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Mountie battles discharge from RCMP – A former Mayerthorpe RCMP officer who developed post-traumatic stress disorder following the 2005 murder of four of his colleagues is claiming his Charter rights were violated when he was discharged from the force because of his disability.
Former constable Trevor Josok was dismissed June 13, 2016, more than a decade after the tragic shooting that triggered a “disabling condition” that forced him to take a medical leave.
Josok was finally let go following changes to the RCMP Act that allow for the dismissal of an officer having a disability. If Josok’s application for a judicial review by the Federal Court is successful, it could have implications in a number of cases across Canada, his lawyer Sebastian Anderson, a B.C.-based labour rights attorney, said earlier this week.
On the afternoon of March 2, 2005, Mayerthorpe RCMP were called to James Roszko‘s property by bailiffs trying to repossess Roszko’s truck. Roszko had set his dogs on the bailiffs before speeding away.
Officers responding to the call found a substantial marijuana grow operation and a chop shop of stolen vehicle parts inside a Quonset on the property. According to Anderson, Josok was among the officers that worked the overnight shift, guarding the property until the search could resume in the morning.
Sometime during the night, unbeknownst to Josok and his colleagues, Roszko managed to sneak back onto the farm and into the Quonset.
When the end of his shift came, Josok met up with a fellow officer for coffee. When they were done, Josok went home to bed.
“While he was asleep, the other member he’d had coffee with received a call to come in and work overtime, to be engaged in the raid on Roszko’s farm,” Anderson said.
When that officer arrived at the property, he and three others entered the Quonset where Roszko was lying in wait. After fatally shooting all four Mounties — Peter Schiemann, Leo Johnston, Brock Myrol and Anthony Gordon — Roszko walked out of the Quonset and was shot twice by another officer. He then retreated into the building and shot himself in the head.
Anderson said the incident triggered serious PTSD in Josok, connected to the guilt he felt about not being there for his co-workers. He went on medical leave in September 2005.
Josok returned to work through the RCMP’s accommodation program in September 2006.
According to the court application, Josok tried to recover, but felt he was continuously given tasks that were “menial and demeaning,” and the distress pushed him to take another medical leave in November 2008.
“Overall, the RCMP’s accommodation process was very disappointing and made him feel completely defeated, demoralized and humiliated,” Josok’s application states.
Anderson said that because of the PTSD, Josok cannot bring himself to wear his uniform, but is otherwise fully able to perform police duties.
In March 2011, RCMP notified Josok it was seeking a medical discharge for him. More than four years went by, and then the RCMP withdrew that notice and issued a new one based on changes to the RCMP Act, which included an amendment allowing dismissal of an officer on grounds other than violating the code of conduct.
In his application to the court, Josok said the RCMP cited that section of the act, as well as a section of the Commissioner’s Standing Orders that allows for dismissal of a member for having a disability as defined by the Canadian Human Rights Act.
Josok will argue that the existence of that section violates section 15 of the Canadian Charter of Rights and Freedoms, and that it should be struck down as unconstitutional.
Josok is also requesting reinstatement as an officer, and that the RCMP pay his associated costs.
Anderson said a date has yet to be set for a hearing, which Josok has requested be held in Edmonton. He said the RCMP is in the processof amending the administrative record, and that the judicial review won’t proceed until that process is finished.
The RCMP said Friday that it would be inappropriate to comment while a legal process is underway.
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