British Columbia Mounted...

Service Starthe

The Official Newsletter of the British Columbia Mounted Police Professional Association

Volume Eleven Issue Two Fall-Winter 2005

HighlightsPresident’s Corner .. 3

Pension Update ...... 4

For Your Info .......... 5

CPPA Update .......... 7

My Rights ............. 10

Staffing Levels ...... 12

AG’s Report ............ 7

Bursary ................ 15

Continued on page 3

Provincial Lobby DayOctober 17-18, 2005 Victoria, BC

by Pat Mehain

On October 17th and 18th, together with representatives from the BC Federation of Police,and the Vancouver Police Union I traveled to Victoria for the first provincial lobby day.

Some of you may recall that this legislative exercise was attempted last year but due to the govern-ment proroguing for the fall session it had to be cancelled. We made four presentations to overfifty (50) MLA’s and all were received positively.

Blood Legislation Currently there are no laws or legislation that allow the taking of asample of blood from someone to test for HIV or Hep C. A presentation was made to theGovernment that included legislation already in place in Nova Scotia. This legislation wouldallow a medical practitioner to take a blood sample to test for these diseases. The legislationwould protect police, fire and ambulance workers along with good Samaritans that had beenexposed. We did not receive a single negative response to this legislation and have verbal assur-ance from both Liberal and NDP MLA’s that this issue would become a priority.

Ticket revenue In early 2004 the Liberal Government agreed to return 100% of alltraffic ticket revenue back to the municipalities. Their only stipulation was the money was to beused for police and public safety initiatives. It has been learned the municipalities have not usedthe money as they were directed and the large majority use the money for general revenue. Inthe case of West Vancouver, the current city council cut the police budget by 1million dollars.They then gave the 1 million dollars in ticket revenue to the police budget to bring it back upto its previous levels. When this issue was looked at closer it was found that several cities haddone the exact same thing. It was agreed by all the MLA’s that this was a problem. The LiberalMLA’s advised they would look at drafting some sort of wording to encourage the municipali-ties to put the money where it was suppose to go. The NDP MLA’s wanted to have safe guardsincluded in any further transfers. Both sides agreed to look at this issue closer.

Drivers License Current ICBC/Motor Vehicle Act regulations don’t allow for anyone tohave a work address instead of a home address on their drivers licenses. A presentation wasmade to have a regulatory change made to amend this issue to allow police, politicians, and ju-dicial personal be allowed to use work place addresses on their licenses and insurance papers.There was no opposition to this issue and a change is expected forthwith.

Regionalization For the past several years there has been talk of a new Regional or Provincialpolice force. The Liberal government at the time appeared to be ready to regionalize the lowerIsland and the Lower Mainland. Neither happened. The BCFED has again presented this issue to

2 the Service Star Fall-Winter 2005

The Service Star is produced andpublished by the B.C. Mounted PoliceProfessional Association (BCMPPA).

Articles appearing in this publicationmay be reproduced with the appropriatecredit being given to the author.

The opinions and comments expressedin The Service Star are those of thewriters and are made without prejudice.They are not necessarily the position ofthe BCMPPA or its Executive.

BCMPPA EXECUTIVE:President: Patrick MehainVice President: Rob CreasserTreasurer: Gregg HowmannSecretary: Yvonne EversonDirectors: Brendan McKenna

Al RoyDan Sandhar

BCMPPA CONTACTS:#216-20465 Douglas CrescentLangley, B.C. V3A 4B6Phone: (604) 460-6402Toll Free: 1-866-530-4720Fax: (604) 460-6403Toll Free Fax: 1-866-530-4738

website:www.bcmppa.com

Our MissionThe B.C. Mounted Police ProfessionalAssociation is comprised of regular andcivilian members of the Royal CanadianMounted Police.

We provide a forum to identify, debateand reach consensus on professional andemployment concerns.

We seek the right to engage in free collectivebargaining with our employer, a right enjoyedby all police officers in Canada, except theRCMP. We do not seek or support the rightto strike.

We strive for excellence in our conduct andobligations. We provide leadership, in affilia-tion with the Canadian Police Association, onjustice issues which affect the quality of lifeof all Canadians.

ProfileThe B.C. Mounted Police ProfessionalAssociation used to be known as the“E” Division Members’ Association.

We are a professional association looking outfor the interests of employees of the RoyalCanadian Mounted Police stationed in BritishColumbia (“E” Division).

The BCMPPA

is a proud

member of

the Canadian

Professional

Police

Association,

which

represents

54,000 police

members.

Find the

CPPA on the

web at

www.cppa-

acpp.ca

3Fall-Winter 2005 the Service Star

President’s Cornerby Pat Mehain

Before I tackle the brief update on the As-sociation’s business in this article I would firstlike to introduce myself. This year I enteredmy ninth year of service in the RCMP. My firstposting was a five year general duty stint inSurrey. From Surrey I went to CACPP (Cana-dian Air Carrier Protective Program) and as ofJuly of this year I have transferred to IMPACT(Auto Theft Task Force).

