USJE would like to provide its members an important update regarding the Joint Investigator List at the RCMP used in workplace harassment and violence investigations under the Canada Labour Code.
USJE has consistently advocated for fair, impartial, and truly independent investigations when members come forward with concerns of harassment, violence, or toxic workplace behaviour. This position is strongly supported by the findings of the Bastarache Report, which documented that complaint processes lacking independence or perceived to be biased, can cause further harm, undermine trust, discourage reporting, and retraumatize those seeking help. The report made clear that confidence in the process is essential, particularly in harassment matters where members may already feel vulnerable in coming forward.
Through sustained efforts, including survey results from RCMP employees, the union was successful in ensuring that the Joint Investigator List for USJE members included only individuals who were fully external to the RCMP, with no prior ties that could call into question the perception of independence. This reflected member feedback regarding the importance of maintaining confidence in the investigative process and ensuring investigators are truly at arm’s length from the employer.
We have now been advised that the RCMP has rescinded the existing joint list approved between USJE and the employer and intends to present a new list that includes individuals with RCMP service as investigators.
We want all members to know that you have rights under the Canada Labour Code. The legislation requires that an investigator be agreed upon by the parties. This means there is no automatic obligation to accept a proposed investigator simply because management has suggested them.
Where there are legitimate concerns regarding independence, impartiality, conflict of interest, or perceived bias, members may refuse a proposed investigator and request an alternative. This is particularly important in harassment investigations, where confidence in the neutrality of the process is critical.
Your Rights and Considerations:
- Investigators must be competent, impartial, and independent.
- You have the right to raise concerns about real or perceived bias.
- Agreement on an investigator is required under the Canada Labour Code.
- If you are uncomfortable with a proposed investigator, contact your union representative before consenting.
- No member should feel pressured to accept an investigator where fairness or independence is in question.
USJE remains firmly committed to protecting members and ensuring harassment investigations are conducted by individuals who are truly independent from the employer. Members coming forward with harassment concerns deserve a system that is fair, trauma-informed, and free from any appearance of bias.
If you are part of an investigation, and asked to agree to an investigator, please contact your union representative for guidance and support.