RCMP |
Public Service Alliance of Canada v. Canada
T-2091-00
2004 FC 13, Lemieux J.
8/1/04
29 pp.
Defendant seeking summary judgment dismissing action launched by Public Service Alliance of Canada (PSAC) --Subject-matter of PSAC's action concerning one municipal employee engaged by each of towns of Humboldt, Saskatchewan and Antigonish, Nova Scotia, seconded by employer to provide support services to Royal Canadian Mounted Police (RCMP) which provides municipal police service to those towns pursuant to municipal policing agreements (agreements)--PSAC's action test case since 200 such agreements existing across Canada--Central issue scope of Royal Canadian Mounted Police Act (Act), s. 10--Whether Act, s. 10 requires all support staff necessary for carrying out of functions and duties of RCMP, including provision by Force of municipal policing services pursuant to agreements, to be federal public servants--S. 10 providing civilian employees necessary for carrying out functions, duties of Force shall be appointed under Public Service Employment Act--Issue as to scope of words "that are necessary for carrying out functions and duties of the Force" as found in Act, s. 10--Whether functions and duties of Force limited to those which RCMP carries out as police force for Canada (federal police force) or whether those functions and duties encompass those which RCMP discharges as provincial police force or municipal police force pursuant to agreements entered into under Act, s. 20--Principles of statutory interpretation-- Presumption Parliament intended to remain within constitutional limits--Constitutional principles underpinning federal Crown's motion for summary judgment--First, provincial legislative power over administration of justice extends to administration of criminal justice, including provision of police services--Second, each province has power to establish police force--Third, provincial police force has power to police not only provincial penal laws but also federal Criminal Code--Fourth, municipal police forces constituted under provincial laws--Fifth, eight provinces not establishing provincial forces but "rent" federal police force, RCMP under agreements where RCMP provides police services to province--Services provided include enforcement of Criminal Code, provincial statutes, municipal by-laws-- Sixth, some municipalities in eight renting provinces have own police forces, established under provincial laws--Most municipalities in those provinces have also rented RCMP so RCMP enforces Criminal Code, provincial statutes, municipal by-laws--Seventh, fact policing agreements authorized on federal side by Act and on provincial side by provision in provincial Police Act meaning in performing police services RCMP authorized by provincial, federal statute law--Eighth, RCMP, when performing provincial police services and municipal police services under contract subject to direction of provincial Attorney General--Cases on limits of provincial legislative authority of RCMP reviewed--Summary judgment provisions contained in Federal Court Rules, 1998, rr. 213- 218--Crown's motion for summary judgment not raising any material factual issues for trial--From constitutional perspective, both federal and provincial authorities have legislative authority to establish police force operating in their distinct spheres of legislative jurisdiction, which essentially consists of police officers and members performing policing duties as such--RCMP's obligation to be supported by employees appointed under Public Service Employment Act limited to supporting officers, members of Force in relation to duties it performs as Canada's federal police force-- Interpretation accords with text of Act, s. 10 when interpreted in context of Act as whole and in accord with constitutional principles underpinning exercise of policing federally, provincially and municipally--Summary judgment granted-- Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, ss. 10 (as am. by R.S.C., 1985 (2nd Supp.), c. 8, s. 5), 20-- Criminal Code, R.S.C., 1985, c. C-46--Federal Court Rules, 1998, SOR/98-106, rr. 213-218.