I currently live in Coquitlam with my wifeand four (4) children. I got involved with theAssociation at a very early stage of my careeras I have always been a strong believer andadvocate of an independent labour relationssystem. Since Dan Petre’s departure from theAssociation, I have been the acting president.At our Annual General Meeting held on Octo-ber 1st in Kamloops I was officially elected tothe position. There were a couple of otherminor Executive changes. Rob Creasser hadstepped into the position of Vice- President.Dan Sandhar had stepped down as the Treas-urer but remains on the Board as a Director.The Treasurer position is now occupied byGregg Howmann. I can report to the member-ship that the Association is holding a steadycourse with no other major issues aside fromthe legal challenge to the current labour systemand the pension grab. We are still in a stablefinancial position in spite of the fact that thispast fiscal year we did not retain a surplusbecause of major expenses surrounding theupcoming legal challenge.

Unfortunately, at this time I cannot provideyou with further updates regarding the legalchallenge. We have recently sought financialhelp from the CPPA but have been refuseddue to our large surplus. If this changes theCPPA will revisit the issue and are willing tohelp us out financially. The expert evidenceand the affidavits are slowly being put together.The new date that we have been given from

our counsel is now January 2006. I can onlyhope that this will be the case.

In my short time as the President, I havebeen working closely with the BC Federationof Police (“BC Fed”) and the VancouverPolice Union. I have attended the ProvincialLobby Day on behalf of the Association andwe are planning on sending delegates to theirother meetings. As an Association we arelooking forward to having a closer working re-lationship with the BC Fed. We expect to jointhe ranks of the BC Fed as an associate mem-ber in the New Year. This relationship will giveus access to some of their resources (i.e. MediaSpokesperson) and speak with one voice forhundreds of RCMP and Municipal policemembers.

Nationally the three Associations are plan-ning on establishing a common website. Thiseffort is spearheaded by former BCMPPAPresident Mike Funicelli and we hope that thiswill be finalized also sometime in the NewYear. We have not given up on our efforts toestablish a national magazine.

As you can see there is lots of activity“behind the scenes”. Myself as well as theExecutive are open to your suggestions andcomments (negative or positive).

the current government. The majority of MLA’s we spoke with are verysupportive of this initiative. It appeared to me to be very clear that theregionalization of the Lower Island will happen sooner then later. This isan issue we all better take note of. Our labour reps and managers havefailed to inform us of ANY of these talks. If the RCMP wish to remain asthe provincial police force or even in the Lower Mainland, they need to ad-dress the critical shortage of manpower and resources. A Band-Aidsolution will not fix this problem.

Like always we will keep you informed on any developments on any ofthose issues

Continued from page 1: LOBBY DAY

“I can report

to the member-

ship that the

Association

is holding a

steady course

with no other

major issues

aside from the

legal challenge

to the current

labour system

and the pension

grab.”


Pension UpdateNo trial. No settlement.

As we reported in previous issues of thenewsletter the counsel for the federal govern-ment and the counsel representing the unionsincluding the RCMP Associations had agreedon a number of documents and evidence tobe admitted at trial which was supposed to goahead in October. In a surprising move theFederal Government had opted not to go totrial due to the admissibility of some of theevidence. Lawyers for the government are try-ing to block written evidence that wouldseriously weaken their case and to cause seri-

ous delays in our lawsuit that is already into itssixth year. During this phase of the trial, govern-ment lawyers asked the judge not to admit asevidence the 128 government documents we aresubmitting to the court, even though they concedeto the authenticity of these documents. Instead, inan apparent effort to drag out the case for years,they want us to call the authors of all the 128documents as witnesses during the trial. They alsotried to muddy the issue by claiming the funds inthe pension accounts were “notional” or “imagi-nary” and that words in the documents are “termsof art,” meaning that the word “fund,” for exam-ple, may mean two contradictory things betweentwo government officials or experts. This phase ofthe trial ended on Friday, Nov. 17, and it is ex-pected that the judge will take several weeks todecide whether to admit the plaintiffs’ documentsas evidence and to determine their purpose. It isalso expected that the judge will schedule the con-tinuation of the trial for spring of 2006.

Rest assured unlike some of the rumours circu-lating within the Force we can confirm that nosettlement has been reached with the government.A settlement would have entailed the RCMP Asso-ciations counsel as well as the counsel representingthe other parties (Armed Forces Pensioners &Annuitants Association, Public Service Allianceof Canada, Professional Institute of Public ServiceCanada, Canadian Merchant Service Guild andanother thirteen (13) associations representingfederal employees to be involved in these talks.This has not happened.

The speculation is that this move is purely po-litical. Back in the late 1990s when the Liberalfederal government wiped out the deficit with thepension surplus of 30 billion dollars Mr. Martinwas the Finance Minister. With the pending federalelection one wonders what kind of evidence wouldhave been revealed if the trial were to go ahead inOctober? We will have to wait a little bit longer tofind out.

From the Mailbox

RCMP Management Denies Request for ERT at ArmedStandoff in Chase.

The following transcript is from a radio news story aired by Mr. Jim Harrison ofCHNL Radio in Kamloops on August 22, 2005.

The BC Mounted Police Professional Association is furious at thehandling of the decision making during an armed standoff in Chase aweek ago.

Regional Chair Constable Rob Creasser he’s learned an early requestby Chase Mounties for the RCMP’s Emergency Response Team wasinitially denied. Creasser says it appears the RCMP has some “opera-tionally challenged Executives” who need to get in touch with what isgoing on at the street level, before more officers get hurt.

The Chase standoff lead to attempted murder charges against 67year old Ronald Brown, and the shooting death of neighbour MelvinPugsley.

