2

(a)

participated in reprisals against the women for coming forward with their complaints, including sexual harassment; participated in cover-ups of the sexual assaults;

(c)

interfered with or perverted the due administration of internal justice within the RCMP; and

(d)

failed in their duties to maintain a workplace environment free from sexual harassment; to maintain a workplace free of discrimination against women; to supervise and appropriately discipline Sergeant Blundell; to protect the women from sexual assaults by superior officers through establishment of appropriate procedures; and to protect the women from further harm following the assaults through the establishment of proper disciplinary and victim assistance procedures.

PART II THE PARTIES

The Plaintffs

4. The Plaintiff, T. Doe was at all material times a peace officer, servant and employee of the RCMP in "K" Division pursuant to s. 7(l) of the Royal Canadian Mounted Police Act (the "RCMP Act") R.S., c. R-9, s.1, and has been since 1987. T. Doe holds the rank of Constable and resides in the Province of Alberta.

5.

The Plaintiff, L. Doe was at all material times a peace officer, servant and employee of

the RCMP in "E" Division pursuant to s. 7(1) of the RCMP Act, and has been since 1986. L.

Doe holds the rank of Sergeant and resides in British Columbia. 6. The Plaintiff, K. Doe was at all material times a peace officer, servant and employee of

the RCMP in "K" Division pursuant to s. 7(1) of the RCMP Act, and has been since 1991. K. Doe holds the rank of Constable and resides in the Province of Alberta. 7. The Plaintiff, V. Doe was at all material times a peace officer, servant and employee of

the RCMP in "K" Division pursuant to s. 7(1) of the RCMP Act and has been since 1989. V. Doe holds the rank of Constable and resides in the Province of Alberta. 8. The individual Plaintiffs, T. Doe, L. Doe, K. Doe and V. Doe are collectively referred to

in this claim as the "Plaintiffs".

The Defendants
9. The Defendant, the Attorney-General of Canada (the "A-G"), represents the Crown in

this proceeding pursuant to the Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50 s. 23, as amended (the "Crown Liability Act"). The Crown's liability arises from the conduct, negligence, malfeasance and vicarious liability of the RCMP and the individually named Defendants who were at all material times Crown employees, agents and servants. 10. The Defendant, Commissioner Giuliano Zaccardelli ("Commissioner Zaccardelli"), was

at all material times a peace officer, servant and member of the RCMP pursuant to s. 5(1) of the RCMP Act and to the best of the Plaintiffs' knowledge resides in Ottawa, in the Province of Ontario. 11. Commissioner Zaccardelli, under the direction of the Solicitor General of Canada, has

full control and management of the RCMP and matters connected therewith. He is responsible under the RCMP Act and at common law for: (a) administering the RCMP;

(b)

overseeing the operation of the RCMP in accordance with the objectives and policies in the directives established by the Solicitor General; and

(c)

ensuring members of the RCMP carry out their duties in accordance with the RCMP Act and in a manner that reflects the core values of the RCMP and needs of the community.

12.

The Defendant., Deputy Commissioner Beverly Busson ("Deputy Commissioner

Busson"), was at all material times a peace officer, servant and member of the RCMP pursuant to s. 6(1) of the RCMP Act serving in "E" Division, and to the best of the Plaintiffs' knowledge resides in Surrey, in the Province of British Columbia. 13.
s Ti peace

The Defendant, Superintendent Peter German ("P. German"), was at all material times a officer, servant and member of the RCMP pursuant to s. 6(1) of the RCMP Act serving in

"E" Division, and to the best of the Plaintiffs' knowledge resides in Ottawa, in the Province of Ontario. 14. The Defendant Inspector Richard Barszczewski ("Barszczewski") was at all material

times a peace officer, servant and member of the RCMP pursuant to s. 6(1) of the RCMP Act serving in "E" Division, and to the best of the Plaintiffs' knowledge resides in White Rock, in the Province of British Columbia. 15. The Defendant Superintendent Vince Casey ("Casey") was at all material times a peace

officer, servant and employee of the RCMP pursuant to s. 6(1) of the RCMP Act serving in "E" Division, and to the best of the Plaintiffs' knowledge resides in Surrey, in the Province of British Columbia. 16. The Defendant Inspector Jim Hislop ("Hislop") was at all material times a peace officer,

servant and employee of the RCMP pursuant to s. 6(1) of the RCMP Act serving in "E" Division, and to the best of the Plaintiffs' knowledge resides in Kelowna, in the Province of British Columbia. 17. The Defendant, Staff Sergeant Jim Dalin ("Dallinl was at all material times a peace

officer, servant and member of the RCMP pursuant to s. 7(1) of the RCMP Act serving in "E"

Division and to the best of the Plaintiffs' knowledge resides in Surrey, in the Province of British Columbia. 18. The Defendant, Staff Sergeant Peter Marsh ("Marsh") was at all material times a peace

officer, servant and employee of the RCMP pursuant to s. 7(1) of the RCMP Act serving in "E" Division and to the best of the Plaintiffs' knowledge resides in Surrey, in the Province of British Columbia. 19. The Defendant, Staff Sergeant Debbie Chisholm ("Chisholm') was at allmaterial times a

peace officer, servant and employee of the RCMP pursuant to s. 7(1) of the RCMP Act serving in "E" Division and to the best of the Plaintiffs' knowledge resides in Vancouver, in the Province of British Columbia. 20. The Defendant, Sergeant Ron German ("R. German"), was at all material . times a peace

officer, servant and employee of the RCMP pursuant to .s. 7(1) of the RCMP . Act serving in "E"
Division, and to the best of the Plaintiffs' knowledge resides in Surrey, in the Province of British Columbia.

21.

To the best of the Plaintiffs' knowledge P.

German and R. German are brothers.

22.

The Defendant Sergeant Dan Painter ("Painter") was at all material times a peace officer,

servant and employee of the RCMP pursuant to s. 7(1) of the RCMP Act serving in "E" Division and to the best of the Plaintiffs' knowledge resides in Vancouver, in the Province of British Columbia. 23. The Defendant Sergeant Randy Burgess ("Burgess") was at all material times a peace

officer, servant and employee of the RCMP pursuant to s. 7(1) of the RCMP Act serving in "E" Division and to the best of the Plaintiffs' knowledge resides in Vancouver, in the Province of British Columbia.

times a peace officer, servant and employee of the RCMP pursuant to s. 7(1) of the RCMP Act serving in "F' Division
material

24. The Defendant Sergeant Barb Fleury ("Fleury") was at all

and to the best of the Plaintiffs' knowledge resides in Vancouver, in the Province of British Columbia.

6 25. The Defendant Sergeant Dennis Krill ("Krill") was at all material times a peace officer, to the best of the Plaintiffs' knowledge resides in Red Deer, in the Province of Alberta. 26. The Defendant Sergeant Robert Blundell ("Blundell") was at all material times a peace

servant and employee of the RCMP pursuant to s. 7(1) of the RCMP Act serving in "K" Division

officer, servant and employee of the RCMP pursuant to s. 7(1) of the RCMP Act serving in "E" Division and to the best of the Plaintiffs' knowledge resides in White Rock, in the Province of British Columbia. 27. The Defendant Sergeant Jim MacDonald ("MacDonald") was at all material times a

peace officer, servant and employee of the RCMP pursuant to s. 7(1) of the RCMP Act serving in "K" Division and to the best of the Plaintiffs' knowledge resides in Sylvan Lake, in the Province Alberta. 28. The Defendant Sergeant Dan Maio ("Maio') was at all material times a peace officer,

servant and employee of the RCMP pursuant to s. 7(1) of the RCMP Act serving in "A" and "E" Divisions and to the best of the Plaintiffs' knowledge resides in Vancouver, in the Province of British Columbia. 29. The Defendant Corporal Gary Shinkaruk ("Shinkaruk") was at all material times a peace

officer, servant and employee of the RCMP pursuant to s. 7(1) of the RCMP Act serving in "E" Division and to the best of the Plaintiffs' knowledge resides in Vancouver, in the Province of British Columbia. 30. The Defendant Constable Harry Ingram ("Ingram") was at all material times a peace

officer, servant and employee of the RCMP pursuant to s. 7(1) of the RCMP Act serving in "K" Division and to the best of the Plaintiffs' knowledge resides in Sylvan Lake, in the Province of Alberta. 31. The individual Defendants named in the proceeding paragraphs are hereinafter

collectively referred to as the "Defendants".

