26 Sep 2023

Swann v. Canada (Attorney General)

Firms involved

Labour Rights Law Office, Department of Justice Canada, Attorney General of Canada

Applicant

JILL MARIE SWANN
Law Firm
Labour Rights Law Office
Lawyer(s)

Sébastien Anderson

Sean Bailey

Respondent

THE ATTORNEY GENERAL OF CANADA
Law Firm
Department of Justice Canada
Lawyer(s)

Erica Louie

Graham Stark

Susanne Pereira

Law Firm
Attorney General of Canada
Lawyer(s)

Thomas Bean

Zahida Sharkat

  • Cpl. Jill Swann, a member of the Royal Canadian Mounted Police (RCMP), sought a judicial review of a decision made on October 1, 2020, by the Officer-in-Charge (OIC) of the Federal Serious and Organized Crimes (FSOC) Group 5, assessing her suitability for a Sergeant position in Nanaimo, British Columbia.
  • Swann had previously filed complaints with the Canadian Human Rights Commission (CHRC) in 2016 and a civil action in 2017, alleging workplace sexual harassment and discrimination. By 2018, a settlement agreement granted Swann a priority promotion to a vacant Sergeant position on Vancouver Island.
  • On September 1, 2020, Sgt. Popat of the RCMP informed Swann about the FSOC Sergeant Position and its requirements.
  • The role involved investigating organized crime, collaborating with other police agencies, overseeing operational files, among other duties.
  • While Swann was the first to be invited to apply, her application was later dismissed.
  • Two primary issues were considered by the Court: the timing of the judicial review and the reasonability of the Decision.
  • The Court declined to review the application, deeming the Decision reasonable. Despite this, the Court acknowledged the harassment claims from Swann's past.
  • The position Swann had applied for had been filled, but she later secured another promotional role.
  • The Court awarded costs of $2,500.00 to the Respondent as agreed by both parties.

Court

Federal Court of Appeal

Case Number

T-1353-20

Practice Area

Labour & Employment Law

Amount

$ 2,500

Winner

Respondent

Trial Start Date

09 November 2020

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