SHORT FORM NOTICE (pdf, 32 KB)
Notice containing the details and terms of the proposed settlement.
The settlement approval hearing was held before Justice McDonald, over a period of 2 days (July 16-17, 2024).
As you are likely aware, the proposed Final Settlement Agreement outlines a monetary assessment scheme, as well as numerous systemic relief measures aimed at dismantling systemic racism with the CAF.
For class actions, before a settlement can be implemented, it needs to be approved by the Court. During this hearing, Justice McDonald was asked to determine whether the proposed Final Settlement Agreement is fair, reasonable, and in the best interests of the class as a whole. She was also asked to approve Class Counsel's fees, and some other administrative matters.
The hearing commenced with oral submissions from Class Counsel, about why the Court should approve the proposed settlement. Class Counsel also provided the Court with all Participation Forms received after the deadline (June 27th) up until Sunday, July 14th for Justice MacDonald's consideration. Of the Participation Forms received, approximately 90% expressed support for the settlement, with the remaining 10% objecting to the settlement terms (either in whole or in part).
The Court then heard from several class members (both in-person and virtually) about why they objected to or supported the terms of the proposed settlement.
Ultimately, Justice McDonald reserved her decision – meaning that she did not make a decision during the hearing itself, and will instead release a written decision in due course. We don't know when she will release her decision, but she did advise that she would prioritize this decision.
Once we receive a decision, we will advise Class Members of whether the settlement has been approved, and provide information regarding next steps. In the meantime, there is nothing needed from you, and we will provide you (and other class members) an update once it is available.
The proposed settlement covers members and former members of the CAF who experienced racial discrimination and/or racial harassment in connection with their military service at any time since April 17, 1985 (the "Class Members").
Before it can take effect, the proposed settlement must be approved by the Federal Court. A hearing for that purpose will take place on July 16 and 17, 2024, commencing at 9:30 a.m. local time in Halifax, Nova Scotia.
The hearing will take place at the Halifax Marriott Harbourfront Hotel, Room D, 1919 Upper Water Street in Halifax. There will also be an option to attend by video conference. A link to attend via videoconference will be available on this website ahead of the hearing date.
If you are a Class Member, you can provide statements of support or objection to the settlement to the Federal Court between now and June 27, 2024.
Further information about the proposed settlement, and the settlement approval hearing, can be found in the Short-Form Notice and Long-Form Notice, both of which have been approved by the Federal Court.
Read the Federal Court’s decision approving these notices.
Revisiting, sharing, or reading about painful experiences can be distressing or emotionally overwhelming. Help & Support resources are available as you navigate this process, and an exit button enabling you to quickly leave the site at any time is located in the top right corner of the webpage.
Proposed Settlement
The proposed settlement includes:
- Payment for class members who experienced racial discrimination and/or racial harassment connected with their military service.
- The option to participate in a restorative engagement process to share your experience.
- Other measures to improve the organizational culture and systems within the Canadian Armed Forces with the objective of addressing and eliminating racial discrimination and harassment.
The Monetary Assessment Scheme sets forth the way in which individual payments will be assessed for eligible Class Members.
The Systemic Relief Measures sets forth the CAF’s commitment to institutional change, along with the option for participation in restorative engagement processes.
Both the Monetary Assessment Scheme and the Systemic Relief Measures are currently only available in English and will be put before the Federal Court for approval at the hearing on July 16 and 17, 2024.
The proposed settlement has not yet been approved and the claims period is not yet open. Visit this website for updates on the class action, including the launch of a claims period.
Unless you wish to offer a statement of support or objection for the settlement, there is nothing that you need to do at this time. If the settlement is approved, further notice will be provided to advise Class Members of their options to either: (a) opt-out of the settlement; or (b) submit a claim form.
Court Documents
LONG FORM NOTICE (pdf, 85 KB)
Notice containing the details and terms of the proposed settlement, in addition to answers to frequently asked questions relating to the proposed settlement.
PARTICIPATION FORM (pdf, 42 KB)
Optional form to register your support for or objection to the proposed settlement and your request to speak at the settlement approval hearing. Instructions for sending the form by the deadline of June 27, 2024, are enclosed.
ORDER AND REASONS April 2 2024 (pdf, 4 MB)
Approvals of the Long- and Short-Form Notices by the Federal Court.
Contact
For further information about the class action, contact Class Counsel by phone or email:
Call: (902) 420-3322
Please note that this line will connect you to a voicemail where you can leave your contact information. Class Counsel will return your call as soon as possible.