The BC Mounted Police Professional Association says it appears theRCMP hasn’t learned anything from past incidents. Regional Chair RobCreasser says a request for an Emergency Response Team at last weeksarmed Chase standoff was first denied, and only sent after a shot wasfired at a police officer. Creasser says that there are people at higherrank making decisions that are putting RCMP members at greater riskthan they need to be. Creasser says some of the people making the de-cisions in the RCMP are out of touch…and says they’d better learnquickly or “we’ll be going to more funerals”.


For Your Information

1. Toronto Police AssociationBegins Job Action

Negotiations between the Toronto PoliceAssociation and the Police Services Boardreached a deadlock earlier this month after theboard tabled an offer which included significanttakeaways to the compressed work week,retention pay and insured benefits. The Boardwas seeking a 4-year agreement with a wageincrease of 12.75% (3.75% in the first year and3% in each of the remaining 3 years). Thecompressed work week change the employersought would require police officers in Torontoto work an extra 42 hours per year without anyadditional remuneration. The employer wantedto slash “retention pay” which was introducedback in 2002 to keep officers from leaving theToronto Police Service. The final employertakeaway involved, among other things, an80/20 co-insurance provision in respect ofbrand name drugs.

On October 11, 2005 Toronto PoliceAssociation members voted to proceed witha force-wide job action. Until negotiationsresume, police officers will be wearing differ-ent hats and will be using discretion whenproviding services.

2. New Important GovernmentInitiatives to Help Victims ofCrime

On October 20, the federal government an-nounced details of new important initiatives tosupport victims of crime: Financial assistancewill now be available for victims of crime whowish to attend the National Parole Board hear-ings of the offender who harmed them. A newNational Office for Victims has also been es-tablished to provide information and support.

3. New Ontario law onmandatory reporting of gunwounds

On September 1, 2005 the Ontario govern-ment proclaimed a new legislation which nowrequires hospitals to report to police when theytreat a person for a gunshot wound. The Man-datory Gunshot Wounds Reporting Act is the firstof its kind in Canada. It specifically requiresthat:

• Hospitals report the name of the patient, ifknown, directly to the local police service;

• The facility inform the police of its locationin the municipality, and

• Reporting be done as soon as practical with-out disrupting normal hospital operations.

Statistics for 2002-03 reveal that of the 196cased admitted to Ontario acute-care publichospitals for injuries resulting from firearms,96 were the result of assault, 69 were acciden-tal and 31 were self-inflicted.

4. Police Sector Council to lookat police resource challenges

The Police Sector Council (PSC) is a na-tional initiative to identify common humanresource challenges and to find innovative so-lutions to urgent human resource issues in thepolicing community.

It is led by a 35-member Board of Direc-tors and co-chaired by Commissioner GwenBoniface of the Ontario Provincial Police andDale Kinnear, Director of Labour Services forthe Canadian Professional Police Association.

The Council has been formed in the lightof growing national concerns about:

• a shrinking pool of potential recruits forpolicing

Financial

assistance

will now be

available for

victims of crime

who wish to

attend the

National Parole

Board hearings

of the offender

who harmed

them. A new

National Office

for Victims

has also been

established

to provide

information

and support.


FOR YOUR INFORMATION

• a growing number of applicants without theskills and abilities to meet future demands

• a disturbing trend where more and moregood candidates are lured away by otherorganizations or attracted by other careers

• shifting demographics that have createdvacancies in executive positions at ratesrarely seen in Canada, and

• a shortage of training and leadership devel-opment opportunities for the next generationof senior police leaders.

With federal funding through the SectorCouncil Program of the Department ofHuman Resources and Skills DevelopmentCanada (HRSDC), the PSC has the mandateto find solutions - sharing best practices, con-ducting leading-edge research, and building aninventory of practical tools and resources. It isthe first council to focus on the public sector.

5. Latest Crime Statistics

Statistics Canada recently published a reporton the crime statistics for 2004. Among thekey highlights are:

• Overall, the national crime rate decreasedby 1% in 2004.

• After reaching a 36-year low in 2003, thehomicide rate increased by 12% in 2004:Police reported 622 victims of homicidein 2004, 73 more than the previous year.

• In 2003, police reported a large drop incannabis incidents as a result of a climateof uncertainty within the law enforcementcommunity given the introduction of legis-lation to decriminalize possession of smallamounts of cannabis. In 2004, however therate of cannabis incidents resumed its up-ward trend with a 10% increase. Cannabispossession comprised 7 in 10 cannabisoffences.

(Extract from Juristat, Statistics Canada,catalogue no.85-002-XPE, vol. 25, no. 5)

6. Isolation Pay ends for YukonFederal Employees includingRCMP

According to an on line CBC article, theYukon is no longer considered an isolatedposting for federal government employees.The Public Service Alliance of Canada’s north-ern vice-president, Jean Francois Des Lauriers,said the cuts will amount to $200 to $300 perpaycheque, or $5,000 a year for each employee.The union representing the PSAC members isplanning on challenging this decision. Thismove will affect approximately 700 federal em-ployees in the territory including RCMP andPark Canada.

