The appellants, current and former uniform members of the Waterloo Regional Police Service, appealed from a motion judge's order dismissing their proposed class action for want of jurisdiction and denying certification.
The appellants alleged systemic gender-based workplace discrimination and harassment, including breach of Charter rights and breach of the duty of fair representation.
The Court of Appeal upheld the dismissal, finding that the Superior Court lacked jurisdiction because the appellants' claims fell within the exclusive jurisdiction of labour arbitrators under the Police Services Act and the Human Rights Tribunal of Ontario.
The court noted that the collective agreement permits group grievances and arbitrators possess broad remedial powers.
