Canadian Armed Forces

Update (June 2022): Update to Class Members on Advisory Panel Report

The Minister of National Defence Advisory Panel on Systemic Racism and Discrimination released its Final Report on April 25, 2022.  The Advisory Panel was created to provide the Minister of Defence with recommendations on eliminating systemic racism and discrimination from the Department of National Defence and the Canadian Armed Forces.

The Report recognizes that the Department of National Defence and the Canadian Armed Forces do not need new recommendations to address racism and discrimination, as they have access to over 20 years worth of recommendations from internal and external sources.  The Report urges action from the Department of National Defence and the Canadian Armed Forces to implement the recommendations that have been received to address racism and discrimination in their institutions.

The Report makes a number of recommendations for change.  These recommendations include, but are not limited to: establishing a process to compile and review recommendations from past studies, inquiries and panels; a process for tracking progress in implementing these recommendations; elevating the role of the Defence Advisory Groups to bring about change and growth; establishing long-term and culturally responsive initiatives for Indigenous members and employees; promoting the history of Black service personnel; and creating a safe environment in which to bring forward complaints of racism.

The Report is an important development and complements and supports the work that is being undertaken in the Class Action to bring about systemic and institutional change within the Canadian Armed Forces.

You can find the full Advisory Panel’s Report here.

We continue to work toward finalizing the details of a Final Settlement Agreement for approval by the Federal Court.

Once a final agreement is concluded on all terms, Class Members will be provided with further details about the settlement and next steps. In particular, Class Members will be provided with full details about: (a) the Final Settlement Agreement itself; (b) how to participate in the settlement approval process; and (c) how to object to or express support for the settlement as a part of the Federal Court approval process.

If and when the Final Settlement Agreement is approved by the Federal Court, further details will be provided with respect to the claims administration process.

Update (August 2021): We are pleased to report further details about the ongoing negotiations with the Canadian Armed Forces.

As previously announced, the Agreement in Principle reflects an agreement on the key features of a settlement and includes a monetary claims component that will take into account one’s experiences as members or former members of the Canadian Armed Forces, as well as systemic / institutional change components.

The parties have jointly engaged experts in trauma-informed approaches and critical race theory, to provide assistance and advice on how best to effect meaningful systemic and institutional change in addressing issues of racial harassment and racial discrimination within the Canadian Armed Forces. The parties are presently seeking to engage a further expert or experts from diverse communities in order to ensure that potential settlement initiatives are responsive to the lived experiences of the class members. Counsel have engaged in training on trauma-informed lawyering, and the parties are committed to a trauma-informed approach in the administration of the settlement.

Based upon the terms of the Agreement in Principle, we continue to work toward finalizing the details of a Final Settlement Agreement for approval by the Federal Court.

Once we are in agreement on all final terms, you – as Class Members – will be provided with further details about the settlement and next steps. In particular, you will be provided with full details about: (a) the Final Settlement Agreement itself; (b) how to participate in the settlement approval process; and (c) how to object, if you wish, or express your support for, the settlement as a part of the Federal Court approval process.

If and when the Final Settlement Agreement is approved by the Federal Court, you will also be provided with details about: (a) how to make a claim under the settlement, as approved; or (b) how to opt-out of the settlement if you do not wish to participate in and be bound by the terms of the settlement.

Update (September 2020): As a result of the negotiations that have been ongoing between the parties in this proposed class proceeding since February 2018, we are pleased to report that we have reached an Agreement in Principle with the Canadian Armed Forces.

This Agreement in Principle reflects an agreement on the parameters and foundations for an ultimate settlement, which includes: (a) an agreement on monetary compensation; and (b) an agreement on how to address issues of racial harassment and racial discrimination within the Canadian Armed Forces by way of meaningful systemic and institutional change.

Based upon the terms of this Agreement in Principle, we are now working toward finalizing the details of a Final Settlement Agreement for approval by the Federal Court.

Once we are in agreement on all final terms, you – as Class Members – will be provided with further details about the settlement and next steps.  In particular, you will be provided with full details about: (a) the Final Settlement Agreement itself; (b) how to participate in the settlement approval process; and (c) how to object, if you wish, to any of the terms of the settlement as a part of the Federal Court approval process.

If and when the Final Settlement Agreement is approved by the Federal Court, you will also be provided with details about: (a) how to make a claim under the settlement, as approved; or (b) how to opt-out of the settlement if you do not wish to participate in and be bound by the terms of the settlement.

Stewart McKelvey has initiated a class action in response to concerns over systemic racial discrimination and harassment in the Canadian Armed Forces. As a class action, the named Plaintiffs propose to represent all persons in Canada who have been enrolled as members in the Canadian Armed Forces and who are or who identify as racial minorities, visible minorities or Aboriginal peoples.

The Statement of Claim was filed with the Federal Court in Halifax, Nova Scotia on December 14, 2016 and is available here.

The three named Plaintiffs – Marc Frenette, Wallace Fowler, and Jean-Pierre Robillard – allege that there is a systemic culture of racial discrimination and harassment throughout the Canadian Armed Forces in which derogatory slurs, racial harassment and violent threats are tolerated or ignored, causing lost career opportunities and physical and psychological harm. The Plaintiffs say that the existing system for responding to racism within the Canadian Armed Forces is inadequate and has become a mechanism to simply silence the wrongs and isolate the victims.

The Statement of Claim alleges that the Canadian Armed Forces is liable for this systemic racial discrimination and harassment, which also breaches the equality rights guaranteed by section 15 of the Canadian Charter of Rights and Freedoms.

If you have experienced racial discrimination or racial harassment as a member of the Canadian Armed Forces and wish to join this action, please contact forces.class.action@stewartmckelvey.com.

Please continue to check this webpage for further updates.