PART III THE SEXUAL ASSAULTS

introduction

32. 33.

The matters alleged herein took place in Calgary, Alberta unless otherwise indicated. In the course of their employment with the RCMP the Plaintiffs were individually and

separately sexually assaulted and harassed by Blundell when they worked with him during various RCMP undercover criminal operations. 34. At the time of the sexual assaults and harassment, Blundell was a seasoned undercover

operator with many years of policing experience and was held in high regard by his colleagues (both peers and those junior in rank and experience to him). Blundell's superiors also held him in high regard based in part on his apparent effectiveness as an undercover operative, having secured confessions from suspected murderers. As well, he was held in high regard based on his supposed ability to train junior members of the undercover teams of which he was a member, and in his capacity as a trainer on undercover instructional courses. 35. Each Plaintiff ultimately became involved in the RCMP internal complaint process, that

is Code of Conduct investigations ("CCI") in relation to allegations of sexual assault each of them made against Blundell. There was improper interference into each of the CCI by members of the RCMP, including the Defendants, the specifics of which will be addressed below under the heading "Code of Conduct Investigations". 36. The Plaintiffs brought to the attention of several senior members of the RCMP including

Commissioner Zaccardelli and Deputy Commissioner Busson the interference and improper conduct in relation to each CCI and underlying allegations. It was also brought to the attention of the then Solicitor General, the Honourable Lawrence MacAulay. 37. At the filing of this Statement of Claim each of the Plaintiffs continues to suffer

personally and professionally due to continued work place harassment and as a result of their involvement in the RCMP's internal complaint process.

38.

The circumstances of the assaults and harassment perpetrated by Blundell and suffered by

the Plaintiffs are set out below. Sexual Assault of V. Doe 39. In or about April 1994, Blundell contacted V. Doe and asked her whether she wanted to

participate in an undercover operation involving an unsolved homicide. V. Doe agreed. 40. At that time, V. Doe had approximately five years service with the RCMP. She was not a

trained undercover operator but had been involved in a few other undercover operations. 41. Blundell told V. Doe that he knew that she was going to be in Calgary in April 1994 to

testify at a trial and asked her to contact him when she was finished testifying. He told her that he wanted her to be "window dressing" , or "bait" on an undercover operation. He told her that she was to dress for the role in "biker" clothes because the "target" (the subject of the investigation) liked "trashy women". He further explained to her that her objective was to catch the interest of the target. 42. Blundell told V. Doe to send him photographs of herself and told her that the photos were

to be used in the scenario. V. Doe complied with Blundell's demand and prior to the supposed undercover operation she sent him a variety of photographs of herself. Blundell discussed further details of the alleged IX operation and they made arrangements accordingly. 43. Later in April 1994, V. Doe contacted Blundell after completing her testimony and

arranged to meet him and another operative, Shinkaruk, at the Marlborough Hotel. When they met, Blundell advised V. Doe that they were going to an auto wrecking yard that was frequented by the target and the target's father. 44. Shortly thereafter Blundell, Shinkaruk and V. Doc went to the auto wrecking yard.

Blundell brought a case of twenty-four bottles of beer to the location. They spent the afternoon and early evening at the yard consuming the beer. Later in the afternoon they went and purchased another case of beer.

45. The target and his father met with Blundell, V. Doe, and Shinkaruk at the storage yard as planned. Blundell suggested to the target and his father that they go to a bar that evening. Blundell, V. Doe and Shinkaruk went to the bar and continued to consume alcohol The target and his father did not show up at the bar: 46. At the end of the evening Blundell, Shinkaruk and V. Doe went back to the Marlborough Hotel. In the hotel lobby, Blundell advised V. Doe that he had not booked a room for her. Blundell suggested to her that she sleep on the couch in his room. V. Doe agreed to sleep on the couch as she was not able to safely drive back to her home and because Blundell had told her that she was required for the undercover operation the next morning. 47. When V. Doe entered Blundell's hotel room she noted that there was no couch. Blundell acknowledged this and suggested that they each sleep on opposite sides of the bed. She laid t ' down on one side of the bed and went to sleep. Blundell was on the other side of the bed. V. Doe awoke sometime later to find Blundell, among other things, kissing her on the back of her neck, rubbing her thighs and penetrating her vagina with his fingers. Immediately upon becoming aware of what was happening V. Doe told Blundell to stop and that she was not interested in having sex with him. Blundell persisted and continued to make sexual advances towards V. Doe. V. Doe again told Blundell she was not interested in having sex with him and eventually, in an effort to prevent being further assaulted, she proceeded to sit on top of him and hold his arms down and insist that he stop. 48. V. Doe was aware that Blundell had a girlfriend so she tried to engage Blundell in a conversation about his girlfriend. Blundell proceeded to tell V. Doe what he liked done to him sexually including that he liked to be "licked all over". Again, V. Doe tried to engage Blundell in a conversation about his girlfriend. Eventually Blundell passed out. V. Doe remained awake for the remainder of the evening. 49. Blundell never had V. Doe's consent to touch her in a sexual manner.

50. In the morning, V. Doe used the bathroom and when she exited the bathroom Blundell told her that he had just received a telephone call advising him that she had not been approved to participate in the undercover operation. He suggested that this was due to a lack of funding. V.

10

Doe asked Blundell about taking notes (i.e., incident reports) and Blundell specifically told her not to take any notes because she had not been authorized to be part of the operation. Blundell also /old her that he would "work out her overtime". 51. V. Doe did not participate in a debriefing before leaving Calgary and had not participated

in a briefing before the operation. 52. A few days after the incident Blundell telephoned V. Doe and again told her that she had

not been approved to work in the undercover operation. He told her not to tell anyone about her involvement in the operation. Blundell told V. Doe that if Superintendent Dennis Massey, "K" Division, found out about her involvement there would be negative professional ramifications for both of them.
Sexual Assault of K. Doe

53.

On or about May 7, 1994, K. Doe was contacted by Corporal Kevin Vickers, "K"

Division, "(Vickers") and asked if she wanted to participate in an undercover operation involving an unsolved homicide. K. Doe agreed. She was told that she would be "window dressing". At the time she had approximately three years service and no undercover training. This was her first undercover operation. 54. As directed, K. Doe met the undercover team in a room at the Marlborough Hotel.

Present were Blundell, Shinkaruk, K. Doe, Vickers, Constable Brian Simpson ("Simpson") and Constable Patty Irvine ("Irvine"). 55. At the meeting K. Doe and Irvine were told to follow the lead of the operators (i.e.,

Blundell and Shinkaruk). Further, they were instructed not to make contact with the target on their own and not to leave with the target on their own. They were also told that there would not be a cover team. 56. At no time during the meeting was it suggested by anyone that there would be physical

(or specifically, sexual) contact between K. Doe and Blundell.

57.

After the meeting they went to lunch at the Olive Garden Restaurant and then Irvine,

Shinkaruk, Blundell and K. Doe (the "Team") went to the designated location, a junkyard in

58. driving. 59.