TAXES $$TAXES $$

TAXES $$FAST EFFICIENT SERVICE:Call Linda Bauchman

BC MPPA MEMBERS & Spouses* Basic Return $35.00

NON BC MPPA MEMBERS* Basic Return $45.00

(604) 888-6796Email: [email protected]


CPPA UpdateUpdates provided by Mrs. Sophie Roux CPPA Communication Officer

The CPPA held its Annual General Meetingin Winnipeg from September 1-3, 2005. Morethan 150 delegates participated to this 3-daymeeting. The BC MPPA was represented at thismeeting by Brendan Mckenna. The followingthree priorities have been chosen as priorityitems for the year to come by CPPA delegatesand board of directors.

• Reforming Canada’s Sentencing,Corrections and Parole Systems –Last AGM in Saint John, New Brunswick,Deputy Prime Minister and Minister ofPublic Safety and Emergency PreparednessAnne McLellan promised to carry out areview of Canada’s Sentencing, Correctionsand Parole Systems. In our view, this has notbeen addressed yet. This fall, the CPPAintends to meet and discuss with MinisterMcLellan her game plan to address ourconcerns.

• A National Drug Strategy –The CPPA will continue to oppose thedecriminalization of marijuana and to callfor tougher minimum sentences for thoseinvolved in grow operations. The CPPA willalso advocate for the swift passage of a newdrug impaired driving legislation which willprovide the tools and training to the policecommunity in order to better protect Cana-dians from drug impaired drivers.

• Police Officers’ Bill of Rights –The CPPA contends that in order to sustainhigh standards in policing, it is paramountthat police personnel are treated with thesame dignity and respect for their humanrights as is expected of them in dealing withothers. The CPPA is finalizing a Police Of-ficers’ Bill of Rights and will subsequentlyreview it with competent and credible legalcounsel. Ultimately the Police Officers’ Billof Rights will be advanced at the national,provincial and local levels of government.

Return of the Houseof Commons

The House of Commons resumed onSeptember 26 after a 3-month summer break.

Here is the House of Commons fall sched-ule, with a glimpse at the Standing Committeeon Justice, Human Rights and EmergencyPreparedness’ priorities. During the monthsahead, the following bills will be on theCPPA’s watch:

C-46: An Act to amend the Correctionsand Conditional Release Act and theCriminal Code• Introduced 3 times in the House of Com-

mons, this bill is the government’sresponse to a Canada-wide consultationprocess reviewing the Corrections andConditional Release Act.

• Proposes increased resources and supportfor victims of crime

CURRENT STATUS / CPPA ACTION• Passed First Reading on April 20, 2005.• CPPA supportive of the bill BUT waiting

upon the government to conduct a com-prehensive review of Canada’s Correctionsand Parole systems.

C-17: An Act to amend the Contraven-tions Act and the Controlled Drugs andSubstances Act and to make consequen-tial amendments to other Acts• Introduces the notion of issuing a

ticketing offence for any marijuana posses-sion charge under 30 grams; bring in anew scheme of penalties for marijuanagrow operations.

CURRENT STATUS / CPPA ACTION• Passed 2nd reading on November 4, 2004.• CPPA to continue to oppose the legislation.• Presentation at Justice Committee in due

time.

... it is

paramount

that police

personnel are

treated with the

same dignity

and respect for

their human

rights as is

expected of

them in dealing

with others.

The CPPA is

finalizing a

Police Officers’

Bill of Rights

and will

subsequently

review it with

competent and

credible legal

counsel.



C-16: An Act to amend the Criminal Code(impaired driving) and to make consequentialamendments to other Acts• Gives police officers access to the best available

tools that currently exist to enforce drug-impaireddriving laws and to protectCanadians against dangerous drunk drivers.

CURRENT STATUS / CPPA ACTION• Last hearing on Justice Committee’s agenda during

the week of October 17, 2005.• Article by article reading during the week of Octo-

ber 24, 2005.• CPPA to continue lobby for the swift passage of

this legislation.

S -23: An Act to amend the Royal CanadianMounted Police Act (modernization of employ-ment and labour relations)• Designed to allow RCMP members to unionize.

Currently the bill is still at second reading debate.

CURRENT STATUS / CPPA ACTION• Passed 1st reading in the Senate on February 1, 2005.• Referred to Senate Committee.• CPPA to continue to lobby Senators for the passage

of this bill.• Presentation at Senate Committee in due time.

C-53: An Act to amend the Criminal Code (pro-ceeds of crime) and the Controlled Drugs andSubstances Act and to make consequential amend-ments to another Act• Amends the Criminal Code to provide a reverse onus

of proof in proceeds of crime applications involvingoffenders who have been convicted of a criminalorganization offence or certain offences under theControlled Drugs and Substances Act.

CURRENT STATUS / CPPA ACTION• Passed 1st reading on May 30, 2005.• Referred to Justice Committee before 2nd reading

on September 28, 2005.• First hearing at Justice Committee on October 6,

2005.• CPPA to continue to lobby Members of Parliament

for the passage of this bill.

• Presentation at Justice Committee in due time.

C-215: An Act to amend the Criminal Code(consecutive sentence for use of firearm incommission of offence)• Calls for an additional sentence to be served con-

secutively to the other sentence for serious offenceswhere a firearm is used.

CURRENT STATUS / CPPA ACTION• Passed 1st reading on October 18, 2004.• First hearing at Justice Committee on October 18,

2005 – MP Daryl Kramp to be accompanied byCPPA President to present this Bill.

5-Year Review of the DNA Identification Act• Review of the DNA Identification Act.

CURRENT STATUS / CPPA ACTION• CPPA to participate in consultation process.

