Law360 Canada ( August 20, 2024, 11:39 AM EDT) -- Appeal by Davis from Federal Court judge’s decision granting respondent’s motion to strike Davis’s statement of claim. She argued that the Associate Judge and Federal Court judge erred in law in finding that her claim was barred by operation of s. 236(1) of the Federal Public Sector Labour Relations Act (“FPSLRA”). Davis was a former employee of the Royal Canadian Mounted Police (“RCMP”). She was a person with disabilities. Davis filed a complaint with the RCMP’s Office for the Coordination of Harassment Complaints. An Assistant Commissioner of the RCMP issued a 65-page Record of Decision finding that Davis’s complaint was not substantiated. Davis grieved the Assistant Commissioner’s decision. Her grievance was referred directly to the third level of the grievance process. The Chief Human Resources Officer subsequently dismissed Davis’s grievance. Davis sought judicial review of the Chief Human Resources Officer’s decision asking to quash both the Record of Decision and the Grievance Decision on the basis of bias and procedural unfairness. However, Davis discontinued her application for judicial review prior to it being heard. Shortly after discontinuing her application for judicial review, she filed a statement of claim in the Federal Court naming the RCMP as the defendant. The RCMP brought a motion to strike Davis’s statement of claim, without leave to amend, on the basis that her claim was barred by s. 236(1) of the FPSLRA. The Federal Court granted the RCMP’s motion....