Certification and Settlement Hearing announced regarding the CAF/DND Sexual Misconduct Class Action
OTTAWA - While not admitting liability, the Government of Canada has agreed to a settlement regarding class action lawsuits initiated by seven former members of the Canadian Armed Forces (CAF) on behalf of current and former members of the CAF and current and former employees of the Department of National Defence (DND) and/or Staff of the Non-Public Funds, Canadian Forces, who experienced sexual harassment, sexual assault or discrimination based on sex, gender, gender identity or sexual orientation (“Sexual Misconduct”) in connection with their military service, and/or employment.
The Federal Court will hold a hearing on September 19 and 20, 2019 in Ottawa to decide if the proposed settlement is fair, reasonable and in the best interests of the class, and if approved, will certify these lawsuits for the purposes of settlement. The proposed settlement provides financial compensation, the option to participate in a restorative engagement program, and several other measures aimed at addressing Sexual Misconduct in the Canadian Armed Forces. The Federal Court must certify these lawsuits as class actions and approve the proposed settlement before money is available and other aspects of the settlement are implemented.
Current and former members of the CAF and current and former employees of DND and Staff of the Non-Public Funds who experienced Sexual Misconduct in the military workplace may be able to receive compensation under the proposed settlement if it is approved by the Court. The range of individual compensation for most eligible Class Members is $5,000 and $55,000. The payment will depend on the type of Sexual Misconduct and an assessment of the harm suffered. Payment amounts will also depend on how many Class Members submit claims in the proposed settlement. Class Members who experienced exceptional harm (and in the case of those who have previously been denied VAC benefits in respect of that harm, and whose application for reconsideration is also denied) may be eligible for amounts up to $155,000. The details are explained in the proposed Settlement Agreement. A copy of the Settlement Agreement is available here.
