Legal matters

Vice-Admiral Norman

Key Facts

Details

• On January 16, 2017, the Chief of the Defence Staff relieved Vice-Admiral Mark Norman from the performance of military duties as Vice Chief of the Defence Staff of the Canadian Armed Forces because he was under Royal Canadian Mounted Police investigation. The Royal Canadian Mounted Police alleged in court documents, made public, that Vice-Admiral Norman leaked cabinet secrets to a Davie Shipbuilding executive in Quebec, and advised him how to use the media to press the Government to approve a $667 million supply ship contract.
• On March 9, 2018, the Royal Canadian Mounted Police charged Vice-Admiral Mark Norman with one count of breach-of-trust by public officer.
• On May 8, 2019, the Public Prosecution Service of Canada stayed the charge against Vice-Admiral Norman after it was determined that there was no longer a reasonable prospect of conviction.
• On June 26, 2019, the Government of Canada and Vice-Admiral Norman released a joint statement announcing a settlement had been reached. Following this announcement, Vice-Admiral Norman retired from the Canadian Armed Forces.

Requests to Remove “Self-Harm” Provision in the National Defence Act

Key Facts

Strong, Secure, Engaged

Details

• Paragraph 98(c) of the National Defence Act seeks to address cases where a person subject to the Code of Service Discipline would willfully injure him or herself or another member of her Majesty’s Forces or of any forces cooperating therewith, with the intent to render him or herself unfit for service or active service. In the context of active service, such acts may be akin to desertion and therefore the maximum punishment reflects the same as that provided for desertion.
• While the Code of Service Discipline aims to promote operational effectiveness of the Canadian Armed Forces by contributing to the maintenance of discipline, efficiency and morale, concerns have been raised regarding paragraph 98(c) in the context of mental health and suicide.

Pressure to Review the Treatment of Afghan Detainees

Key Facts

Details

• Forces handled, transferred, or released individuals in accordance with our legal obligations. Consistent with the rights and protections of the Third Geneva Convention, detainees were treated humanely at all times, and under all circumstances; even if transferred to the Afghan authorities. As such, the Canadian Armed Forces provided detainees with food, shelter, and medical attention. In addition, deploying members received pre-deployment training regarding the handling, treatment, and transfer of detainees. In addition, specific pre-deployment training for Canadian Armed Forces members involving the handling and transfer of detainees was provided.

Investigations Regarding Treatment of Detainees

• Multiple investigations and inquiries and a civil court examined the allegations regarding the treatment of detainees during military operations in Afghanistan. These include:
  • 2007: Litigation in the Federal Court of Canada brought forward by Amnesty International and the British Columbia Civil Liberties Association.
  • 2008: A four-year Public Interest Hearing launched by the Military Police Complaints Commission;
  • 2010: A Board of Inquiry by the Vice Chief of the Defence Staff examining a June 2006 detainee incident;
  • 2011: An investigation conducted by the Canadian Forces National Investigation Service into the alleged misconduct by the military police; and
  • 2015: A Public Interest Investigation launched by the Military Police Complaints Commission. This investigation is still ongoing.
• No charges have been laid nor has any civil liability or responsibility been attributed.

Request for International Criminal Court Investigation

• In November 2017, former NDP MP, Craig Scott, submitted a brief to the International Criminal Court arguing that successive federal governments abdicated their responsibility to investigate reports of torture in Afghanistan.

Heyder Beattie; Frenette and Merlo Davidson

Key Facts

Strong, Secure, Engaged

Heyder Beattie Final Settlement Agreement

• The parties involved in the Sherry Heyder, Amy Graham and Nadine SchultzNeilsen and Larry Beattie Class Action signed a Final Settlement Agreement in July 2019, which was approved by the Federal Court on November 25, 2019.
• A total of up to $900 million is available to compensate class members — all current and former Canadian Armed Forces members, employees of the Department of National Defence, or Staff of the Non-Public Funds, who experienced sexual misconduct in the military workplace.
• The settlement provides financial compensation, the option to participate in a restorative engagement program, and several other measures aimed at culture change and addressing sexual misconduct in the Canadian Armed Forces.
• Class members who do not want be bound by the settlement have until February 24, 2020 to opt-out.
• Impacted individuals will be able to submit a claim for financial compensation and/or seek to participate in the restorative engagement program starting on March 25, 2020 and no later than September 25, 2021.
• Epiq Class Action Services Canada was selected by the Parties and appointed by the court to act as an independent administrator and manage the claims process.
• The range of individual compensation for most Class Members could be between $5,000 and $55,000, depending on the nature of the incident and the severity of the harm suffered. Class members who experienced exceptional harm and have been denied VAC 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.
• The goal of the Restorative Engagement program is to allow impacted individuals to be heard and acknowledged, to contribute to a culture change, and to begin the process of restoring relationships between class members and the Defence Team.

