Sauvé v. Canada
T-2199-97
Teitelbaum J.
12/11/98
9 pp.
Action against Crown seeking declaration RCMP violated own internal policies, procedures by discriminating against exspecial constables in matters involving career advancement-Also claiming general and punitive damages-Defendant filing notice of motion under r. 221 for order striking out statement of claim-In amended statement of claim, plaintiff no longer asking for declaration-Plaintiff joined RCMP as special constable in 1986-Requested transfer to Criminal Operations in 1991-Requests repeated in 1993, 1995, 1996-Rejected on each occasion-Plaintiff filing grievance through internal grievance procedure on September 29, 1995-In January 1998, Assistant Commissioner denied plaintiff's grievance, refused to address plaintiff's allegations of discrimination and harassment as internal grievance procedure not proper forum for disposition of complaints-Grievance procedure constituting adequate alternate remedy ought to be followed before turning to courts-Because plaintiff had not exhausted remedies pursuant to grievance procedure in RCMP Act, present motion to strike should normally be allowed-If grievance procedure were effective, available to resolve all issues put forth, then full grievance procedure, all steps, would have to be completed before resorting to Court-That administrative manual may have in place method to address complaint of discrimination not preventing plaintiff access to Court if procedure set out in manual not followed-Since Assistant Commissioner found grievance procedure not proper forum to deal with allegations of discrimination, harassment, no purpose for plaintiff to appeal to next level of grievance procedure-Defendant's motion to strike dismissed-Federal Court Rules, 1998, SOR/98-106, r. 221-Royal Canadian Mounted Police Act, R.S.C., 1985, c. R10.