On the way to the location the Team stopped at a liquor store where Blundell and

Shinkaruk purchased beer. They all consumed beer in the vehicle, including Blundell who was

The Team arrived at the location and met with the target. Shortly after arriving there

Blundell put his arm around K. Doe's shoulder while they were walking up to the target. He whispered into her ear words to the following effect: "If I touch you just go with it and just make it look natural". K. Doe had no opportunity to respond and could not exit the scenario without jeopardizing the operation. Blundell then introduced K. Doe to the target and while doing so put his hand down K. Doe's sweater and fondled her breasts. 60. The Team spent the afternoon drinking beer at the junkyard with the target. K. Doe and

Irvine played cards while Blundell and Shinkaruk interacted with the target. Before leaving the junkyard Blundell again touched K. Doe in the presence of the target by putting his hand down the back of her pants and fondled her buttocks. 61. 62. Blundell never had K. Doe's consent to touch her in a sexual manner. The Team stayed at the junkyard until after the target had left. The Team then went to

Singapore Sam's Restaurant where they had dinner and informally debriefed. 63. After dinner, Shinkaruk, Blundell and K. Doe drove by the target's house and then they

went to the National Hotel where K. Doe was told the target might go that evening. There they consumed more alcohol. The target did not show up at the National Hotel. They then went to the King Eddie Hotel where they continued to consume alcohol. 64. In the early evening, Shinkaruk, Blundell and K. Doe left the King Eddie Hotel, went

through the drive thru at Taco Bell and then went back to the Marlborough Hotel where K. Doe's vehicle was parked and where Blundell was staying. As K. Doe was trying to enter her vehicle to drive home Blundell asked K. Doe if she wanted to go to his room. She declined. Blundell

12

persisted and K. Doe insisted that she would not go to his room. She was able to enter her vehicle and drove home. 65. K. Doe was contacted the next morning, on or about May 8, 1994, and asked if she

wanted to continue to participate in the undercover operation. K. Doe declined.

Sexual Assault of L. Doe

66.

Between January and May 1996 in Calgary, L. Doe was involved in an undercover

operation in which Blundell was an operator. L. Doe's role was to play Blundell's girlfriend. The scenario involved the two of them setting up house in a hotel room. L. Doe was to befriend the target's girlfriend. 67. During the course of this operation, in or about February 1996, Blundell asked L. Doe if

she wanted to go to where the target's trailer was located. L. Doe agreed to Blundell's request. Blundell proceeded to drive L. Doe outside of Calgary's city limits and pulled in and stopped in a farmer's field. Blundell then informed L. Doe that this was where the target's trailer used to be located. L. Doe was surprised that Blundell had simply taken her to an open field. 68. While parked in the vehicle Blundell began to make sexual advances toward L. Doe. She

grew increasingly uncomfortable and asked Blundell to take her back to the City on the pretense that she was colt 69. While driving back to the City Blundell asked L. Doe if she knew what "real chicks" do,

to which she replied "no". Blundell proceeded to tell L. Doe that he has had "chicks" take their clothes off in the passenger seat and play with themselves for him and he then suggested to L. Doe that it was a lot of fun and she should do it. L. Doe declined Blundell's suggestion. L. Doe grew increasingly more uncomfortable but was mindful that on that cold evening Blundell was her only means of getting back into the City. 70. Sometime after the incident described in the preceding paragraphs, between February and

May 1996, L. Doe and Blundell were involved in an undercover operation. They were both staying at the Coast Hotel. They, along with other RCMP members, went to the bar located in

13

the Coast Hotel. At the end of the

evening L. Doe left the bar and Blundell followed her. They

ended up taking the same elevator up to the floor where their respective rooms were located. 71. While in the elevator Blundell told L. Doe he wanted her to lick him. Blundell then

lunged at L. Doe and ripped open her blouse and grabbed her breasts. Blundell again told L. Doe that he wanted her to lick him all over. When the elevator reached the floor where their rooms were located both L. Doe and Blundell exited the elevator and L. Doe watched Blundell stumble down to his room before she went into her room. 72. Blundell never had L. Doe's consent to touch her in a sexual manner.

Sexual Assault of T. Doe

In December 1996 T. Doe completed a three-week undercover course in Vancouver, t 73. British Columbia. 74. Four weeks after completing her training, on or about January 23, 1997, T. Doe was

involved in her first undercover assignment. Also involved were Blundell, Inspector Randy Beck ("Beck"), Constable Maurice Tremblay ("Tremblay"), Corporal Mark Arbour ("Arbour"), Corporal Mike MeTaggart ("McTaggart"), Sergeant Randy Beck ("Beck") and John Doe I. 75. On or about the afternoon of January 23, 1997, the undercover team met to discuss the

scenario for that evening's operation. T. Doe was infomied that she would be "window dressing" and a "party girl". She was told that Blundell would "pick her up" at the bar so as to impress and gain the confidence of the target of the operation (a suspect in an unsolved homicide). Blundell was to buy T. Doe alcoholic drinks, entice her to join the target and him at their table and, ultimately, Blundell was to impress the target by taking T. Doe home. 76. T. Doe contacted Blundell and Arbour after the meeting and asked him bow she was

supposed to get home that evening. She did not want to bring her own vehicle to the bar if she was supposed to leave with Blundell and the target at the end of the evening. Blundell and Arbour told her Blundell would take her home.

14 77. The assignment proceeded according to plan. When T. Doe entered the bar Blundell and the target were seated at a table. T. Doe sat at the bar. Blundell and the target had a waitress bring T. Doe a "blow job" shooter. Shortly thereafter she joined Blundell and the target at their table. Over the next few hours, Blundell, the target, and T. Doe consumed several alcoholic drinks. 78. Blundell, T. Doe and the target left the bar in the early morning hours and as planned Blundell drove the target home and T. Doe joined them for the ride. After dropping off the target Blundell and T. Doe discussed going somewhere to have a drink and talk about the undercover operation. As it was her first undercover assignment T. Doe was excited to discuss her performance with her colleague, Blundell, a seasoned undercover operator. They did not find a place open at that time in the early morning hours of January 24, 1997. Blundell suggested to T. Doe that she join him for a drink in his room at the Coast Hotel and she agreed to do so. 79. While in the hotel room Blundell received a telephone call from the target. Blundell handed the phone to T. Doe and she spoke to the target. This was apparently done in an effort once again to increase the target's confidence in Blundell. 80. Some time after the telephone call T. Doe fell asleep on the bed and later awoke to discover that Blundell was sexually assaulting her. T. Doe tried to sit up and push Blundell off but Blundell forcibly pushed her back down with such force that it caused bruising to her left arm and breast. Blundell continued to sexually assault her until he ejaculated. 81. Blundell never had T. Doe's consent to have sexual intercourse with her, nor did she have the capacity to consent to sexual intercourse. 82. Shortly after the sexual assault by Blundell, T. Doe sought psychological counseling in an effort to deal with the trauma of the assault and from the consequences of not being able to report the assault to her employer or the local police force. Her ability to deal with the consequences of the assault became increasingly more difficult and was particularly so when she, in her capacity as a peace officer, was investigating sexual assaults and dealing with the victims.

15

PART IV THE CODE OF CONDUCT INVESTIGATIONS

Allegations of T. Doe

83.

In July 1999, T. Doe reported the sexual assault by Blundell to Staff Sergeant Ray

Munro, "K" Division, Internal Investigation Unit. A Code of Conduct investigation ("CCI") pursuant to the RCMP Act in relation to her allegations was commenced. 84. On or about September 2, 1999, as part of the internal investigation, Corporal Rick

Pasker ("Pasker") and Sergeant Doug Workman, "K" Division interviewed T. Doe. The interview took place in a room at the Radisson Hotel. 85. On or about November 23, 1999, T. Doe gave a videotaped statement to Detectives D.