Frenette Proposed Class Action

• Three former members of the Canadian Armed Forces filed a proposed class action filed on behalf of all current and former Canadian Armed Forces members who are racial minorities, visible minorities or Aboriginal peoples or Indigenous persons.
• The Plaintiffs allege that, while members of the Canadian Armed Forces, they were subjected to racial discrimination and/or harassment based on race or Aboriginal status.
• Parties are currently negotiating a Final Settlement Agreement, which will be subject to Federal Court approval.

Merlo Davidson Final Settlement Agreement

• Merlo and Davidson were two separate proposed national class actions alleging harassment, bullying, and discrimination of female Royal Canadian Mounted Police employees on the basis of gender (Davidson also alleged the basis of sexual orientation). Merlo was filed in 2012 in the British Columbia Supreme Court and Davidson was filed in 2015 in the Ontario Superior Court.
• On October 6, 2016, the parties agreed to a settlement confirming the abandonment of these proceedings in favor of a conciliation process to compensate all harassed employees and, in some cases, members of their family.
• As part of the agreement, the Royal Canadian Mounted Police agreed to implement the following measures:
  • An official apology by the Commissioner of the Royal Canadian Mounted Police to the victims.
  • Changes the organizational culture of the force.
  • A scholarship fund to recognize exceptional accomplishment in the fight against harassment.
  • A national advisory council and regional committees to deal with all cases of harassment and intimidation related to gender within the Royal Canadian Mounted Police.
• The parties initially estimated that there would be approximately 1,000 claimants under the Merlo Davidson Settlement Agreement. At the end of the extended claims period the Office of the Independent Assessor had received over 3,100 claims.
• The claims process, and staffing of the Office, was based on the original estimate. With over three times as many claims as anticipated, the Independent Assessor determined that additional assessors were required to ensure that the claims process proceeded as expeditiously as possible.

JOST (Reserve Force Pension Plan)

Key Facts

Details

Pension backlogs

• The initial backlog of Reserve Force Pension files was due largely to the response of the newly created Reserve Force Pension Plan. Implemented in 2007, it provided retirement benefits to approximately 21,000 Reservists who previously had no pension plan related to their military service.
• The new pension plan allowed all members (Regular Force and Reserve Force) of the Canadian Armed Forces members to buy-back up to 35 years of service in the Reserves in order to maximize their potential pension benefits.

Jost Class Action Lawsuit

• The Plaintiff alleges that Canada has engaged in chronic and excessive delays in the payment of payment of the Immediate Annuity, Transfer Value, Annual Allowance, or Bridge Benefit (“Immediate Pension Entitlements”) to discharged members of the CAF Regular and Reserve Force pension plans and has not compensated discharged members for these delays.
• The Plaintiff is seeking damages in the amount of $100 million dollars for breach of fiduciary duty, negligence, and breach of contract.

LGBT Purge Final Settlement Agreement

Key Facts

Strong, Secure, Engaged

Details

• On November 28, 2017, the Prime Minister delivered a formal apology in the House of Commons to individuals harmed by federal legislation, policies, and practices that led to the oppression of, and discrimination against, LGBTQ2 people in Canada.
• To address the wrongs experienced by those who were unfairly criminalized by unjust laws and actions, the Government passed Bill C-66, the Expungement of Historically Unjust Convictions Act, which puts in place a process to permanently destroy the records of convictions for offences involving consensual sexual activity between same-sex partners that would be lawful today.
• The Government also signed a Final Settlement Agreement to resolve the Todd Edward Ross, Martine Roy and Alida Satalic Class Action in a fair, compassionate, and respectful manner that promotes healing and reconciliation.

LGBTQ2 Final Settlement Agreement

• The parties involved in the Todd Edward Ross, Martine Roy and Alida Satalic Class Action signed an Agreement-in-Principle in November 2017, and the Final Settlement Agreement was approved by the Federal Court on June 22, 2018. The settlement provides up to $145 million, including $15 million for legal fees, $5 million for administration, and $15 million for the LGBT Purge Fund.
• A total of up to $110 million is available to compensate class members — federal public servants, including members of the Canadian Armed Forces and the Royal Canadian Mounted Police, who were directly and negatively impacted by discriminatory policies and practices.
• The Individual Reconciliation Measures include the Canada Pride Citation, the personal apology letter, access to certain individual records, and a note to file.
• Impacted individuals had until April 25, 2019 to submit a claim to Deloitte Canada to request compensation and/or individual reconciliation measures. The claims are still under review.
• Class members who were found to be eligible for individual compensation began to receive an initial payment of $5,000 in April 2019 and the majority have now received their complete level 1-3 compensation in addition to copies of their service records, letter of apology and the Notation to File, as requested. Assessment for the highest level of compensation continue and approximately one third have been completed to date by the Assessor.
• Claimants have a choice to receive their Canada Pride Citation certificate and insignia by mail or have them presented in a ceremony with either the Federal Public Service, Royal Canadian Mounted Police or the Canadian Armed Forces. Ceremony details are still to be confirmed.

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