​Response from the RCMP
We would like to first acknowledge that beyond any administrative or legal
processes, we are continuously mindful that each case represents a person. We
have not forgotten the emotional impact these types of cases can have on
individuals and the importance of finding a resolution.
The RCMP is committed to protecting the health, safety and well-being of all its
employees. Our priority is to ensure employees remain at work, however, we
recognize that at times they may be required to take extended leave, for health
reasons beyond their control. When this happens, the RCMP has programs and
services in place to assist employees and we work with them to review options and
find solutions to help accommodate a healthy and safe return to work in the
reasonably foreseeable future. Even in cases where employees have taken legal
action, or there is an outstanding dispute, we continue our efforts to return them to
work in accordance with our stated objectives.
If a member is suffering from a disability as defined in the ​Canadian Human Rights
Act that affects their ability to perform their duties and seeks an accommodation, the
RCMP relies on its Health Services Officers (HSO). The HSO is a licenced physician
responsible for supervising and coordinating the delivery of professional opinions
and recommendations, which includes advising the RCMP of their recommendations
relative to sick leave status, applicable limitations and restrictions, and return to work
possibilities.
While a member is off duty with a disability, RCMP Disability Management Advisors
support the member, Commander/Supervisor, Health Services Officer, and the
Career Development and Resourcing Advisor through regular communication and
consultation. They also coordinate the member's return to work.
The RCMP only considers an administrative discharge of a regular or civilian
member, if it is first satisfied that there is no reasonable likelihood that the member
can return to work in the reasonably foreseeable future or there are no reasonable
accommodation options, short of undue hardship, available for the member to
continue employment with the RCMP. The member’s knowledge, skills, abilities and
their functional limitations may assist in determining what positions may be available
to them. Each case is fact-driven and is assessed according to its particular
circumstances. In the case of a Regular Member, if no suitable Regular Member
positions are identified, the possibility of a conversion to a Public Service Employee
position may be explored.

 However, sometimes a member has a condition that permanently impedes them
from performing their duties and they cannot be accommodated within the RCMP
without undue hardship and this may result in an administrative discharge.
Our efforts to work with some of the impacted employees you have mentioned have
spanned over approximately 5 years. It would be accurate to say we have offered
them multiple opportunities to participate in return to work efforts, and have focussed
on gathering the information necessary to assess their ability to continue to return to
full or modified duties within the RCMP. Our focus and interest has always been to
return our members to work and significant efforts are taken in each and every case.
Even after proceedings to discharge have commenced, there are opportunities for
the employee to provide us with new information for consideration.
The RCMP has a responsibility to Canadians and to our officers who rely on each
other for support and backup, to manage our workforce responsibly. We cannot, in
good conscience, continue to pay a full salary indefinitely to an employee whose
health prevents them from performing any duties within the RCMP for the reasonably
foreseeable future.
With respect to the visit in November 2016 to the doctor you referenced, we have
been in regular communication and exchange of correspondence with him over the
years. The in-person meeting, which was agreed upon, was an attempt to have an
open discussion, as we both have a role in finding solutions or a path that would help
accommodate a healthy and safe return to work for our employee(s) in the
reasonably foreseeable future. We had hoped that a face-to-face discussion would
help clarify our respective understandings of the physician’s and RCMP’s roles in the
safe and timely return of members absent from duty on sick leave and reduce
possible misinterpretations. We also wanted to take the opportunity to ensure there
was full understanding around our expectations limitations and also to explain some
of the processes that flow from the recently amended RCMP Act. For example, the
new RCMP Act allows for an Independent Medical Exam for the purpose of
establishing the member’s ability to perform their duties. The goal was to mutually
navigate a way forward and the vetted correspondence you shared we believe
reflects our understanding of the issues and concerns. We disagree with the
characterization of the meeting and deny the accusations that during that meeting
the doctor was bullied or that threats to complain to the College of Physicians and
Surgeons were made. Every effort was made on our side to ensure that the
exchange was respectful and professional.
We are also well aware of the examination underway by Sheila Fraser. The RCMP
has been fully cooperating with the Special Advisor and has provided unfettered
access to all information in an effort to inform her review. Our efforts and actions
around return-to-work strategies or administrative discharge have continued to move
forward in order to reduce any unreasonable delays or hardships. The cases we are

 dealing with represent those employees that have been away from or off work for the
greatest number of years, some cases range between 5-9 years. We have made our
actions known to the Special Advisor and have been transparent around our
intentions and processes.
With respect to the Montague and Gastaldo civil matter, these matters remain before
the Court and Department of Justice counsel have been actively engaged. The
RCMP is committed to resolving all complaints and to acting in good faith in its
negotiations, and has been trying to assist these individuals throughout. The RCMP
has been taking steps to advance this litigation. No adjournments have been
requested by the RCMP.
Sgt./Serg. Annie LINTEAU
LMD Advisory NCO (Communications)
Lower Mainland District RCMP/Government of Canada