Hoetmer ("Hoetmer") and D. Andrus ("Andrus") of the Calgary Police Service's ("CPS") Sex Crimes Unit 86. In or about December 1999 Pasker contacted T. Doe and advised her that R. German,

would like to phone her and "touch base" with her in relation to the Blundell CCI. 87. In February 2000 T. Doe was contacted by phone by R. German. He asked T. Doe how

she was doing and said words to the effect that "he would take care of things". He told T. Doe that Burgess was going to contact her to arrange for an interview in relation to the assault by Blundell. This would be the third interview T. Doe was required to give despite the fact that she had already given two detailed interviews, one that was recorded and one that was videotaped. 88. On or about February 22, 2000 Burgess interviewed T. Doe. When Burgess contacted T.

Doe upon his arrival in Calgary he suggested they meet at the hotel he was staying at, the Royal Inn. T. Doe suggested that they meet at the offices of the RCMP's General Investigation Unit and conduct the interview in a private meeting room there. Despite T. Doe's suggestion, Burgess had T. Doe meet him in the lobby of his hotel. The recorded interview was conducted in the lobby of the hotel while the two were seated in chairs located beside an elevator accessed by the public.

16

89.

During the course of the interview Burgess asked T. Doe her marital status. She

indicated that she was in a common-law relationship with another RCMP member, W. Doe. Burgess then asked T. Doe about W. Doe's marital status. 90. Further, Burgess asked T. Doe if she realized what "this" (i.e., the making of the

complaint) was going to do to her boyfriend and to his career (specifically, his opportunities in relation to the RCMP's Officer Candidate Program). 91. During the course of the interview Burgess also asked T. Doe if she realized that Blundell

could lose his job as a result of her complaint. 92. During the course of the interview with Burgess, T. Doe indicated that she had gone for

counseling in relation to the sexual assault by Blundell. Burgess had T. Doe sign a medical release so that the RCMP could obtain .a complete set of T. Doe's counseling records. To the best of T. Doe's knowledge the RCMP did obtain and review her complete counseling records. 93. Shortly after her interview with Burgess, T. Doe sent a written complaint to Chisholm

with respect to the manner in which Burgess conducted the aforementioned interview. T. Doe did not receive a response to the complaint. Chisolm told her that Painter would now have conduct of the investigation. Chisolm further told her not to speak to anyone about the allegations or about the ongoing investigation. 94. On or about February 23, 2000, Burgess interviewed W. Doe in relation to the Blundell

CCI. During the interview Burgess remarked to W. Doe that he was under a lot of pressure to deal with this matter quickly because Blundell was in the RCMP's Officer Candidate Program and that senior management wanted to promote him. 95. CCI. 96. On or about May 18, 2000, T. Doe again was interviewed by Painter, specifically about On or about May 4, 2000, Painter interviewed T. Doe yet again in relation to the Blundell

the bruising on her left arm and left breast caused by Blundell's assault. 97. P. German, Marsh and Dallin improperly interfered with the investigation by, among

other things, providing Blundell with the contents of the internal investigation file and

17

specifically with one or more of the statements given by T. Doe so that he reviewed it before he gave his own statement in regard to the subject matter of the investigation. 98. On or about February 13, 2001, T. Doe Was informed that her allegations against Blundell had been "substantiated" and that the matter would go before an Adjudication Board ("Board") pursuant to s. 43 of the RCMP Act. She was later advised that the bearing would commence on August 10, 2001. 99. In or about April 2001, Malo volunteered to give a statement in regard to the Blundell CCI notwithstanding that he was not a witness to any material event In the statement he made false and defamatory representations about T. Doe. He alleged that she had conducted herself in a manner that would bring discredit to the RCMP.. Malo was motivated by malice when he made the statements and he knew that the allegations he was making were untrue. He made the statements knowing they were false and knowing that such allegations would cause a great deal of stress for T. Doe and would damage her career and reputation. 100. Since coming forward with allegations against Blundell, T. Doe has become the subject, along with her common-law partner, W. Doe, of a CCI. Before making allegations against Blundell, T. Doe had never been the subject of an internal investigation. 101. The CCI was initiated in or about December 2002, by Maio who alleged that sometime in or about 1996 T. Doe and W. Doe, while both were stationed in Banff; Alberta, conducted themselves in a manner that would bring discredit to the RCMP. The allegations were frivolous and vexatious and were made in an effort to embarrass, intimidate and further harass T. Doe and W. Doe. The allegations were entirely without merit. Malo was motivated by malice when he made the allegations. He made the allegations knowing they were false, would cause a great deal of stress and would damage the careers and reputations of both T. Doe and W. Doe. 102. At the filing of this Statement of Claim T. Doe has yet to be cleared of any wrongdoing in regard to Main's allegation.

18

Allegations of L. Doe and V. Doe 103. On or about June 26, 2000, L. Doe gave a recorded statement to Casey and Chisholm

about the sexual assault upon her by Blundell. After giving her statement she was ordered not to speak to anyone about the incident or the ongoing investigation. 104. In or about November 2000, L. Doe gave a recorded statement to Hoetmer and Andrus of

the CPS Sex Crimes Unit about the assault by Blundell. 105. On or about April 30, 2001, L. Doe gave a recorded statement to Painter in relation to the

sexual assault by Blundell. 106. In or about May 2001, L. Doe was advised that her complaint against Blundell had been

"substantiated" and that a Board would be struck to hear the allegations. 107. In or about August 2000, V. Doe met with Inspector Jim Hislop, "K" Division (now

retired) in a room at the Capri Hotel in Red Deer, Alberta, and gave a recorded statement in relation to the assault by Blundell and her unauthorized participation in the undercover operation. 108. On or about October 11, 2000, V. Doe gave another recorded statement to Sergeant V.

Jenny Arriano, "K" Division in relation to the Blundell CCI. 109. On or about January 23, 2001, V. Doe gave a recorded statement to Hoetmer and Andrus

of the CPS Sex Crimes Unit about the sexual assault by Blundell. 110. P. German, Painter, Marsh and Dallin improperly interfered with the investigations

involving L. Doe and V. Doe. They did so by, among other things, providing Blundell with the contents of the internal investigation files and specifically with the statements given by L. Doe and V. Doe so that he was able to review them before he gave his own statement about the subject matter of the investigations. 111. In or about April 2001 Malo volunteered to give a statement in regard to the Blundell

CCI involving V. Doe notwithstanding that he was not a witness to any material event. In the statement he made false and defamatory representations about V. Doe. He alleged that she had conducted herself in a manner that would bring discredit to the RCMP. Maio was motivated by

19 malice when he made the statements and he knew that the allegations he was making were untrue. He made the statements knowing they were false and knowing that such allegations would cause a great deal of stress for V. Doe and would damage her career and reputation. 112. Barzczwesld, citing the allegations made by Maio against V. Doe, sent a memo to Chief Superintendent Raf Souccar, and/or other members of management in Ottawa, stating that V. Doe was not a credible person. Barzczweski knew that his characterization of V. Doe was false and knew that it would cause a great deal of stress for V. Doe and would damage her career and reputation. Further, the letter amounted to improper interference by Barzczwesld into the Blundell CCI. It was intended, and did, undermine the investigator's independence and it put pressure on the investigator to make determinations and findings of which Barzczweski would approve. 113. On or about May 22, 2001, Barzczweski advised V. Doe that her allegation of sexual assault had been substantiated. Although there would have been no documentation to support Barzczweski's finding, he found that, with respect to the allegation that Blundell had involved V. Doe in an undercover operation when not authorized to do so, it had not been substantiated. 114. V. Doe and L. Doe were thereafter advised that the disciplinary hearing of both their allegations would be held on December 11, 2001. 115. Since giving statements in relation to the Blundell CCI, L. Doe has been the denied professional opportunities. L. Doe has, for example, not been utilized as an undercover operator since providing her statements. 116. Since giving statements in relation to the Blundell CCI, V. Doe has been the subject of an internal investigation instigated as a result of a complaint made by another member of the RCMP, Sergeant Jim MacDonald. 117. MacDonald alleged that V. Doe had conducted herself in a manner that would bring discredit to the RCMP. The allegations were frivolous, vexatious, entirely without merit and made in an effort to embarrass, intimidate and further harass V. Doe. MacDonald made the allegations knowing them to be false and knowing that such allegations would cause a great deal of stress for V. Doe and would damage her career and reputation.

