LGBT Purge Class Action Final Settlement Agreement
- We promote the military as an employer of choice for all Canadians, and we are proud of the many LGBTQ2 members that serve in the military.
- National Defence is requesting $26 million in these Estimates to make payments in accordance with the LGBT Purge Class Action Final Settlement Agreement.
- This agreement provides compensation to current and former members of the military, the RCMP, and public servants who were targeted for their sexual orientation and gender identity.
- Payments are going towards compensation for members, reconciliation and memorialization measures, external administration, and plaintiffs’ legal fees.
If pressed on the expungement of records of convictions:
- Bill C-66 allows for the expungement of any record of conviction of criminal offences involving consensual sexual activity with a same-sex partner.
If pressed on the redaction of personnel records:
- National Defence arrived at an agreement with the plaintiffs to not erase the personnel records, so as not to erase the history of their experiences.
- As per this agreement, class members are able to request that a note to file to be added to their records.
- November 28, 2017: Prime Minister apologized to civil servants, military members and criminalized Canadians who endured discrimination and injustice based on their sexual orientation.
- June 22, 2018: Federal Court approved Final Settlement Agreement with up to $110M in compensation. Most eligible class members are expected to receive between $5,000 and $50,000.
- October 25, 2018 – April 25, 2019: individuals submitted claims to Deloitte Canada to request compensation and/or Individual Reconciliation Measures. The claims period is now closed.
- 719 claimants: 629 military, 78 public servants, 12 RCMP
- 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. This puts in place a process for individuals to apply to the parole Board of Canada for an expungement order to permanently destroy or remove the records of convictions for offences involving consensual sexual activity between same-sex partners that would be lawful today. Bill C-66 is not related to the LGBT Purge Final Settlement Agreement.
LGBT Purge Final Settlement Agreement
- Todd Edward Ross, Martine Roy and Alida Satalic were former military members who were fired for their sexual orientation. The Government signed a Final Settlement Agreement to resolve the “LGBT Purge” Class Action in a fair, compassionate, and respectful manner that promotes healing and reconciliation.
- The parties 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: $110 for individual compensation, including $15 million for legal fees, $5 million for external administration, and $15 million for recognition and memorialization exhibits and monuments administered by the LGBT Purge Fund.
- A total of up to $110 million is available to compensate class members — current and former federal public servants, members of the Canadian Armed Forces (CAF) and the Royal Canadian Mounted Police (RCMP), who were directly and negatively impacted by discriminatory policies and practices between December 1, 1955 and June 20, 1996.
- The Individual Reconciliation Measures include the Canada Pride Citation, the personal apology letter, access to members’ records, and a Notation to File. Impacted individuals had until April 25, 2019 to submit a claim to Deloitte Canada to request compensation and/or individual reconciliation measures.
- Class members who were found to be eligible for individual compensation began to receive an initial payment of $5,000 in February 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 half 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, RCMP or the CAF. Ceremony details are still to be confirmed.
Version 5; 2020-02-26 – Source: Director Budget draft tab; D Parl A Supps (A) note, “LGBT Purge Class Action Final Settlement Agreement,”
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