Official case update

Fowler v. Royal Canadian Mounted Police, 2026 CHRT 106

The Tribunal struck new allegations about RCMP complaint handling and disability because they fell outside the referred discrimination complaint. No discrimination finding was made.

Source reviewed · Court holding

Held. The Tribunal struck new allegations about RCMP complaint handling and disability because they fell outside the referred discrimination complaint.

Wallace Fowler alleges that an RCMP officer discriminated against him during an encounter at his child's school in Nova Scotia on April 8, 2024. His original human rights complaint identified race, colour and a pardoned conviction or record suspension as grounds. The officer's conduct, including an arrest, remains disputed. This ruling does not decide whether the allegations are true.

Fowler later sought to broaden his case to cover the RCMP's handling of his subsequent complaints, missing records, investigations, oversight processes and disability discrimination. The RCMP asked the Canadian Human Rights Tribunal to strike much of his amended statement and replies.

The Tribunal held that it could clarify the Commission's referred complaint and permit particulars within the same continuum of facts, but could not transform a single police encounter into a new complaint about later institutional conduct. The Commission had mentioned other review processes when deciding whether to accept the original complaint, not when defining what it referred for adjudication. Allegations about later complaint investigations involved different acts and people and fell outside the referral.

Fowler abandoned pardoned conviction as a ground. Disability had not been referred and couldn't be added as an independent ground of discrimination. Evidence about PTSD or health might nonetheless become relevant to assessing the impact of discrimination, if discrimination were ultimately proven.

The RCMP's motion succeeded only in part. Fowler could maintain the paragraphs concerning proposed remedies and a narrow reply about whether policing activity constituted a service under section 5 of the Canadian Human Rights Act. The Tribunal ordered revised pleadings and set deadlines for any outstanding disclosure motions. A hearing was then scheduled for December 8 to 10, 2026.

The disposition was procedural. No finding was made about whether the RCMP discriminated against Fowler or whether an assault occurred. The case illustrates how the statutory referral process can leave a person with an account of connected institutional experiences but only a defined part of that account before a particular adjudicator. The limits protect the process without answering the underlying human rights complaint. Read the original 39 paragraphs for the full scope of the order.

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Fowler v. Royal Canadian Mounted Police, 2026 CHRT 106