Proceeds of Crime Legislation FastTracked?

On October 6, lawyers from the Department of Jus-tice presented Bill C53 before the Standing Committeeon Justice, Human Rights, Public Safety and EmergencyPreparedness. They argued for the legitimacy of revers-ing the onus of proof in proceeds of crime applicationsinvolving offenders who have been convicted of acriminal organization offence or certain offences underthe Controlled Drugs and Substances Act.

The CPPA attended the committee hearing. Mostcommittee members, except NDP representatives,seem inclined to forego broader consultation and to“fast track” the enactment of this bill. The CPPA is sup-portive of this approach and will continue to monitorthe situation very closely.

Pot Legislation on the Back Burner

With a spring election looming and the tight politicaldealings between political parties under a minoritygovernment, it appears that members of the JusticeCommittee tacitly agreed to work on bills that havesome likelihood of passage before the end of this year.When reading through the lines, this could also be inter-


preted as an agreement to prioritize pieces oflegislation that are less controversial and morelikely to yield results in the House of Commons!

As a consequence, Marijuana Bill (BillC 17) does not appear on the committee’sagenda before the adjournment of the Houseof Commons for the Christmas Season.

The CPPA is obviously pleased to see thatthe pot legislation has been put on the backburner. We cannot help but think that our sus-tained advocacy work against the decriminali-zation of marijuana combined with theintrinsic political complications of this minor-ity government have worked in our favor so far!

CPPA Challenges Justice Ministercotler to Introduce MandatoryMinimum Sentences for GunCrimes

On October 18, CPPA President TonyCannavino accompanied Conservative MPDaryl Kramp before the Standing Committeeon Justice, Human Rights, Public Safety andEmergency Preparedness to present Kramp’Private Members’ Bill C-215. This Bill calls foran additional sentence to be served consecu-tively to the other sentences for serious offenceswhere a firearm is used.

The CPPA is supportive of Mr. Kramp’slegislative initiative and argued that tougherminimum sentences would send a strong de-terrent message against gun violence, and helpkeep violent offenders off our streets. Otherrepresentatives from the police community(Canadian Association of Chiefs of Police,Toronto Police Service and City of MontréalPolice Service) were also before the JusticeCommittee with the CPPA and Mr. Kramp,and all carried the same message.

Unfortunately our appeal for introducingmandatory minimum sentences for gun crimedoesn’t seem to receive unanimity among

committee members. Despite the realism of BillC-215, its survival is questionable since JusticeMinister Cotler, and Liberal and Bloc membersof the Justice Committee have clearly expressedtheir reluctance to support this legislation.

Justice Committee members will decide inthe days ahead whether more witnesses will becalled to further discuss this Bill or if they willimmediately proceed with the clause by clausereading of Bill C-215.



Off Duty Sick.What are my rights?

By Al Roy

This new section of the Service Star is intended to keep our membership informed oftheir rights when dealing with a medical condition. This first publication elaborates onstress leaves.

I myself, in the past few years, have beenaffected by a myriad of medical conditions. Ihave often found that the RCMP has a ten-dency to often lack objectivity. There is often alack of balance between the needs of themembers and the organizational needs of theRCMP.

PTSD, GERD, DIVERTICULITIS, PSO-RIASIS, LOWER BACK PAIN, PANICATTACKS and SLEEP APNEA, amongother condition,s are stress related and arefairly common among police officers.

What are the Force’s obligations?

Often times these diseases will cause mem-bers to be ODS on “stress leave” for extendedperiods of time. Ultimately, HSO (RegionalPsychologist) will request that an IME beperformed. At this point, I would strongly en-courage that members familiarize themselveswith the provisions of HSM.

HSM III.1 D.1 clearly states that: The focusof the Regional psychologist (The Force), should bebalanced between the psychological needs of the mem-bers and the organizational needs of the RCMP. Caremust be taken to ensure that members and the admin-istration of the RCMP perceive this balance.

HSM III.1.D.2 further states that : A regionalpsychologist must be objective, rigorous and impartialwhen fulfilling all functions as it would be counterpro-ductive to be viewed as an advocate for either theindividual member or the RCMP.

Prior to requesting an IME the force hasthe duty to comply with these provisions.

Employment Equity ActINTERPRETATIONDefinitions

3. In this Act, “persons with disabilities”

“persons with disabilities” means personswho have a long-term or recurring physical,mental, sensory, psychiatric or learning impair-ment and who

(a) consider themselves to be disadvantagedin employment by reason of that impair-ment, or

(b) believe that a employer or potentialemployer is likely to consider them to bedisadvantaged in employment by reasonof that impairment,

and includes persons whose functional limi-tations owing to their impairment have beenaccommodated in their current job orworkplace;

Under the Canadian Human Rights Act, itis against the law for any employer or providerof a service that falls within federal jurisdic-tion to discriminate on the basis of:

Race National or ethic originColour ReligionAge Sexual OrientationMarital status Family statusSex (including pregnancy and childbearing)Physical or mental disability (including

dependence on alcohol or drugs)Pardoned criminal conviction

For the purpose of a grievance, you wouldthereby classify as a “persons with disabilities”.

PTSD, GERD,

diverticulitis,

psoriasis, lower

back pain, panic

attacks and

sleep apnea,

among other

conditions, are

stress related

and are fairly

common among

police officers.


