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This settlement is closed!
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A $900 million CAF class action settlement has been reached in a class action lawsuit involving allegations of sexual misconduct in the Canadian Armed Forces, Department of National Defence, and/or Staff of the Non-Public Funds Canadian Forces.
If you experienced sexual harassment, sexual assault or discrimination based on your sex, gender, gender identity or sexual orientation while serving in the CAF or while you were employed by the DND or SNPF, you may be entitled to compensation from the sexual misconduct class action settlement.
Seven former CAF members filed the sexual misconduct class action lawsuits in 2016 and 2017 against the Government of Canada over allegations of sexual harassment, sexual assault or discrimination based on sex, gender, gender identity or sexual orientation in connection with their military service and/or employment with the DND and/or SNPF.
The CAF class action lawsuits were certified and the proposed settlement was approved on Nov. 25, 2019. The Government of Canada does not admit liability, but agreed to settle the sexual misconduct class action lawsuits to avoid the burden and expense of ongoing litigation.
According to the CAF class action lawsuits, the CAF created a culture that condones sexual assault and sexual harassment of both male and female members.The plaintiffs allege this culture is due to the failure of leadership to appropriately train members and failure to identify, report, investigate and properly resolve incidents of sexual misconduct.
This permissive culture leads to extensive sexual misconduct, which causes “tremendous harm, fear, humiliation and degradation,” the CAF class action lawsuits allege.
CAF Settlement Benefits
CAF Class Members will receive up to $800 million and DND/SNPF Class Members will receive up to $100 million from the sexual misconduct class action settlement.
Class Members who experienced “exceptional harm” can claim up to $155,000 from the sexual misconduct settlement. The actual amount a claimant is entitled to receive depends on the type and severity of harm they suffered, and the total number of claims submitted. The range of individual compensation for the majority of eligible Class Members is reportedly between $5,000 and $55,000.
In addition to providing money to eligible Class Members, the sexual misconduct settlement also offers Class Members the option to participate in a restorative engagement program to share their experiences of sexual misconduct with senior CAF and/or DND representatives.
Under the terms of the sexual misconduct class action settlement, changes to CAF policies will be made to address sexual misconduct and Veteran’s Affairs Canada (VAC) policies related to eligibility for disability payments and reconsideration of claims.
Class Members who were denied VAC benefits in relation to past sexual assault or sexual harassment claims may be able to apply for reconsideration or review. Class Members who have not applied before might consider applying for VAC benefits under these updated policies.
The deadline to opt out of the sexual misconduct class action settlement passed on Feb. 24, 2020.
Who’s Eligible
CAF Class Members of the sexual misconduct settlement include all current and former CAF members who experienced sexual misconduct up to and including Nov. 25, 2019.
DND/SNPF Class Members include all current and former employees of DND and SNPF who experienced sexual misconduct up to and including Nov. 25, 2019.
Under the terms of the settlement, “sexual misconduct” refers to sexual harassment, sexual assault, and/or discrimination on the grounds of sex, gender, gender identity or sexual orientation.
Potential Award
Varies.
The sexual misconduct settlement has established four separate categories based on the type of harm experienced by the Class Member.
Category A: $5,000
- Involves sexual harassment, gender-based and LGBTQ2+ based discrimination that occurred after April 17, 1985. This category is limited to women and individuals who identify as LGBTQ2+.
Category B1: $5,000-$20,000, depending on the level of harm suffered
- Involves targeted ongoing or severe sexual harassment and/or sexual assault in the form of unwanted sexual touching.
Category B2: $30,000-$50,000, depending on the level of harm suffered
- Involves sexual assault in the form of sexual attack or sexual activity where no consent was given or the Class Member was unable to consent.
Category C: $50,000-$100,000, depending on the level of harm suffered
- This enhanced payment is available to Class Members who suffer or suffered from PTSD or other diagnosed mental injuries, or physical injuries arising from sexual assault or sexual harassment for which a CAF Class Member applied for VAC benefits but was denied.
Class Members may submit a claim for multiple categories. However, claimants who qualify for Category B1 and B2 benefits may submit a claim for either Category B1 or B2 (not both). Compensation to Class Members may be higher or lower than the listed amounts depending on the total amount of individual payments to Class Members.
Proof of Purchase
N/A. Class Members will be asked to provide information about gender, gender identity, discrimination and sexual misconduct. Because the Claim Form may trigger painful memories, it is recommended that Class Members complete it in a safe place. All information provided when submitting a claim will be kept confidential.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
11/24/2021
NOTE: A copy of the Claim Form is also available to download here.
Case Name
Sherry Heyder, et al. v. The Attorney General of Canada, Case No. T-2111-16, and Larry Beattie v. The Attorney General of Canada, Case No. T-460-17, in the Federal Court
Final Hearing
10/3/19
Settlement Website
Claims Administrator
Epiq Class Action Services Canada Inc.
Attention: CAF-DND Sexual Misconduct Class Action Settlement
P.O. Box 507 STN B
Ottawa, ON K1P 5P6
Phone: 1-888-626-2611
TTY: 1-877-627-7027
Fax: 1-866-262-0816
Email: info@CAF-DNDSexualMisconductClassAction.ca
Class Counsel
KOSKIE MINSKY LLP
RAVEN, CAMERON, BALLANTYNE & YAZBECK LLP
WAGNERS
ACHESON SWEENEY FOLEY SAHOTA LLP
QUESSY HENRY ST-HILAIRE
Defense Counsel
ATTORNEY GENERAL OF CANADA
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One thought on Canadian Armed Forces Sexual Misconduct Class Action Settlement
Such a disgrace. The only way to make a claim is to ‘relive’ memories that have taken a lifetime to suppress by telling the story over again to military members…yeah right, ’cause that worked so well ‘the first time.’ Screw that.