G-791 - Harassment

The Grievor was off-duty sick (ODS) and had been assigned a medical profile. After being ODS for more than two years, the RCMP revised her medical profile. The Grievor then presented a grievance contesting a Health Service Officer’s (HSO) decision to use her medical information for the purpose of assigning her a medical profile without her written consent to use the information for that specific purpose. One year later, the Grievor presented another grievance which was almost identical to the initial one, with some additional concerns. A Level I Adjudicator joined the two grievances into a single combined Grievance. Several years later, the Grievor was discharged from the RCMP.

A different Level I Adjudicator denied the Grievance on its merits. The Grievor resubmitted the matter at Level II and it was referred to the ERC.

The Grievor reiterated her concerns at Level II about the alleged improper use of her medical information. She specifically notes that she did not sign a section on her medical certificates authorizing information about her health condition or injury to be provided to RCMP Health Services. She believes that because she did not sign this section, she did not consent to the use of her medical information in her medical certificates to be used to assign her medical profiles.   

The ERC found that the Grievor’s information in her medical certificates had not been misused when it was used to recommend her medical profiles.

The RCMP was not required to obtain the Grievor’s consent before using the information in her medical certificates to assign her medical profiles. Subsection 7(a) of the Privacy Act (R.S.C. 1985, c. P-21) (Privacy Act) allows the RCMP to use the Grievor’s information in her medical certificates, without obtaining her consent, to assign her medical profiles. This is because the purpose of collecting the Grievor’s information in her medical certificates is consistent with the use of the information to assign her medical profiles.

One of the primary purposes for collecting the information in the medical certificate is to enable a member’s physician to share with RCMP Health Services medical information, opinions and recommendations related to a member’s abilities to safely perform police work. The “consistent use” test outlined in subsection 7(a) of the Privacy Act is met because there is a sufficiently direct connection between one of the purposes for collecting the information in the medical certificate and the use of the information in the medical profile process, which is to ensure that the member can perform police work safely.

The ERC also considered the Grievor’s arguments in her Grievance that one of her medical profiles was assigned in an arbitrary manner, was discriminatory, and not supported by RCMP policy. The ERC found that the Grievor offers little support for her arguments, which are otherwise not borne out by the record.       

The ERC recommends that this Grievance be denied.