(1995), 24 C.H.R.R. D/506 (B.C.C.H.R.). –Cameron and Fletcher Challenge Canada Ltd.The B.C. Human Rights Tribunal held that anaffliction of panic attacks could constitute amental disability for the purpose of humanrights legislation.

Can I refuse or grieve an IMErequest?

Certainly, you can grieve on the basis thatyou feel that the request is lacking objectivityand that it may be unbalanced between thepsychological needs of the members and theorganizational needs of the RCMP. You couldalso grieve on the basis that the RCMP hasfailed to accommodate or that your rightunder HRC or EEA have been violated.

You could also refuse to be subjected toan IME, but in some rare cases you could beordered. A grievance will most certainly delaythe IME and will give you an opportunity topossibly recover from your condition or at thevery least, get better to the point that you willnot be medical out.

What are my rights if an IMEis requested?

HSM III.M.1 clearly states that with respectto Special Psychological Assessment – Obtainconsent from the member to conduct theassessment.

HSM II.1.L.1.a: A standardized approachin establishing a diagnosis will ensure that amember who has a mental condition of a cer-tain degree of severity in one part of the countrywill have the same career consequence as amember with the same condition and severityin another part of the country. Standardizationassures that career consequences of a diagno-sis are consistent, fair and clearly related to thetasks of employment so that they are fully de-fensible if challenged in court.

The independent doctor will often reportback to the RCMP and advise that you are nolonger suitable for employment. For a periodof time following, the RCMP will have a dutyto accommodate.

Failure to accomodate

As of June 30, 1998 the Canadian HumanRights Act requires employers to provideaccommodation to a person with a disability,short of undue hardship. “Undue hardship” isjudged based on factors of health, safety andcost (CHRA, s.15(2)).

Several precedent-setting cases have beenheard by the Canadian Human Rights Tribunal,most recently Koeppel v. Department ofNational Defence (June 4, 1997) and Green v. Pub-lic Service Commission of Canada, Treasury Boardand Human Resources Development Canada (June26, 1998). In both cases, the tribunal foundsufficient evidence of discrimination by failureto accommodate based on disability, andawarded compensation for lost wages andemotional hardship. In Green, the tribunalfurther ordered that, within a set amount oftime, the respondents conduct a substantialreview of their policies relating to people withdisabilities.

Undue hardship

The Canadian Human Rights Act states insection 15(2) that questions of undue hardshipshould be resolved “considering health, safetyand cost”.

An employer can establish a mechanism fordealing with questions of undue hardship byreferring to what the law says and how theTribunal and courts have interpreted unduehardship in case law.

In the case of government departments andagencies, it is highly unlikely that the test for

OFF DUTY SICK

Standardization

assures

that career

consequences

of a diagnosis

are consistent,

fair and clearly

related to

the tasks of

employment so

that they are

fully defensible

if challenged

in court.


undue hardship will be met solely by demonstrating that an individualagency does not have adequate funds to provide accommodation. Actionsmay need to be taken to identify additional funds from within governmentas a whole.

Physical or Mental Disability

Section 25 of the Canadian Human Rights Act defines disability as beingeither:• physical or mental;• previous or existing; and• including dependence on alcohol or a drug.

A disability can be either permanent (e.g., a visual or mobility impair-ment), or temporary (e.g., a treatable illness or temporary impairment whichis the result of an accident). In determining whether a temporary illnesswould be considered a disability under the Act, it is important to considerthe effects the illness is alleged to have had on the complainant’s employ-ment or ability to obtain a service, not only the nature of the illness itself.

Amendments in 1998 to the Canadian Human Rights Act require em-ployers and service providers to accommodate special needs short of unduehardship, including those of people with disabilities. While the duty to ac-commodate has long been recognized by the courts, specific reference toaccommodation in the Act clarifies both the rights of employees and theobligations of employers.

RCMP Association Concernedwith Local Staffing LevelsThe following media release was distributed through our colleagues at the BC Federation of Police Officers at theend of October. President Mehain was interviewed by CKNW 980 and Shaw Cable. Kamloops Daily News alsocovered this news release.

The BCMPPA, which represents 600 members of the RCMP in British Columbia, is concernedabout the critical level of staffing in BritishColumbia. The BCMPPA is concerned aboutpublic safety and the ability of RCMP mem-bers to provide the service levels that thepublic has come to expect. In a year where 6RCMP officers have died in the line of dutythe BCMPPA also questions the safety of itsmembers due to this lack of resources.

Staffing levels in British Columbia are dras-tically below the Canadian average and RCMP

detachments in BC are far below the BC aver-age. This situation is only going to get worse as40%-50% of the officers in BC have enoughservice that they could leave the Force todaywith a pension.

According to 2004 statistics from StatisticsCanada RCMP staffing levels in British Colum-bia lag far behind the Canadian and BCaverages.

POLICE PER 100,000 POPULATION

Canada 188 Maple Ridge 95BC 171 Poco 80Surrey 106 Vancouver 209Burnaby 116 New Westminster 178Coquitlam 86 Victoria 203

It is these obvious shortfalls that causeconcern for the BCMPPA. The ability of itsmembers to provide safe communities is ham-pered by the levels of staffing that are beingprovided. The safety of the public and policeofficers is of the utmost importance and achange in the way the RCMP deploys resourcesto BC must be initiated.

This can only be done with the help of thepublic. The BCMPPA would encourage theconcerned public to contact their elected offi-cials and request that they put pressure on theRCMP to provide adequate resources to thisprovince.

