Update on the CAF-DND Sexual Misconduct Class Action

January 17, 2023 - Defence Stories

The Government of Canada has appealed a recent Federal Court ruling that would further extend the claims deadline and introduce a late claims management process for the CAF-DND Sexual Misconduct Class Action Final Settlement Agreement (FSA) [PDF - 9.78MB].

After careful consideration, the Government of Canada has determined that this ruling compromises the integrity of the FSA as negotiated by the parties and approved by the Court. In its ruling, the Federal Court altered the terms of the FSA.  This is concerning because it raises significant legal issues that could impact other class action settlements in the future, and it is critical that all parties have confidence in the integrity of agreements that are reached in good faith.

The appeal does not affect the ongoing processing of claims duly filed by the January 2022 deadline. It is expected that the vast majority of those applications will be completed by the end of January 2023.

The Government of Canada will work with all parties towards an agreement that could allow claims submitted late due to a third party error in the claims administration process to proceed before the appeal is determined. Class members who have filed a late claim, or were considering doing so in light of the recent Federal court ruling or otherwise, should seek guidance from Class Counsel on next steps.

The FSA, which was approved in 2019, provides for financial compensation to eligible class members. It also provides the option to participate in a Restorative Engagement program and several other measures aimed at culture change and addressing sexual misconduct in the CAF.

The FSA deadline to submit claims for compensation expired on 24 November 2021. Class members who were delayed in making a claim due to a disability or exceptional circumstances could file until 23 January 2022. Almost a year after the initial deadline, Class Counsel brought a motion before the Federal Court to extend the claims deadline and introduce a process to manage late claims. On 6 January 2023, the Federal Court ruled in favour of the motion and provided that individuals who had not submitted a request to file a late claim prior to the January 2022 deadline could do so until 5 February 2023, provided they justify the delay based on a test set out in the ruling.

It is recognized that members of the Defence Team who have experienced sexual misconduct may face a range of challenges. Anyone who may need support should not hesitate to use the services and resources available to them if they feel comfortable doing so. In particular, the Sexual Misconduct Support and Resource Centre provides 24/7 confidential support over the phone (1-844-750-1648) or at DND.SMRC-CIIS.MDN@forces.gc.ca to CAF members, DND employees and veterans in their preferred official language.