Question Period Note: Class Action Lawsuits – Heyder-Beattie

Nearly 20,000 claims were submitted to the Heyder-Beattie Class Action. Why did it take 20,000 people speaking up for the government to address sexual misconduct in the Canadian Armed Forces?

• We fully acknowledge the harmful impact that sexual misconduct has on Defence Team members.
• That is why we reached an agreement to compensate class members affected by sexual misconduct during their service or employment.
• As a part of this settlement, the Government has made available up to $900 million in compensation to class members.
• As of November 24, over 5,000 sexual misconduct claims have already been approved for initial payment or have been paid.
• We are also implementing several measures as a part of the settlement, including a voluntary Restorative Engagement Program.
• This program will create a safe space for members to share their experiences and be heard, acknowledged, and validated.
• We will continue to work towards promoting culture change, and fostering an environment where members feels safe and supported.

If pressed on formal apology

• National Defence is committed to providing a formal apology to survivors and victims of sexual misconduct before the end of this year.

Quick Facts

• Total claims received: 18,809
• Total number of claimants requesting to participate in Restorative Engagement: 4,823

Background

• In 2016-2017, seven former Canadian Armed Forces members filed class action lawsuits against Canada for sexual assault, sexual harassment, and discrimination based on gender or sexual orientation experienced while serving in the Canadian Armed Forces.
• In November 2019, the Federal Court approved the Final Settlement Agreement and the implementation of the settlement has begun.
• Final settlement agreement
  • A total of up to $900 million is available to class members who experienced sexual misconduct in connection with their military service and/or employment with National Defence or Staff of Non-Public Funds.
  • Sexual misconduct includes: sexual harassment; sexual assault; and/or discrimination on the grounds of sex, gender, gender identity or sexual orientation. The misconduct needs to have occurred in connection with military service or employment in the Department of National Defence and/or Staff of Non-Public Funds, Canadian Armed Forces.
  • Eligibility for compensation: Those that have experienced sexual misconduct prior to November 25, 2019 may be able to receive compensation under the settlement:
    • Current and former members of the Canadian Armed Forces;
    • Current and former civilian employees of National Defence; and,
    • Current and former employees of the Staff of the Non-Public Funds, Canadian Armed Forces.
  • The settlement provides:
    • financial compensation;
    • the option to participate in a Restorative Engagement Program; and
    • other measures aimed at culture change and addressing sexual misconduct in the Canadian Armed Forces, such as the Survivor Support Consultations.
  • Class members were able to submit a claim as of May 25, 2020.The claims period closed on November 24, 2021.
  • Independent Administrator: Epiq Class Action Services Canada was appointed by the court to act as an independent administrator and manage the claims process.
    • January 23, 2023: Deadline for the Administrator to finalize assessment of all claims.
    • As of November 24, 2021: The Administrator has received 18, 809 claims.
      • Of those, 5,035 have been approved for an initial payment or have been paid.
      • While the claims period is now closed, the administrator retains the discretion to continue to receive claims in exceptional circumstances.
  • Individual compensations: range from $5,000 and $55,000, depending on the nature of the incident and the severity of the harm suffered, and on how many class members submit claims.
    • Class Members who experienced exceptional harm and have been denied Veterans Affairs Canada benefits may be eligible for amounts up to $155,000.
  • The Restorative Engagement Program is voluntary and will allow class members to share their experience with senior military or departmental representatives in a safe and respectful environment:
    • allow Class members to be heard and acknowledged;
    • contribute to culture change by increasing awareness and understanding of the experiences of Class Members; and
    • advance the process of restoring relationships between class participants and the Defence Team.
• Timeline of Settlements process
  • 2016-2017: Seven former military members filed class action lawsuits against Canada for sexual assault, sexual harassment, and discrimination based on gender or sexual orientation experienced in connection with service
  • February 23, 2018: Litigation suspended to begin discussions to negotiate settlement agreement.
  • November 25, 2019: Federal Court approved Final Settlement Agreement.
  • March 23, 2020: The opening of the Claims Period was delayed by 60 days as a result of the ongoing COVID-19 pandemic.
  • November 24, 2021: The deadline for Class Members to file a claim to the court appointed independent administrator.
    • Due to the COVID-19 pandemic, the beginning and end dates of the claims period were both shifted by 60 days.
    • This was done to ensure all claims administration services are in place to enable proper support to class members throughout the process, and to allow all parties more time to prepare, submit, and process claims.
      
      
      Responsible Principals: Departmental Litigation Oversight, Canadian Forces Liaison Council, Sexual Misconduct Resource Centre
      
      
      November 26, 2021

Departmental Litigation Oversight, Canadian Forces Liaison Council, Sexual Misconduct Resource Centre