For further information or comment:Pat MehainPresident, BCMPPA 778-838-5508Rob CreasserVice President, BCMPPA 250 371-1071

Continued from page 11: SICK


Applications under the Professional Development Fund will be considered for attendance at this conference.

INTERNATIONAL ASSOCIATION OF WOMEN POLICE2006 Annual Training Conference

“Policing Tomorrow’s World”

September 17-21, 2006 Saskatoon, SK Canadawww.iawp2006.com

The Saskatoon Police Service and the Royal Canadian Mounted Police in hosting the International Association of WomenPolice annual training conference in Saskatoon, September 17 - 21, 2006. This conference will attract over 500 peaceofficers, both male and female, from around the world. In the 40-year history of the conference, 2006 will be only the sixthtime it has been held in Canada.

The conference is open to all persons involved in the law enforcement profession, whether sworn or civilian, includingreserve officers, seasonal officers, privately employed security officers, as well as individuals who actively promote the lawenforcement profession through training, development or representation.

This year’s conference theme is “Policing Tomorrow’s World” and will offer a four-track lecture format that will providepersonnel from all levels of service a varied menu of informative and educational lectures to choose from, addressing topicsrelated to operational issues, forensics, management and leadership strategies, technological advances, human behavior,diversity, education, police governance and more.

For example, Dr. Emma Lew, forensic pathologist from Miami Dade County in Florida, will conduct two seminars, one oncrime scene management from a forensic perspective and the second on the 1996 ValuJet crash in the Florida Everglades.What has been learned about DNA in the past 10 years? What would be done differently if such a tragedy were to happentoday? What does the future hold?

Cst. Phil Fodchuk, Forensic Analyst with the RCMP Technological Crime Unit, will present the latest in tech gadgets andcomputer crimes. Technology is changing at lightening speed. Laws are changing at snail’s pace. How do we manage thedifferences?

As peace officers or justice practitioners we are constantly communicating with people or with the media. Carol Boothroydis an expert in both and her light hearted presentations called “Gender Speak” and “Media Wise Relations” are filled withuseful and practical tips that can be put to use immediately.

Is there anyone who doesn’t wish they could communicate better while testifying in court? Judy Halyk and Catherine Knox,prosecutor and defense attorney, will show “Both Sides of the Courtroom” by using reenactments of trial transcripts, roleplaying and a question-and-answer format to illustrate common mistakes police officers make while testifying and willprovide tips on becoming a better witness.

These are just a few examples of the educational opportunities that will be offered at IAWP 2006.

Our website www.iawp2006.com is a great source for more information on the professional development portfolio of theconference. There is also a sample business case that individuals can use to propose attendance at the conference to theirorganization.

We look forward to welcoming everyone to the IAWP 2006 conference in Saskatoon, Saskatchewan, CANADA, September17-21, 2006.

Contact: Shelley Ballard & Susan Grant, Conference Co-DirectorsE-mail [email protected]

Phone 306-220-IAWP (4297) or 306-260-6453


RCMP understaffed andundertrained, auditor general findsThe following article appeared on the CBC News website on November 26

The RCMP are inadequately trained and sounderstaffed that they can’t meet their federalresponsibilities such as tackling organized crime,the federal auditor general says in a report.

Auditor General Sheila Fraser found thatthe Mounties didn’t have enough people toadequately supply forces in 192 communitiesand aboriginal reserves in eight provinces.

“We noted problems with staffing and train-ing that need to be addressed,” she told a newsconference after her report was tabled onTuesday in the House of Commons.

As a result, the RCMP often had to divertstaff from the national force, leaving it unableto fulfill its federal responsibilities such asprobes into drug and organized crime net-works, Fraser said.

Force will be short hundreds of officers ayear

Fraser said the RCMP would soon be shorthundreds of officers because their training fa-

cilities are inadequate and can’t produceenough recruits to keep up with the demand.

The centre in Regina can train 1,200 cadetsa year, but the force needs at least 1,400 newrecruits annually for the next four years, thereport says.

She also said the force often doesn’tadequately fill in for Mounties who are onlong-term absences, overburdening their col-leagues and leaving them exposed to dangeroussituations without access to backup.

“The peace officers could end up beingoverloaded in their work schedules, so moreattention has to be paid to these areas,” Frasersaid.

New recruits receive inadequatementoring, Fraser finds

Fraser also found problems with the train-ing of new officers and retraining of moreexperienced ones.

Rookie officers are supposed to get sixmonths of on-the-job training with a seniorofficer. Fraser said that often doesn’t happen.

She also found the vast majority of the forcehadn’t completed recertification requirements.

There are six skill sets in which RCMPofficers must recertify, including pistol andbaton training, first aid and CPR.

Two years ago, 57 per cent of RCMP offic-ers had completed all six qualifications. A yearlater, Fraser’s audit found the figure had plum-meted to 6 per cent.

Fraser pointed out that the Mounties are theprimary police force for 20 per cent of Cana-dians, saying the problem areas identified inher report must be addressed

Your Voice!

BCMPPAJoin Today!Membership form on the last page

As a result,

the RCMP often

had to divert

staff from the

national force,

leaving it

unable to fulfill

its federal

responsibilities

such as probes

into drug and

organized

crime networks,

Fraser said.


