In a class action, one or more people called “Representative Plaintiffs” sue on behalf of those who have similar claims. All of these people are called a “Class” or “Class Members.” The courts resolve the issues for everyone affected by the class action, except for those who exclude themselves, or "opt out" of, the lawsuit.

The Class Action relates to CAF members who have experienced racial discrimination and/or racial harassment in connection with their military service. Canada has not admitted liability, however, it has agreed to a proposed Settlement.

The Plaintiffs and Canada have agreed to a proposed Settlement of the Class Action.  The proposed Settlement is not binding unless approved by the Federal Court. By agreeing to settle the lawsuit, the parties avoid the costs, uncertainty, and delay of going to trial and obtaining judgment. In this case, it also means that Class Members will not need to testify in court.  The Representative Plaintiffs and the lawyers for the Class (“Class Counsel”) believe the proposed Settlement is fair, reasonable, and in the best interests of the Class.

The proposed Settlement affects any person who falls under the Class Definition defined as:

• All persons who are or have been enrolled as 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. 

If the proposed Settlement is approved, and you do not want to be bound by it, you will have an opportunity to “Opt Out” after the Court has decided whether to approve the Settlement. The Parties have agreed that the Opt-Out Period will be 90 days from the Approval Date (the date the Court issues an Order approving the Settlement).

If you Opt Out, you will not be entitled to any payment from the settlement, but you will keep your right to sue Canada or others on your own or bring a Human Rights complaint about the same legal claims in the lawsuit, subject to any time limits or other legal limitations applying to your claim.

You may have already commenced a legal proceeding against Canada for damages resulting from racial harassment or racial discrimination suffered in connection with your military service. If you do not discontinue it on or before the Opt-Out Deadline fixed by the Court when the settlement is approved, you will automatically be deemed to have Opted Out of the settlement.

For further information about the class action, contact Class Counsel by phone at (902) 420-3322 or email at forces.class.action@stewartmckelvey.com. Please note that the phone line will connect you to a voicemail where you can leave your contact information. Class Counsel will return your call as soon as possible.

If approved, the proposed settlement provides:

a) payment for Class Members who experienced racial discrimination and/or racial harassment connected with their military service;

b) the option to participate in a restorative engagement process for Class Members to communicate their experiences of racial discrimination and/or racial harassment with senior CAF leadership with the assistance of qualified and trained restorative practitioners; and

c) other systemic relief measures to improve the organizational culture and systems within the CAF with the objective of addressing and eliminating racial discrimination and racial harassment in the CAF.

Individual Payments to Class Members

The potential range of individual payments for Class Members is between $5,000 and $35,000, subject only to the pro rata provisions below.

The total amount of individual payments to all Class Members cannot exceed $150 million. The individual payments to Class Members, as assessed by the Independent Assessors, may need to be reduced on a pro rata basis so that the total amount of payments to Class Members does not exceed $150 million.

If the total amount of individual payments to Class Members is less than $100 million, the individual payments to Class Members may be increased by a maximum of 20%. 

You are not responsible for payment of legal fees. Class Counsel will not be paid until the Federal Court approves the proposed Settlement and declares that the proposed legal fees are fair and reasonable.

Class Counsel will ask for approval of fees in the amount of $5 million, plus repayment of reasonable disbursements and applicable tax. The Federal Court will decide the value of fees and disbursements to award. These amounts will be paid directly by Canada and will not be deducted from any amounts that eligible Class Members may receive. 

Class Counsel are the law firm Stewart McKelvey in Halifax, Nova Scotia. If you want to be represented by or receive advice from another lawyer, you may hire one at your own expense.

The Federal Court held a hearing in July 2024, in Halifax, Nova Scotia to decide whether to approve the proposed Settlement and Class Counsel’s request for legal fees and disbursements. Attendance in person or by videoconference was possible and interested individuals had the opportunity to submit their opinion on the proposed settlement to Class Counsel by June 27, 2024.

No. Class Counsel will answer any questions the Court may have. If you wish to observe, you are welcome to attend the hearing in person or by videoconference. You may also have your own lawyer attend at your expense, but attendance is not necessary.

If you do nothing, you are choosing, by default, not to object to the proposed Settlement. The Settlement Approval hearing will proceed and the Federal Court will consider whether the Settlement is fair, reasonable, and in the best interests of the Class, and whether Class Counsel’s fees should be approved, without considering your views. If you agree with the Settlement, nothing further is required.