FAQ

Q?If I decide to stop my Legal Fund deductions, what is the process?
A.

Email: [email protected]

When you joined the Legal Fund, because Compensation are always working on future issues, it takes 8-10 weeks for the deduction to start. It will take the same amount of time for the deduction to stop.

Q?Will the Legal Fund be used to file actions against the RCMP if management, as the employer, refuses legal support to the members, according to the Legal Services to Public Servants Policy? Will the Legal Fund pay for action against another member of the Legal fund?
A.

Each case will be judged on its merits in accordance wit the objectives of the Legal Fund, availability of funding, and such other matters as the Executive Committee deems relevant in the circumstances. The Legal Fund will not pay for actions against another member of the Legal Fund. To do so could result in the Legal Fund paying for both the action of the Plaintiff and the Defendant.

Q?Are the directors of the Fund insured?
A.

Yes. There is also a section of the by-laws which provides indemnification of present and past directors and officers of the Fund.

Q?What are the procedures and rules of participation for voting members?
A.

The procedures are clearly laid out in the Fund Instructions and Schedule Flow Chart and deal with management and administration of the Legal Fund. A copy was provided to each Staff Relations Representative (SRR) and could be provided again through our Secretary-Treasurer.

Q?Where will the annual meetings of the Fund be held? Will the members be allowed to attend these meetings? How will they present their claims and questions?
A.

The Legal Fund is made up of voting and nonvoting members. The annual meetings of the voting members will be held each year. The date, time and place in Canada will be decided by the Executive Committee via resolution. Voting members will be given notice of the meeting in advance, and can attend the meeting and exercise voting privileges in accordance with the rules of membership in the Legal Fund.

Q?Is the Mounted Police Members’ Legal Fund independent from the RCMP.
A.

Yes. It is a registered non-profit organization under the CCA (Canada Corporations Act) and will be regularly audited by an independent firm with the results being provided to members of the Fund upon request.

Q?Concerning the payment of legal fees for members acting within the scope of their duties, will the Fund give the opportunity to the RCMP to relieve itself of its responsibilities?
A.

Absolutely not. In fact the Fund can be used in these cases to force the RCMP to live up to its obligation to provide legal fees for members.

Q?Who will decide if the complaint and/or the action of the member is deemed appropriate?
A.

Approval for funding by the Executive Committee is based upon the objectives of the Legal Fund, availability of funding, and other matters that the Executive Committee deems relevant in the circumstances. The appropriateness of a case involving a complaint or action of a member may be one of the criterion that is examined by the Executive Committee, but in the vast majority of cases, the appropriateness of the case involving a complaint or action of a member will be examined by the Division Board.

Q?If the member feels aggrieved by a decision and the committee is of the opinion that it is not an issue of national interest, will he be able to get help from the fund?
A.

We believe that all issues are national in scope. The organization of the RCMP is such that what affects one member, affects all.

Q?Will the Legal Fund be used for legal procedures against the RCMP or its management concerning decisions that are prejudicial to the members, including civil actions against a CO, the Commissioner etc.?
A.

Yes. We would hope that such proceedings will not be necessary but realistically this is not likely.

Q?Will the Legal Fund pay the legal fees for actions involving a group of members affected by a problem specific to their Region/Division? For example: Bilingual Bonus and interest, Plainclothes Allowance, etc..
A.

There is absolutely nothing in the by-laws to prevent payment for such issues.

Q?Will members of the Fund be allowed to be represented by a lawyer of their own choosing? If not, who will represent them?
A.

The Board of Directors, or the National Executive acting on their behalf, will set these rules, since they have control over their funds. The nature of the case, geographies, desire of the member/committee, and available legal expertise are the major deciding factors.

Q?If I am successful in resolving my complaint, what are my obligations to the Legal Fund? If I am unsuccessful, what are my obligations to the Legal Fund?
A.

Should circumstances permit (i.e., if you receive a settlement of funds), repayment of funds advanced by the Legal Fund.

Q?How and to whom do I make a request for assistance?
A.

Information in this regard is contained in the Legal Fund Procedures. A copy can be obtained from any SRR or by contacting the Secretary/Treasurer at [email protected]

Q?Has the Mounted Police Members Legal Fund ever had a financial Audit?
A.

Yes, auditors Deloitte and Touche perform a yearly audit. Their report is available to members of the Legal Fund upon request from the Secretary-Treasurer.

Q?Do I have to be a member of the Legal Fund for any period of time to qualify for assistance?
A.

No, but should the issue for which you are requesting assistance be one that affects you personally as an individual, you should have been a member of the Legal Fund when that incident occurred. Becoming a member of the Legal Fund after the fact may result in your request not being approved.

Q?Do I have to be a member of the Legal Fund to request assistance from the Legal Fund?
A.

Yes

Q?How do I become a member of the Legal Fund?
A.

Membership Application Forms may be obtained from your local SRR.

Q?What is the cost?
A.

Four dollars ($4.00) bi-weekly ($104.00 per year) by pay deduction.

Q?What is the benefit of becoming a member of the Legal Fund?
A.

As members of a diverse, internationally recognized organization, there are many issues that concern us. It was imperative we establish a way to aggressively pursue those issues. The protection of a National Legal Fund, solely supported by the membership of the RCMP, is fulfilling that need.

Q?Who can be a member of the Legal Fund?
A.

Membership in the Legal Fund shall be limited to members of the RCMP who:

(a) are eligible to vote for the election of Representatives;

(b) are interested in furthering the objects of the Legal Fund;

(c) have received approval of the Board of their application for admission as a member; and

(d) have paid their annual fees to the Legal Fund.

Q?What is the source of funds for the Legal Fund?
A.

The Legal Fund will only be entitled to collect and receive funds from the following sources and in the following manner:

(a) membership fees from members of the Legal Fund collected by way of payroll deduction;
(b) fees, costs, remuneration, interest or commission earned by or refunded to the Legal Fund; and,

(c) all funds assigned to the Legal Fund by a member pursuant to paragraphs 30 and 40 of the 1998 National Policies and Procedures.

Q?What is the Mounted Police Members’ Legal Fund?
A.

The Mounted Police Members’ Legal Fund (Legal Fund) is a non-profit corporation through which funding may be provided for:
a. action to bring a resolution of issues between members of The Mounted Police Members’ Legal Fund and the Government of Canada;

b. actions taken collectively or individually with respect to matters which affect the dignity or welfare of a member or members of the Legal Fund which are not funded under benefit programs, including any Treasury Board policies and directives or any RCMP policies and directives, in effect by the RCMP or the Government of Canada for the benefit of members of the RCMP; and,

c. researching, investigating, exploring, analyzing, examining, collecting of information or data and hiring outside counsel or organizations to do any of the foregoing in respect of issues described in (a) or (b) above.