Case dismissed: Ex-Winnipeg police officer's suit 'an abuse of the court process,' judge rules

A Manitoba judge has dismissed a lawsuit filed by a former Winnipeg police officer who alleged her request to transfer to another unit was unfairly rejected and that she was "constructively dismissed" from her position following complaints against her that led to a toxic workplace culture. 

Belinda Duncan, who worked as a senior constable at the Winnipeg Police Service from December 2000 to April 2022, sued the City of Winnipeg in June 2023 claiming she was subjected to bias, systemic discrimination and employment inequality.

Associate Judge Jennifer Goldenberg struck the statement of claim in its entirety without leave to amend because Duncan didn't file an application through the courts to further investigate whether the overall process had been handled fairly, according to a Manitoba Court of King's Bench written decision last week.

By not following the proper procedure, Duncan's lawsuit was an abuse of the court process, Goldenberg wrote.

Duncan's lawsuit said she applied for a lateral transfer to the police's community relations diversity unit in December 2017, and was informed the following March that she had not been selected, even though she had seniority over successful candidates. 

Duncan asked why her transfer request had been denied and claims Insp. Bonnie Emerson of the community engagement unit told her she wasn't the right fit for the direction the service was moving, the lawsuit said. 

City denied appeal

Duncan applied to appeal the transfer decision, which was subsequently denied by the City of Winnipeg, which oversees the police service, Goldenberg wrote.

In April, Duncan was offered a temporary position in the school education section for the fall and was told she would be considered for the diversity unit in 2019, the lawsuit said. However, the offer was pulled after she was the subject of two complaints filed by the police service. 

Const. Maria Buduhan alleged Duncan was spreading rumours about Buduhan's personal life and work experience. The second complaint, filed by Emerson, accused Duncan of disrespectful and insubordinate behaviour, the lawsuit said. 

A decision was made in July that Duncan had breached the respectful workplace standard in regard to the Buduhan complaint, but the city decided in March 2019 that this complaint, along with Emerson's, had insufficient evidence to support a charge against Duncan.

Duncan's lawsuit claimed she was subjected to false and malicious accusations. 

In April 2019, Duncan filed a complaint with the Manitoba Human Rights Commission alleging the transfer decision made by the police chief was discriminatory. However, the commission dismissed this complaint in October 2021 because the nature of her concerns fell within the overlap jurisdiction between the labour process and the commission's complaint process, the court decision says. 

Duncan approached the Manitoba Labour Board in May 2022 alleging that her union, the Winnipeg Police Association, breached its duty of fair representation and committed an unfair labour practice. 

Application dismissed

That September, the board dismissed the application and found there is no suggestion that the union's "conduct was in any way discriminatory, arbitrary or in bad faith."

The board also found Duncan had not requested a grievance to be filed about a possible constructive dismissal. 

The court decision says Duncan was not terminated from her employment, but rather she resigned. 

In October 2022, Duncan filed an application to review the board's dismissal, which was then dismissed in January 2023. 

The City of Winnipeg said the subject matter of the human rights complaint and the labour board application are the same and arose from a dispute about the transfer refusal, the court decision said.

Goldenberg said she agrees with the city. 

Instead of filing an application for judicial review through the Manitoba Court of King's Bench with respect to either dismissals by the labour board or human rights commission, Duncan filed a lawsuit, which was an "abuse of the process of this court and a collateral attack" against the board and commission, Goldenberg wrote. 

"Although granting the City's motion leaves Ms. Duncan with no further avenue to pursue the matter, that does not mean she is entitled to sue the City for wrongful dismissal," Goldenberg said.