Bursary recipientsCongratulations to the 7th Annual BCMPPA Recipients.

This year only three applications were received. All three applicants qualified for the Associa-tion bursary.

Scott Macmillan is the recipient of the $1000 dependent bursary. Scott has entered his final yearat University of Lethbridge where he is working towards his Bachelor of Science degree. Follow-ing this he is planning on pursuing a law degree concentrating on securities law. Scott has beenactive in various university based volunteer programs including Operation Christmas Child, thefood bank and raising money to build a well in Ethiopia.

Katie Everson is the recipient of the $500 dependent bursary. Katie is in her second year at Uni-versity College of the Fraser Valley where she is enrolled in the Theater Diploma Program. Sheplans on continuing her studies by obtaining her Bachelor of Arts Degree in French and Theater

RCMP MEMBERS & STAFFHi. My name is Wayne Ryan. As a retired Member of the Force, I know all about moving, buyingand selling!! I also know how expensive it is to live in the LMD. That’s one of the reasons I’mpleased to be able to offer you an exclusive package which will provide full MLS service whilesaving you lots of money! I work extensively in the N. Delta, Surrey, Langley and Abbotsford areas.However, if you reside outside these areas or would simply prefer to use a more local realtor, giveme a call anyway – I may be able to arrange the same package deal for you!

SAVINGS & SERVICE• Save $1,000.00 or more when selling your home through me.• Save $500.00 or more when buying a home through me.• Save $3,000.00 - $4,000.00 if I list and sell your home.• Save $500.00 for family or friends that you refer to me.• Save $??? on mortgage interest rates via my brokers.• Sell your own home and I will assist you with writing the contract and paper work ...

free of charge!• I work with Royal LePage, and am very familiar with the relocation policies of the Force.• I am currently in the Top 1% of all Fraser Valley Realtors and in the Top 1% in Canada.

GIVE ME A CALL!This offer is open to all Members, retired Members & Staff. This is NOT a “discount” commis-sion deal ... All rebates offered come out of my commission and will NOT affect the other agent.I’ve had the privilege of working with literally hundreds of Members in the past several years andcan provide several references on request! Please call me anytime ...

WAYNE RYANTop 1% in Canada

Cell #: (604) 617-8808Office #: (604) 597-1664Fax #: (604) 575-2171

and get her teachingcertificate. Katie is in-volved in a youth runcommunity servicegroup and has been aleader with the Chil-dren’s InternationalSummer VillagesOrganization.

Cst. Karen Sims is therecipient of the $500member bursary. Karenis in her final year atSimon Fraser Universityenrolled in the Bachelorof Arts Program Crimi-nology. Karen iscurrently posted atEDPS.

Scott Macmillan

Katie Everson


Contact Numbersfor the AssociationExecutive

The following provides contact information forour membership wishing to reach the executiveof the BCMPPA. This list was accurate at thetime of printing. In the event some of this in-formation becomes dated, up-to-dateinformation can always be obtained from ourwebsite atwww.bcmppa.com.

PresidentPat Mehain 778-838-5508 cell.

Vice PresidentRob Creasser 250-371-1071 cell.

TreasurerGregg Howmann 250-453-2216 cell.

SecretaryYvonne Everson 604-644-0282

Directors

BC InteriorAlain Roy 250-545-7141Dan Sandhar 778-772-9690

BC NorthBrendan McKenna 250-638-7400 work

Change of AddressMembers with access to the Internet cancommunicate via e-mail their change ofaddress or any other data pertaining totheir membership. Mrs. Linda Bauchman,BCMPPA bookkeeper, is online at thefollowing address: [email protected]. Othermembers can still submit those changesby mail or fax. You will find the detailson the inside cover of The Service Star,or at the Association’s website,www.bcmppa.ca.

BCMPPAMembership Application/Amendment Form

Check All Boxes That Apply

� New Application � Renewal ($108/year)

� Interdivisional Membership ($15/year)� Pre-approved payment request � Cheque attached� Male � Female � Change of address

� Change of posting/duties � Change of bank/account

Referred by ____________________________________________________(Referring member 3 months no dues)

Regimental # ___________________________________________________

Surname _______________________________________________________

Given Names ___________________________________________________

Address (Street, City, Province, Postal Code) __________________________________________

______________________________________________________________

______________________________________________________________

E-mail Address __________________________________________________

Telephone # ____________________________________________________

Current Posting & Duties _________________________________________

______________________________________________________________

PRE-APPROVED PAYMENT REQUEST

This application constitutes authorization for the B.C. Mounted PoliceProfessional Association (BCMPPA) to withdraw the sum of $9 per monthfrom:

� Financial Institution _________________________________________

Address _____________________________________________________

Account # ___________________________________________________Please attach a void/blank cheque to initiate your Pre-approved Payment.

� Visa � MasterCard (credit card payments through PayPal only)

Card #____________________________________________________

Expiry ____________________________________________________

The said withdrawal will be debited on the 14th day of each month.These authorized deductions will commence on ________________20___,and will continue until such time as the undersigned advises the BCMPPAto cease said withdrawals in writing.

Date __________________________________________________________

Signed ________________________________________________________

Mail to: BCMPPA, #216-20465 Douglas Crescent, Langley, BC V3A 4B6or Fax to: (604) 460-6403 / Toll free fax: 1-866-530-4738

This form is also avialble on the BCMPPA website: www.bcmppa.com

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