(2)

3
118. Since making her statements in regard to Blundell, V. Doe has been subjected to intense work place harassment including overtly sexual remarks and unwanted sexual contact. Such harassment ' has included unsolicited sexual remarks and unwanted sexual touching of her person by another member of the RCMP, Ingram. 119. V. Doe was repeatedly harassed while working in her capacity as a hostage negotiator with the RCMP's Emergency Response Team ("ER Team"). Krill repeatedly harassed V. Doe by, among other things, ignoring her presence when at the particular emergency that they had been called out on (e.g., prison riot). He further harassed her by either personally or directing others to tell her that she was no longer required as a negotiator for the ER Team despite the fact that the Team was short the mandatory number of negotiators. The harassment by Krill and other members of the ER Team jeopardized V. Doe's life, the lives of the other members of the ER Team, and the lives of those who were the subject of the emergency responses. 120. As a result of the above matters, V. Doe is no longer a negotiator on the ER Team,. V. Doe has been transferred twice since coming forward with her allegations against Blundell and has taken leave from her duties. At the filing of this action she remains off duty.
Allegations of K. Doe

121. On or about March 26, 2001 Sergeant Joe Mercier ("Mercier") "K" Division, Complaints and Internal Investigations, contacted K. Doe in regard to her involvement in an undercover operation in which Blundell participated. 122. On or about March 27, 2001, K. Doe met with Mercier and gave him a statement in relation to the sexual assault by Blundell. Shortly thereafter K. Doe was contacted by Painter who told her that he wanted her to provide a written statement. 123. K. Doe was very reluctant to provide a written statement and indicated this to Painter. He told her that if she did not provide a written statement about her assault by Blundell she could be charged under the RCMP Act with failing to provide a statement. He fluffier ordered her to not speak to anyone about the allegations or about the ongoing investigation.

21

124. K. Doe was on maternity leave when contacted by Mercier and was due to return to regular duties shortly. Prior to giving her statement to Painter, K. Doe decided to take an extended leave from the RCMP rather than return to regular duties. She made this decision because she had serious concerns about the effect her involvement in the Blundell CCI would have on her day-to-day work situation and on her career should she have returned to work. 125. K. Doe's concerns were based, in part, on her involvement in a prior sexual harassment investigation during her employ with the RCMP. Over an extended period of time she was repeatedly subjected to harassment that involved, among other things, finding pornographic material in and on her desk. The members of the RCMP who were responsible for the harassment were not disciplined or held accountable in any way for harassing K. Doe. Moreover, although the victim of the harassment, K. Doe was forced to transfer to another Detachment as a result of making the complaint. 126. Fearing that she would be the subject of a CCI K. Doe decided she had no alternative but to provide a written statement in relation to the assault by Blundell. On or about May 16, 2001, K. Doe met with Mercier and provided a recorded statement. 127. On or about May 22, 2001, K. Doe received a letter from Barszczewsld advising her that Painter had been assigned to investigate her allegations against Blundell. 128. On or about June 27, 2001, Hoetmer and Andrus of the CPS, Sex Crimes Unit interviewed K. Doe about her allegations against Blundell. 129. P. German, Painter, Marsh and Dallin improperly interfered with the investigation by, among other things, providing Blundell with the contents of the internal investigation file and specifically with the statement given by K. Doe so that he could review it before he gave his own statement in regard to the subject matter of the investigation. 130. In or about September 2001, the CCI involving K. Doe was completed and reviewed by Fleury and she forwarded a report to Barszczevvski.

133. On or about October 19, 2001, K. Doe sent an email to Fleury and asked her the reason why her complaint had not been substantiated. Fleury responded to K. Doe on or about October 31, 2001 and told her that "decision makers in Code of Conduct matters are not bound by policy or statute to justify or disclose their decision making rationale". 134. The RCMP has failed to take any reasonable steps to ensure that the Plaintiffs did not suffer from continued work place harassment after making their statements in regard to the assaults by Blundell. As a result K. Doe has taken leave without pay from her employment with the RCMP and at the filing of this action remains on off duty.

PART V ADJUDICATION HEARINGS ./E, Doe Matter 135. As set out above, a Board was not struck to hear K. Doe's allegation against Blundell.
T. Doe Hearing

136. T. Doe was not advised of the specific allegations Blundell would be facing before the Board despite repeated requests to Tim Nixon ("Nixon"), the RCMP's Appropriate Member's Representative ("AOR") who was assigned to prosecute the matter. 137. T. Doe also repeatedly asked Nixon for copies of the statements she had given in relation to her sexual assault by Blundell. Nixon did not provide them to her. 138. Nixon repeatedly told T. Doe that he did not represent her interests but rather that he represented Deputy Commissioner Busson's interests.

23

139. Nixon repeatedly remarked to T. Doe that he "was under a lot of pressure" and stated to her "you would not believe the amount of pressure I am under here". 140. On or about May 7, 2001, T. Doe and W. Doe met with P. German and Nixon to express

concerns in regard to the manner in which T. Doe was being treated and in regard to misgivings about the way the AOR. was conducting the prosecution. 141. Specifically, T. Doe expressed to them her concern that she did not know the nature of

the allegation that was going before the Board. She also expressed concern about the AOR's refusal to give her copies of her statements. She further expressed concern and dismay with respect to the fact that the AOR had decided not to call the similar fact evidence of K. Doe, V. Doe and L. Doe. 142. T. Doe was forced to obtain legal representation to assist her in her efforts to obtain information about Blundell's upcoming disciplinary hearing. 143. On or about July 25, 2001, T. Doe's counsel sent a letter to Deputy Commissioner Busson raising some of the concerns they had in regard to the matter and requested her assistance in the matter. Specifically, counsel sought an adjournment of the hearing so, that T. Doe could obtain and have the opportunity to review the numerous statements she had given in the matter be informed of specific wording of the allegations facing Blundell. Nixon had neglected, failed or refused to provide T. Doe with any of the statements which she had given in order to permit her to prepare for the hearing. 144. Further, T. Doe's counsel questioned why L. Doe, V. Doe, and K. Doe were not being called to give evidence in the hearing. Counsel also sought the replacement of the assigned AOR because of the serious misgivings T. Doe's
COUTIsel

had about the AOR's independence and

ability to prosecute a matter of this nature. Counsel for T. Doe, by letter, specifically informed Deputy Commissioner Busson, as the Appropriate Officer for the CCI, of the concerns with the prosecution of the CCI and Deputy Commissioner Busson was fixed with knowledge of the issues prior to the commencement of the hearing. 145. On or about July 31, 2001, Deputy Commissioner Busson wrote to T. Doe's counsel and advised that she would not replace the assigned AOR, Nixon.

