Heyder Beattie Final Settlement Agreement
- We fully acknowledge the harmful impact that sexual misconduct and discrimination has had on members of the Defence Team.
- This is why we came to an agreement to compensate members of the Canadian military who experienced sexual misconduct.
- National Defence is requesting $148.6 million in these Estimates for the Heyder Beattie Final Settlement Agreement.
- This money will cover things like financial compensation, legal fees, and promoting awareness and culture change.
- Impacted individuals will be able to submit a claim at the end of March for financial compensation and can request to participate in a Restorative Engagement program.
- It is our hope that this settlement will help bring closure, healing, and acknowledgement to those who have experienced sexual misconduct or sexual orientation-based discrimination.
Key Facts
- 2016-2017: Seven former military members filed class action lawsuits against the Canadian Armed Forces for sexual assault, sexual harassment, and discrimination based on gender or sexual orientation.
- February 23, 2018: Litigation suspended to begin discussions to negotiate settlement agreement.
- November 25, 2019: Federal Court approved Final Settlement Agreement. The implementation of the settlement has begun.
- Those (groups below) that have experienced sexual misconduct may be able to receive compensation under the settlement:
- Current and former Canadian Armed Forces Members;
- Current and former civilian employees of National Defence; and,
- Current and former employees of non-public funds organisation of the Canadian Armed Forces Members.
Details
- The parties involved in the Heyder and 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 certain Class Members who experienced sexual misconduct in connection with their military service and/or employment for the Department of National Defence or Staff of Non-Public Funds.
- 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 CAF. 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, starting on March 25, 2020 and no later than September 25, 2021, for financial compensation and/or seek to participate in the Restorative Engagement program.
- Epiq Class Action Services Canada was 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, 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.
- The goal of the Restorative Engagement program is to allow Class Members to be heard and acknowledged, to contribute to culture change by increasing awareness and understanding of the experiences of Class Members, and to begin the process of restoring relationships between Class Members and the Defence Team.
Version 5; 2020-02-26 - Source: Director Budget draft tab; D Parl A Supps (A) note, “Heyder Beattie Frenette Merlo Davidson”
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