OSOYOOS TIMES-September 22, 2010

By Paul Everest – Osoyoos Times

Two former members of the Osoyoos-Oliver RCMP detachment who are married are suing a trio of local Mounties over alleged harassment and intimidation on the job in 2008.
Jason and Sasha MacLean, who joined the Osoyoos-Oliver RCMP in 2003 and 2004 respectively, filed the suit against Staff Sgt. Kurt Lozinski, commander of the local detachment, Sgt. Kevin Schur and Cpl. Michael Field in British Columbia Supreme Court on Sept. 8.
The suit also names the Attorney General of Canada and B.C.’s Minister of Public Safety and Solicitor General as defendants.
The MacLeans, who were married in July, 2007, allege in the suit that Lozinski, Schur and Field, who served as the couple’s supervising officers during their time at the detachment, “adopted a manner of dealing with the Plaintiffs which was harassing and intended to be so, and/or was intimidating, all of which followed a series of medical leaves of, or medical restrictions placed on, the Plaintiffs.”
The suit also states that the defendants “adopted a policy of intimidation to influence members to work when they were unwell or injured.”
The provincial and federal governments are named as defendants in the suit because they are “vicariously and/or statutorily liable for the negligence of any and all members of the RCMP within British Columbia,” the suit states.
According to the MacLeans’ Notice of Claim, the alleged intimidation and harassment began on May 8, 2008, when Schur attended the MacLeans’ home to speak with Sasha, who was on sick leave at the time.
The suit states that Schur advised Sasha that her leave had “left the detachment short staffed and she should consider reporting for work the next day so as not to cause any further shortages.”


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MARRIED COUPLE’S ALLEGATIONS STEM FROM 2008