24

146. Deputy Commissioner Busson failed to take all reasonable and appropriate steps to ensure that the AOR properly prosecuted T. Doe's complaint or to ensure that T. Doe was properly prepared for the hearing. 147. The T. Doe hearing commenced on August 8, 2001, and continued on August 9 and 10, and on September 10, 12, 13, and concluded on September 14, 2001. 148. The Board was to consider the following allegations against Blundell: (1) that sexual relations had occurred while Blundell was in a position of trust, power and/or authority making it inappropriate and disgraceful or in the alternative; (2) that sexual relations occurred in the course of the operation, making it inappropriate and disgraceful. 149. Dallin and Marsh attended the T. Doe hearing to support Blundell and the former was referred to on the record as "advisor to the defence". Dalin consulted with Blundell and Blundell's counsel throughout the hearing and sat behind Blundell throughout the hearing. 150. No support from the RCMP was provided to T. Doe during the hearing and no representative from the RCMP and specifically from the Divisional Representative Program attended the hearing on behalf of T. Doe. 151. Again, T. Doe, at her own expense, retained legal representation for the hearing. 152. On or about August 8, 2001, at the onset of the hearing, T. Doe's counsel attempted to participate in the hearing by applying directly to the Board for intervenor status. The Board refused the application for intervenor status and, as a result, the conduct of the matter rested entirely on the assigned AOR. 153. The AOR, Nixon, failed to introduce available evidence that would have corroborated T. Doe's evidence (e.g., telephone records, expense reports, duty schedules, and overtime forms). Nixon failed to raise objections when Blundell's counsel introduced hearsay evidence. He further failed to call the author of the hearsay evidence, W. Doe, who was available to testify and who could have given direct evidence on the issue. In fact W. Doe, who made himself available, was excluded from the hearing on the pretense that he would be called to give evidence and yet he was not called to do so.

25

154. Nixon also failed to call L. Doe, K. Doe and V. Doe to give similar fact evidence despite the fact that such evidence was clearly corroborative of T. Doe's allegations against Blundell, showing a Strildngly similar course of conduct on his part. Nixon also tried to have V. Doe, the only member of the RCMP there to support T. Doe, removed from the hearing despite having no intention of calling her to testify. 155. During the course of the hearing Nixon demonstrated a complete lack of commitment as a prosecutor of the complaint by, among other things, failing to prepare an appropriate crossexamination of Blundell and failing to prepare or interview potential corroborating or reply witnesses. Moreover, in his submissions, particularly in his closing argument, he undermined the evidence T. Doe gave. 156. The conduct of Nixon, which resulted in the undermining of T. Doe's credibility and the CCI prosecution itself, was directed by Deputy Commissioner Busson, as the Appropriate Officer, or other senior officers who are not presently known to the Plaintiffs. The directions included a specific direction not to call the other complainants (L. Doe, V. Doe and K. Doe) to provide similar fact or corroborating evidence. The conduct of Nixon, and the directions given by Deputy Commissioner Busson or the other senior officers were intended to protect Blundell from the CCI prosecution and to avoid jeopardizing his career, reputation and on-going undercover operations in which he was involved. 157. The Board rendered an oral decision on September 14, 2001, with written reasons to follow. The Board decided that the allegations were unfounded and acquitted Blundell. The Board did not find "Blundell's conduct disgraceful and sufficiently related to the employment situation so as to warrant discipline against Sergeant Blundell." 158. In or about the latter half of September 2001, T. Doe contacted the AOR in relation to appealing the Board's decision and was advised by Nixon that he was not going to appeal the decision.

26

L. Doe and V. Doe Hearing 159. The RCMP did not provide any support to L. Doe or V. Doe and took no steps to assist

them in preparing for the hearing of their complaints. 160. Despite repeated requests for disclosure of their numerous statements in regard to the

sexual assaults by Blundell, Nixon refused to give them to L. Doe and V. Doe. 161. L. Doe and V. Doe sought assistance from "E" Division's Divisional Representative

Program and spoke to Corporal Les Allen ("Allen") who offered to assist them. 162. Shortly thereafter Allen contacted L. Doe and V. Doe and told them that he could no

longer assist them and referred to the pressure he had been under from P. German and Dallin. 163. In or about November 2001, L. Doe and V. Doe were forced to obtain legal

representation at their own expense to assist them in preparing for the upcoming hearing. 164. V. Doe sought assistance from "K" Division, Divisional Representative Program and was

told that the Program could not provide her with any assistance. 165. In or about November 2001, L Doe and V. Doe's counsel wrote a letter to Deputy

Commissioner Busson outlining concerns in relation to the prosecution of the matter, namely Nixon's ability to competently prosecute the matter and his failure to prepare V. Doe and L. Doe to give evidence. 166. In or about November 2001, Deputy Commissioner Busson wrote to L. Doe and V. Doe's

counsel and advised them that the AOR, Nixon, had been replaced, and that Jennifer McCormick ("McCormick") would be prosecuting the matter. 167. L. Doe and V. Doe finally received disclosure of their statements in the latter part of November 2001 and McCormick took steps to prepare them for giving evidence at the hearing. 168. On December 10, 2001, the day before the hearing was to commence Dalin contacted P.

German and requested that he attend the hearing in Calgary.

27

169. The hearing commenced on December 11, 2001. Both Marsh and DaIlin were once again in attendance to support Blundell. 170. As requested by Dallin, P. German went to Calgary on or about December 12, 2001. P. German met with the AOR. She understood that he was there under Deputy Commissioner Busson's instructions. He advised her that Deputy Commissioner Busson "wanted this done". Right after this the AOR and P. German met with L. Doe and V. Doe. P. German then proceeded to draft the agreed statement of facts and dictated the terms of the sanction Blundell would receive. 171. In the agreed statement of facts, Blundell acknowledged that he had touched "private areas of [V. Doe's] body on top of her clothing and in the case of [L. Doe], grabbed her breast". r Blundell acknowledged touching L. Doe's breast despite having denied this in his statement given in relation to the CCI. Blundell further acknowledged involving V. Doe in an operation without authorization. He acknowledged this despite the fact that this allegation had not been substantiated by Barzczweski and despite having . denied doing so during the internal investigation into the matter. 172. As a direct result of P. German's interference, and entirely without their consent, approval, or input a wholly inadequate plea bargain was made with Blundell. 173. On numerous occasions since December 11, 2001, P. German has repeatedly stated to senior members of the RCMP, including Assistant Superintendent Ian Atkins and Sergeant Chris Harmes, "A" Division, that the plea bargain with Blundell was made because V. Doe and L. Doe would not testify at the hearing. 174. At no time did V. Doe or L. Doe state, or in any way suggest, that they would not testify at Blundell's hearing. In fact, when they were informed of the plea bargain agreed to, L. Doe insisted on a full hearing of the matter. P. German told her that there would not be a hearing. 175. Blundell received the following sanction: a reprimand, a forfeiture of one day's pay and a recommendation for professional counselling through a referral to the RCMP's Health Services Officer.

28

176. The forfeiture of the one day's pay was latex altered to one day's regular time off ("RTO") so that the sanction would not have a negative impact on Blundell's future opportunities with the RCMP, specifically, his opportunities in relation to the RCMP's Officer Candidate Program. 177. In imposing the sanction the Board referred to mitigating factors including the following:

there had been no prior discipline; Blundell "is acknowledged as a good performer", and that he "has the implicit support of the Commanding Officer". 178. To the best of the Plaintiffs' knowledge, Blundell has not sought professional counseling. PART VI INTERNAL REVIEW BY RCMP 179. The Plaintiffs, as a result of their experiences in the CCI, developed significant concerns about the RCMP's ability to fairly, effectively and appropriately deal with complaints, particularly complaints wherein it is alleged that one member of the RCMP has sexually assaulted or harassed another member. 180. The Plaintiffs also developed grave concerns about the interference by senior members in the internal complaint process. They also had serious concerns about Blundell's continued employment with the RCMP and his continued involvement in undercover operations as this would give him the opportunity to further victimize female members (including civilian), sources and protected witnesses. 181. Consequently, on or about April 24, 2002, having exhausted all internal avenues of redress with the RCMP, the Plaintiffs conveyed their concerns in writing to Commissioner Zaccardelli. 182. In or about June 2002 Commissioner Zacarrdelli ordered an administrative review of the RCMP's internal complaint process specifically in relation to the allegations made against Blundell. Chief Superintendent Ian Atkins and Sergeant Chris Harmes carried out the review. A review by an independent labour relations/harassment expert was also carried out.

