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 the Settlement.

The Plaintiffs and Canada have agreed to a Settlement of the Class Action. 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 Federal Court has approved the Settlement as being fair, reasonable, and in the best interests of the Class.

The 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 January 10, 2025, and who assert that they have been subjected to racial discrimination and/or racial harassment. 

The 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;

c) the option to receive a personalized letter of apology from the Chief of the Defence Staff; and

d) 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%. 

If you do not want to be bound by the settlement, you have the opportunity to opt out until April 10, 2025. If you do not opt out before April 10, 2025, you will be bound by the terms of the settlement even if you do not wish to participate in 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, you will automatically be deemed to have opted out of the settlement.

The settlement approval hearing was held before Justice McDonald, over a period of 2 days (July 16-17, 2024).

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.

By Order dated December 20, 2024, the Federal Court certified the class action and approved the Settlement. 

The Federal Court's reasons for the decision have not yet been issued. The Court's reasons will be posted here when they are available. 

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.

You are not responsible for payment of any legal fees to Class Counsel. 

The Federal Court has approved the payment of Class Counsel fees in the amount of $5 million, plus repayment of reasonable disbursements and applicable tax. These amounts will be paid directly by Canada and will not be deducted from any amounts that eligible Class Members may receive. 

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.