It is alleged that Schur and Lozinski “openly questioned the legitimacy of the Plaintiffs’ sick leaves and shared their views openly with the Plaintiffs’ co-workers.”
An email included in the Notice of Claim from Lozinski to Schur dated July 23, 2008, discussing Jason’s request for annual leave states Lozinski’s alleged feelings about the plaintiffs and their requests for leave from work.
“I guess what we would do if it was not these people and they did not screw the system for the past two years… probably help them out,” Lozinski allegedly wrote.
The MacLeans also allege that Lozinski told Sasha that she “should put on her big girl underwear” when he addressed her sick leave.
It is stated in the claim that Schur also “wrongfully questioned the quality of, and attempted to interfere in the medical treatment that each of the Plaintiffs were receiving” in relation to injuries and illnesses the couple sustained between March and June of 2008.
In relation to “a medical event” that landed Jason in the hospital in March of 2008 and rendered him unfit for duty for a long period of time, the suit alleges that Schur made suggestions in May, 2008, that Jason’s doctors were not qualified and were “incompetent with their diagnoses.”
Jason became concerned about Schur’s actions, the claim states, and contacted the RCMP Health Service Branch which stated it had “no issues” with the quality of medical care Jason was receiving.
After Sasha was placed on light duties for six weeks due to a shoulder injury sustained during a training session in June, 2008, it is alleged that Schur directed her to get a “proper diagnosis” from her doctor so that she could return to full duties sooner.
The suit states that Schur’s direction concerned Sasha and “angered her physician.”
After Jason called the Osoyoos detachment on June 12, 2008, to advise that his wife was ill and would not be able to work her shift the following day, it is alleged that an email was sent to Sasha from the defendants on June 13 stating “Unless you are bleeding out both of your eyes or have come down with some other illness that has rendered you incapacitated to speak, then there is no reason why you cannot make the call yourself.”
Sasha, while still on light-duty work, was assigned to assist in night-shift bookings of prisoners to the detachment’s cell blocks in June of 2008 even though RCMP policy states that people working light duties are to work a 40-hour week from Monday to Friday between 8 a.m. and 4 p.m.
During one night shift as a cell block guard on July 1, 2008, Sasha “was the only guard on duty and in uniform with no intervention equipment placing her in risk of personal safety,” the suit states.
It is also alleged Schur accused Jason of inappropriately leaving the detachment area while on medical leave to be with Sasha while she was taking a training course in Chilliwack earlier in the year.
Jason denied this accusation, the suit states, but Schur discussed bringing about an Internal Code of Conduct investigation against Jason on the basis that he was being “deceitful” about his activities during his medical leave.
On Aug. 1, 2008, Sasha was directed to meet with Field in his office and during a three-hour meeting Field told her the detachment was investigating Jason and she was being interviewed as a witness.
Field allegedly accused her of leaving the training course in Chilliwack and that Jason was with her during the course.
It also alleged that Field told Sasha that the “RCMP should come first and her family second” and that she should “counsel her husband about his attitude at work.”
The claim states that Field advised Sasha to leave the RCMP and told her she and Jason were not welcome at the detachment and should make efforts to leave.
The MacLeans allege that Field also came to their house several times in response to further medical leave issues brought about in August of 2008, in one case questioning Jason about his medical status and in another dropping off a package about the RCMP’s generic policy on the issue of sick leave.
Jason contacted the RCMP’s Health Services unit in September to confirm that it does not condone such attendances at a member’s personal residence and was allegedly advised that the unit would direct Lozinski to not have police supervisors come to their home.
The claim states that Jason was also advised to seek assistance from the RCMP’s Division Harassment Coordinator.
By September of 2008, the claim states, the couple were no longer allowed to enter detachment buildings in Osoyoos or Oliver without contacting Lozinski, who also advised other detachment members, via email, to have no contact with the MacLeans.
Although Lozinski told the couple at a meeting on Sept. 10, 2008, that he had a requested a full investigation into their harassment claims, the suit alleges, the Division Harassment Coordinator told Jason a few weeks after the meeting that no such request
had been made.
On Oct. 14, 2008, Jason retrieved his personal belongings from the detachment under personal escort and was temporarily assigned to the Penticton detachment the following day.
The suit states that the MacLeans were never served with any Notice of Suspension from the Osoyoos-Oliver detachment, even though RCMP policy demands such a notice.
Jason continued into 2009 to inquire about the reason for he and his wife’s “banishment” from the detachment, the suit states, and was told by a superior that Lozinski had alleged in the summer of 2009 that Jason had physically attacked Field on Sept. 9, 2008.
Jason was told, however, that the allegation would not be pursued by investigators.
Jason also contacted a number of “superior offices” in 2008 to determine the status of a harassment complaint brought about by the couple.
When he took the matter to Gary Bass, commander of the B.C. RCMP’s E Division, an investigation was ordered in February, 2009, the suit states.
The suit alleges that Lozinski, in retaliation to the harassment complaint, “improperly authorized an unfounded investigation into possible spousal abuse by Jason MacLean without grounds or reasonable grounds to do so.”
Sasha, meanwhile, was on maternity leave until May, 2010, and when she returned she was assigned to the Penticton detachment which meant she would come into regular contact with Lozinski and Field, the claim states.
“The stress of the situation resulted in her psychologist ordering her on ODS (off-duty sick leave) for treatment of a stress-related disorder.”
Jason accepted a position with the Comox detachment in June, 2010.
The MacLeans state in the claim that because of the actions of the defendants, their careers with the RCMP “have been placed in jeopardy and/or their career paths have been adversely affected.”
None of the allegations against any of the defendants have been proven.
When contacted by the Osoyoos Times on Sept. 17, Lozinski said he was “quite surprised” by the allegations and said he had not yet received the MacLeans’ Notice of Claim.
He issued this response to the allegations by email on Sept. 18:
“We stand by our managerial actions in this matter and look forward to having a full and open review of the facts before the courts as soon as possible. It is unfortunate that it has become necessary to address this matter within the public forum but trust that the privacy of all involved will be respected. We look forward to fair and unbiased coverage in the media as this progresses. The three of us remain steadfast in our commitment to our duty and will continue to serve our communities with compassion and respect.”
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