29

183. The Plaintiffs were asked to provide statements to Chief Superintendent Atkins and Sergeant Harmes and each of them complied with the request on or about September 7 or 8, 2002. 184. In or about April 2003 the Plaintiffs again expressed in writing their concerns to Commissioner Zaccardelli because each continued to suffer personally and professionally from the assaults, from their involvement in the internal complaint process, and from ongoing workplace harassment. 185. On or about June 27, 2003 the Plaintiffs met with the Commissioner in Ottawa, Ontario and again expressed their concerns to him personally. To date, no action has been taken by the Commissioner in regard to their concerns. 186. To the best of the Plaintiffs' knowledge, Blundell remains in the RCMP and continues to work in the undercover program and specifically continues to have unsupervised contact with female undercover operators and sources, and women in the Witness Protection Program. 187. The Plaintiffs allege that the desire, as stated in "K" Division's Administration Man. XIII-I sections (A) and (D)(e), to "avoid excessive controversy, to reduce potential conflict and minimize costs" in relation to sexual harassment complaints takes precedence over its "commit[menti to providing a working environment in which all members and employees are treated with respect and dignity."

PART VII LIABILITY Breach of Fiduciary Duty

188. The Crown owed the Plaintiffs fiduciary duties to protect them from sexual assault, discrimination and harassment by its own servants, which it breached when it failed to take reasonable steps to provide for the Plaintiffs' safety, health and welfare and to minimize the risk of being subjected to discrimination, sexual harassment, and sexual assaults while in the employ of the RCMP, some particulars of which include the following;

(.9

30

(a)

Failing to take all reasonable steps to ensure the Plaintiffs' safety in the work place;

(b) (c)

Failing to properly supervise its employees, agents or servants; Failing to properly supervise the undercover program when it knew or ought to have known of the manner in which female members were treated within it;

(d)

Failing to have an adequate policies and procedures to deal with sexual assault, battery and intimidation complaints made; Failing to take action to prevent the aforementioned assaults when it knew or ought to have known that Blundell was a sexual predator and dangerous employee who had a history of sexually assaulting female members of the RCMP;

(f)

Failing to thoroughly investigate the Plaintiffs' harassment complaints; and Failing to take adequate steps to prevent the improper interference into the internal investigations involving the Plaintiffs' allegations when it knew or ought to have known that they were being improperly interfere with by senior members of the RCMP.

189. Commissioner Zaccardelli, Deputy Commissioner Busson, Chief Superintendent P. German, Superintendent Vince Casey, Superintendent Barszczewski, Inspector Jim Hislop, Staff Sergeant Jim Dallin, Staff Sergeant Peter Marsh, and Staff Sergeant Debbie Chishobn, in their respective capacities owed the Plaintiffs fiduciary duties, including: (a)
A duty to take all reasonable steps to ensure the workplace was

free from harassment, and in particular free from sexual harassment and abuse;

31

(b)

A duty to properly investigate allegations of wrongdoing with all due diligence and fairness;

(c)

A duty to ensure those found to be in breach of the RCMP's core values are held accountable;

(d)

A duty to properly supervise members of the RCMP, and in particular those involved in "E" and "K" Divisions undercover Program, and those involved in "K" Division ER Team;

(e)

A duty not to act for a purpose collateral to proper administration under the RCMP Act; and

(f)

A duty to act impartially.

190. Commissioner Zaccardelli, Deputy Commissioner Busson, Chief Superintendent P. German, Superintendent Vince Casey, Superintendent Barszczewsld, Inspector Jim Hislop, Staff Sergeant Jim Dallin, Staff Sergeant Peter Marsh, and Staff Sergeant Debbie Chisholm breached these duties to the Plaintiffs. They did not will all due diligence, in good faith and impartiality investigate the serious allegations of wrongdoing that had been brought to their attention. Rather, the acted partially in favour of the career ambitions of Blundell and in an effort to protect the image and reputation of the RCMP. 191. They acted for the collateral purposes of promoting Blundell's interests and attempting to maintain his credibility (and thereby not weaken the RCMP's cases against several suspected murderers). To have properly investigated the Plaintiffs' allegations and to find the Plaintiffs credible would have undermined Blundell's reputation as a "good performer". To have acted in good faith and to have properly investigated the allegations would have jeopardized several homicide investigations in which Blundell's testimony was critical in securing convictions. 192. Commissioner Za.ccardelli, Deputy Commissioner Busson, Chief Superintendent P. German, Superintendent Vince Casey, Superintendent Barszczewski, Inspector Jim Hislop, Staff Sergeant Jim Dallin, Staff Sergeant Peter Marsh, and Staff Sergeant Debbie Chisholm acted for

32

the collateral purpose of making examples of the Plaintiffs to the rest of the RCMP members (particularly female members). 193. Further, they acted for the collateral purpose of protecting the RCMP's international reputation as a highly regarded police force. They did not properly investigate the matters alleged by the Plaintiffs. To have properly investigated the allegations and appropriately sanctioned senior members found to have acted improperly would have meant acknowledging the extent of the sexual harassment problem in the RCMP and thus would have seriously undermined the RCMP's reputation. 194. As well, they were unable, or unwilling, to hold those who improperly interfered with the investigations accountable. 125. They were also unable, or unwilling, to properly supervise members the RCMP and in particular members of "E" and "K" Divisions' undercover Programs and "K" Division's ER Team. 196. Sergeant R. German, Sergeant Dan Painter, Sergeant Randy Burgess, and Sergeant Barb Fleury, in their respective capacities owed the Plaintiffs fiduciary duties, including: (a) A duty to, with all due diligence and fairness, properly investigate allegations of wrongdoing; (b) A duty not to act for a purpose collateral to proper administration under the RCMP Act; and (c) A duty to act impartially.

197. Sergeant It German, Sergeant Dan Painter, Sergeant Randy Burgess, and Sergeant Barb Fleury breached these duties to the Plaintiffs. They did not with all due diligence, in good faith and impartiality investigate the serious allegations of wrongdoing that had been brought to their attention. Rather, the acted partially and for the collateral purpose in favour of the career ambitions of Blundell and in an effort to protect the image and reputation of the RCMP.

33

198. Sergeant Dennis Krill, Sergeant Dan Malo, Sergeant Robert Blundell, Sergeant Jim MacDonald, Corporal Gary Shinkarulc, and Constable Harry Ingram, in their respective capacities owed the Plaintiffs fiduciary duties, including: (a) A duty to take all reasonable steps to ensure the workplace was free from harassment, and in particular free from sexual harassment and abuse; and
(b) A duty not to act for a purpose collateral to proper administration

under the RCMP Act. 199. Sergeant Dennis Krill, Sergeant Dan Maio, Sergeant Robert Blundell, Sergeant Jim MacDonald, Corporal Gary Shinkaruk, and Constable Harry Ingram breached these duties to the Plaintiffs. Each of them has harassed one or more of the Plaintiffs, the particulars of which are set out above. Further, each has used the administration of the RCMP to harm the reputations of the Plaintiffs by knowingly making false statements accusing the Plaintiffs of wrongdoing and conduct that would bring discredit to the RCMP. Such allegations were motivated by malice and designed to negatively impact the Plaintiffs' reputations and credibility.
Negligent Investigations

200. The Defendants are liable to the Plaintiffs for the tort of negligent investigation. The Plaintiffs were owed a duty Of care in the conduct of the investigations into the allegations they made against Blundell. It was reasonably foreseeable that the investigations could severely damage their careers and reputations if not carried out properly and in good faith. 201. The investigations were carried out negligently. The investigators failed to comply with recognized standards in police administration. The investigators failed to interview all relevant witnesses and took statements from individuals who were not witnesses and who only volunteered to give statements to damage the reputations of the Plaintiffs. The Defendants failed to treat the Plaintiffs fairly during the entire process. 202. The Defendants were negligent in failing to take all reasonable steps to mitigate the harm suffered by the Plaintiffs as a result of their involvement in the complaint process when they

