The class was defined as “all persons who are or who have been enrolled as Canadian Armed Forces (CAF) Members at any time from April 17, 1985, and for any duration up to and including the Approval Date, and who assert that they have been subjected to Racial Discrimination and/or Racial Harassment.”
It was alleged that the CAF failed to protect Indigenous, Black or otherwise racialized individuals who were serving in the CAF from racism. The settlement agreement was found to be fair, reasonable and in the best interests of the class by Justice Ann Marie McDonald in a Dec. 20 decision in A.B. v. Canada, 2024 FC 2060.
Certain CAF members filed a class action lawsuit in 2016 alleging that the CAF had either tolerated or ignored racial harassment, derogatory slurs and violent threats directed at class members. The parties had agreed to enter settlement negotiations in 2019.
The final settlement agreement said that the plaintiffs and defendant “recognize and acknowledge that racial discrimination and racial harassment have no place in the CAF, and further recognize and acknowledge the harm suffered by class members who have experienced racial discrimination and racial harassment in the CAF.”
Individual class members are to receive payments between $5,000 up to a maximum of $35,000 through the common experience payment, the assessment of narrative evidence, or both. Claims will be reviewed by assessors said to be trained in critical race theory and trauma informed approaches.
In the case where the total payout to class members is assessed as less than $100 million, individual payments initially assessed on a pro rata basis may be increased by a maximum of 20 per cent. Deloitte was appointed as the claims administrator.
The settlement provides that legal fees of $5 million are to be paid to class counsel at law firm Stewart McKelvey separately, instead of being deducted from the settlement fund. Representative plaintiffs are to receive an honorarium of $30,000 respectively.
The federal government has agreed, per the settlement, to provide a personally addressed letter of apology to all eligible class members who request one, signed by the Chief of the Defence Staff. However, the apology will not be admissible in any civil, criminal or administrative proceeding, or arbitration “as evidence of the fault or liability of any person in connection with that matter.”
As outlined in the agreement, the federal government will also partake in “Systemic Relief Measures” and “Restorative Engagement Processes” related to the alleged discrimination. It will further conduct research and analysis to contribute to its Anti-Racism Implementation Plan.
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