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A $900 million Canadian Armed Forces sexual misconduct class action settlement has been approved, prompting the creation of the related website for Class Members.
In 2016 and 2017, seven plaintiffs initiated class action lawsuits against the Government of Canada claiming that they were subject to sexual discrimination and misconduct while serving with the Canadian Armed Forces or working for the Department of National Defence.
The recent $900 million settlement resolves these claims and provides benefits to several settlement Classes.
The CAF Class includes all current or former Canadian Armed Forces members who experienced sexual misconduct before Nov. 25, 2019. The DND/SNPF Class includes all current and former employees of the Department of National Defence or the Staff of the Non-Public Funds, Canadian Forces who experienced sexual misconduct before Nov. 25, 2019.
For the purpose of the settlement, sexual misconduct includes sexual harassment, sexual assault, and discrimination on the grounds of sex, gender, gender identity, or sexual orientation.
Class Members can collect up to $155,000, but individual payments will depend on what category and level of harm each Class Member falls under.
Category A includes Class Members who were subject to sexual harassment and discrimination due to gender and/or LGBTQA+ identities. This category is reportedly limited to women and those who identify as LGBTQA+. Class Members in Category A can recover $5,000.
Category B1 includes Class Members who were targeted by severe sexual harassment and/or sexual assault in the form of unwanted touching. In this category, Class Members can recover $5,000 for low harm, $10,000 for medium harm, and $20,000 for high harm.
Category B2 includes Class Members who experienced sexual assault in the form of a sexual attack and/or sexual activity without consent or the ability to consent. Class Members in this category can recover $30,000 for low harm, $40,000 for medium harm, and $50,000 for high harm.
Category C includes Class Members who are eligible for enhanced payments due to suffering from PTSD or other diagnosed mental or physical injuries. If CAF Class Members sought VAC benefits and were denied, they qualify for this category. In this final category, Class Members can collect $50,000 for low harm, $75,000 for medium harm, and $100,000 for high harm.
The settlement website notes that Class Members may be eligible for up to $155,000 if they experienced “exceptional harm.”
Levels of harm will reportedly be determined based on pre-determined definitions which will be applied to Class Member claims by an assessor.
Under the settlement, the Canadian government has agreed to new initiatives that will help prevent sexual misconduct and discrimination in the future as well as an external review and support systems available to victims.
The settlement was granted approval by Canadian federal court on Nov. 25, 2019. The deadline to opt out of the settlement is Feb. 24, 2020. The claims process is not yet open but will begin on March 25, 2020.
Class Members will reportedly have until Sept. 25, 2021 to file a claim with the settlement.
NOTE: all of the dollar amounts in this article are in CAD.
Do you qualify for this recently approved settlement? Let us know what you think of the deal in the comment section below.
Plaintiffs and Class Members are represented by Jonathan Ptak and Garth Myers of Koskie Minsky LLP; Andrew Raven, Andrew Astritis, and Amanda Montague-Reinholdt of Raven, Cameron, Ballantyne & Yazbeck LLP; Raymond F. Wagner Q.C., Maddy Carter, and Kate Boyle of Wagners; Rajinder Sahota and Patrick Dudding of Acheson Sweeney Foley Sahota LLP; and Jean-Daniel Quessy and Simon St-Gelais of Quessy Henry St-Hilaire.
The Canadian Armed Forces Sexual Misconduct Class Action Lawsuits are Heyder, et al. v. the Attorney General of Canada, Case No. T-2111-16, and Beattie v. The Attorney General of Canada, Case No. T-460-17, both in the Canadian Federal Court.
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