Law360 Canada ( November 27, 2025, 10:26 AM EST) -- Appeal by appellants from decision of the Federal Court dismissing their certification motion. The appellants sought certification of a class proceeding, as representative plaintiffs, on behalf of a class of current and former regular members of the RCMP with an operational stress injury. The appellants claimed that the RCMP was systemically negligent and discriminate in delivering Mental Health Services to members of the proposed Class. The appellants said that they did not seek damages for the operational stress injuries, but for the harms caused by the separate event of the RCMP’s systemic negligence and the Canadian Charter of Rights and Freedoms (Charter) breach. The central issue on the certification motion was whether the claims for systemic negligence or under s. 15(1) of the Charter were barred. The Federal Court concluded that the claims were barred for proposed Class members entitled to receive a disability pension, including the proposed representative plaintiffs, such that there was no suitable representative plaintiff. The appellants submitted that the Federal Court committed several errors. First, it erred by finding the appellants conceded that anyone eligible for a disability pension was barred by s. 9 of the Crown Liability and Proceedings Act (CLPA) from advancing a claim in systemic negligence. It also erred in concluding that s. 9 of the CLPA barred the systemic negligence and Charter claims of all proposed Class members eligible for a disability pension. Lastly, it erred in determining that there was no representative plaintiff to advance the interests of the Class....