34

knew or ought to have known that there would be such negative professional and personal repercussions. Unlawful Interference with Economic Relations 203. The illegal and inappropriate actions of the Defendants against the Plaintiffs were done

with the intention to injure their careers and economic prospects, or with reckless disregard for the impact on their careers and economic prospects. The Plaintiffs have suffered and continue to suffer economic losses as a result of the Defendants actions including significant overtime opportunities. Further, their prospects of advancement in the RCMP have been prejudiced. Abuse of Public Office 204. The actions of the Defendants constitute the tort of abuse of public office. They flagrantly abused their respective powers in order to make examples of the Plaintiffs and to demonstrate to the members of the RCMP that senior management will not tolerate those it perceives to be "rats" or "whistle-blowers". The Defendants wished to, and in fact have, signaled to the rank and file of the RCMP that silence, cover-up and minimization are the preferred methods of dealing with allegations of harassment (sexual and otherwise) within the RCMP. They also wished to signal, and did so, that those that do come forward with such allegations would not advance in the RCMP and would suffer retribution for their actions. Intentional Infliction of Mental Distress 205. As a consequence of the Defendants' intentional wrongful actions, the Plaintiffs have, and continue to, suffer psychologically. The Plaintiffs have variously suffered from the following injuries and consequences, the particulars of which will be proven at the trial of this action: (a) (b) (c) diminished self worth; diminished ability to concentrate; repeated and ongoing nightmares;

35

(d)

depression;

(e) - difficulty in coping with emotional stress; (f) (g) (h) anxiety attacks; feelings of guilt, responsibility and self-blame; nervous shock; emotional anguish; (j) (k) (1) migraines; insomnia; and loss of enjoyment of life.

206. As a further consequence of the Defendants' intentional wrongful actions, the Plaintiffs relationships with family members and friends have suffered greatly. 207. The wrongful actions were taken without reasonable cause, intentionally or recklessly to cause emotional distress to the Plaintiffs, and to make them the objects of contempt and ridicule. 208. The Defendants knew or ought to have known that the Plaintiffs would be seriously upset

by the wrongful actions, and that such actions would likely cause injuries to them. As such, their conduct amounted to assaults on the Plaintiffs.
Injurious Falsehood

209.

The Defendants are liable to the Plaintiffs for injurious falsehood. The Defendants have

made certain statements knowing them to be false, or they were made with reckless disregard for the truth. As a result of the injurious falsehoods committed by the Defendants, the Plaintiffs have suffered damages, including lost wages and lost opportunities for advancement. The amounts of these losses will be quantified at the trial.

36

210.

The Plaintiffs have suffered continuous damage. Their careers continue to be prejudiced.

They are considered to be "rats" and "whistle-blowers". They are considered untrustworthy and lack credibility. The Defendants have not only failed to dispel these notions they have continued to actively encourage them. 211. Further, the Plaintiffs have suffered due to the wrongful actions of the Defendants from

innuendoes and misrepresentation in relation to their motivations for making the allegations against Blundell. This has resulted in a poisoned and distrustful work environment for each of them. 212. repair. 213. As a consequence of the Defendants' wrongful acts, the Plaintiffs have suffered, and The Plaintiffs continue to be the subject of ridicule and gossip inside and outside the

RCMP. Their standings in their respective communities at large have been' damaged beyond

continue -to suffer, mental anguish.

Breach of s. 15 of the Charter

214.

The Defendants breached the Plaintiffs' rights to be free from discrimination on the basis

of sex, pursuant to s. 15 of the Charter of Rights and Freedoms.

FART DAMAGES and..T.RIALISSUES

215.

The wrongful acts committed by the Defendants are of such a morally reprehensible

nature as to warrant an award of punitive damages. The acts complained of within have not been dealt with in the criminal system. 216. The wrongful acts committed by the Defendants are of such a humiliating and degrading

nature as to warrant an award of aggravated damages. 217. The Defendants' breach of fiduciary duties are of such a serious nature as to require

equitable compensation.

37

218.

The Plaintiffs have suffered past and future loss of income in such an amount as may be

proven at the trial of this action. 219. As a consequence of this action, the Plaintiffs have incurred and will incur additional special damages including costs associated with treatment, including counseling, and medication, the particulars of which will be proven at the trial of this action. 220. The Plaintiffs propose that the trial of this action be held at the Court House, in the City

of Calgary, in the Province of Alberta. 221. The Plaintiffs are advised by counsel that the trial of this action will not exceed 25 days.

WHEREFORE THE PLAINTIFF T. DOE CLAIMS AS AGAINST THE DEFENDANTS ' JOINTLY AND SEVERALLY: 1. 2. 3. 4. 5. 6. 7. General Damages in the amount of $ 250,000; Special Damages in the amounts as will be proven at the trial of this action; Aggravated damages in the amount of $100,000; Punitive damages in the amount of $200,000; Equitable Compensation for breach of fiduciary duty in the amount of $200,000; Interest pursuant to the Judgment Interest Act, R.S.A. 2000 c..1-0.5; Costs of this action on a solicitor/client basis, or in the alternative on a party/party basis,

including Goods and Services (GST); and 8. Such further and other relief as this Honourable Court may deem meet.

WHEREFORE THE PLAINTIFF L. DOE CLAIMS AS AGAINST THE DEFENDANTS JOINTLY AND SEVERALLY: 1. General Damages in the amount of $ 250,000;

-r

38

2. 3. 4. 5. 6. 7.

Special Damages in the amounts as will be proven at the trial of this action; Aggravated damages in the amount of $100,000; Punitive damages in the amount of $200,000; Equitable Compensation for breach of fiduciary duty in the amount of $200,000; Interest pursuant to the Judgment Interest Act, supra; Costs of this action on a solicitor/client basis, or in the alternative on a party/party basis, including Goods and Services (GST); and

8.

Such further and other relief as this Honourable Court may deem meet.

WHEREFORE THE PLAINTIFF K. DOE CLAIMS AS AGAINST THE DEFENDANTS JOINTLY AND SEVERALLY: General Damages in the amount of $ 250,000; 2. 3. 4. 5. 6. 7. Special Damages in the amounts as will be proven at the trial of this action; Aggravated damages in the amount of $100,000; Punitive damages in the amount of $200,000; Equitable Compensation for breach of fiduciary duty in the amount of $200,000; Interest pursuant to the Judgment Interest Act, supra; Costs of this action on a solicitor/client basis, or in the alternative on a party/party basis, including Goods and Services (GST); and 8. Such further and other relief as this Honourable Court may deem meet.

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WHEREFORE TILE PLAINTIFF V. DM CLAIMS AS AGAINST TILE DEFENDANTS JOINTLY AND SEVERALLY: I. 2. 3. 4. 5. 6. 7: General Damages in the amount of $ 250,000; Special Damages in the amounts as will be proven at the trial of this action; Aggravated damages in the amount of $100,000; Punitive damages in the amount of $200,000; Equitable Compensation for breach of fiduciary duty in the amount of $200,000; Interest pursuant to the Judgment Interest Act, supra; Costs of this action on a solicitor/client basis, or in the alternative on a party/party basis, including Goods and Services (GST); and S. Such further and other relief as this Honourable Court may deem meet.

DATED at the City of Calgary, in the Province of Alberta, this 25 th day of September, 2003, AND DELIVERED by Angela Byrne of Heenan Blaikie LLP and John Kingman Phillips of Paliare Roland Rosenberg Rothstein, Barristers and Solicitors for the Plaintiffs herein, whose address forservice is in care of the said solicitors at 1000, 425 1 st Street S.W., Calgary, Alberta T2P 3LS.

ISSUED OUT of the office of the Clerk of the Court of Queen's Bench of Alberta, Judicial District of Calgary, this 25 th day of September 2003.