The Federal Court of Canada has approved a $150-million class-action claim settlement for all Canadian Armed Forces (CAF) members who assert they've been subjected to racial discrimination and/or racial harassment dating back to April 17, 1985.
The claim was made by Marc Frenette, Wallace Fowler and Jean-Pierre Robillard with the attorney general of Canada named as the defendant. The claim was filed on Dec. 14, 2016, Justice Ann Marie McDonald said.
However, the approval, dated Dec. 20, named A.B. and Robillard as plaintiffs.
The final notice of settlement said the parties acknowledged racial discrimination and racial harassment have no place in the Canadian Armed Forces. It further said they recognized and acknowledged “the harm suffered by class members who have experienced racial discrimination and racial harassment in the CAF.”
It said “experiencing racial harassment and/or discrimination undermines the very camaraderie necessary to a cohesive and effective military, and that racial harassment and/or discrimination in the CAF has unique consequences given the military climate and feelings of betrayal experienced by racialized CAF members who are often called upon to live and work around the clock with the perpetrators of racial harassment and/or discrimination, such as in basic training, on CAF bases, deployments, or ships.”
The notice said the federal government agreed to provide a personally addressed letter of apology, signed by the chief of the defence staff, to all eligible class members who request one.
The notice explained the range of settlement funds available for individual payments for each class member as being between $5,000 to a maximum of $35,000.
Legal fees for class lawyers were proposed at $5 million plus disbursements and tax. Those are to be paid separately so as not to dilute funds for class members.
