SEXUAL MISCONDUCT CLASS ACTION

Supreme Court of Canada in Ottawa (Image: Dustin Fuhs)

Supreme Court of Canada in Ottawa

 Photo Credit: Dustin Fuhs

 

Esprit de Corps Magazine October 2019 // Volume 26 Issue 9

Let's Talk About Women in the Military – Column 8

 

by Military Woman

Question:

Is it true that because of sexual harassment suffered by women in the Canadian Armed Forces there is now a $900 million class action lawsuit? If so, why should taxpayers be stuck paying that bill?

Answer:

Yes, there is a sexual misconduct class action lawsuit presently against the federal government. Just for clarification, this is separate from the "LGBT Purge" class action lawsuit and another potential future class action lawsuit related to race.

You will be considered part of the "sexual misconduct" lawsuit if you "experienced sexual harassment, sexual assault or discrimination based on sex, gender, gender identity or sexual orientation in connection with military service and/or employment with the Department of National Defence (DND) /Staff of the Non-Public Funds (SNPF)." So yes, this lawsuit includes but by no means is limited to sexual harassment and claims can be from civilian or military members, regardless of their sex.

As for the money, yes, the Government of Canada announced on July 18, 2019, that it would be putting aside a total of $900 million; $800 million for current and former Canadian Armed Forces (CAF) claims, and $100 million for DND or SNPF claims.

But don't rush out to spend your cut of it just yet. There is a 200+ page document, referred to as the Final Settlement Agreement or FSA, posted on Deloitte's website (the DND/CAF interim settlement administrator) www.caf-dndsexualmisconductclassaction.ca This negotiated settlement must be approved by a Federal Court judge as being "fair, reasonable and in the best interests of all its class members". That federal court review is scheduled to take place on September 19, 2019, in Ottawa.

Once approved, the FSA calls for a several month-long "opt-out" period for anyone wishing to preserve their individual rights to complain to the Human Rights Commission or to independently sue the Crown for sexual misconduct events. Then the settlement administrator will start to accept claims and continue to do so for 18 months. We can all expect to see more information to start flowing publicly once the FSA is legally approved. In the meantime, if you have any burning questions please seek official sources, such as RavenLaw.com for your answers. So, why should taxpayers be stuck footing this bill?

 No soldier ever wants to take their own government to court. It's only when all else has failed that a lawsuit against the crown will ever be considered. The plaintiffs of this lawsuit wanted to be part of "an effort to change a system that condones sexual misconduct and punishes victims instead of perpetrators". If they had been provided a sexual misconduct free workplace, there would be no lawsuit. However, after they were failed by their chain of commands, they sought support from ombudsman offices and then parliamentarians. As the tolls of their advocacy work rose, negatively impacting their health and careers, then and only then, as a last resort, were lawyers engaged. The result being essentially a $900 million government fine for systemic inaction.

Therein lies the rub, this isn't a one-point fail, this is a multi-point layered fail. There was failure of the current and previous governments to lead by example and ensure that all federal workers, including their own, have a sexual misconduct free workplace. Here lies the taxpayer's shared responsibility point as the Members of Parliament overseeing federal workplace safety issues are elected officials serving as our representatives. It is our responsibility as Canadians to educate ourselves on these types of issues and to vote accordingly. But our duty doesn't end with voting, it is also our responsibility to stay politically involved and keep our elected officials accountable for their promises and stated values throughout their term. When we as the electorate base don't do our jobs to keep politicians accountable, we do share in the responsibility for their mistakes, and we pay for it. Literally.

Update:

Social Media Manager