Notice of Certification and Settlement

Have you experienced racial discrimination or racial harassment in the Canadian Armed Forces?

A class action settlement may affect you.

Please read this notice carefully.

The Federal Court has authorized this notice.

This is not a solicitation from a lawyer or a lawsuit against you.

While not admitting liability, the Government of Canada has agreed to settlement of a class action (“Class Action”) for current and former members of the Canadian Armed Forces (CAF) who experienced racial discrimination and/or racial harassment in connection with their military service.

The Federal Court has approved this settlement.

WHO IS INCLUDED?

The settlement covers members and former members of the CAF who experienced racial discrimination and/or racial harassment in connection with their military service at any time from April 17, 1985 (the “Class Members”).

To be eligible for a payment you must be a member of the Class. The Class is defined as:

All persons who are or have been enrolled as CAF Members at any time from April 17, 1985, and for any duration up to and including the Approval Date (January 10, 2025), and who assert that they have been subjected to Racial Discrimination and/or Racial Harassment.

The terms of the settlement are binding on all Class Members, except those who opt out of the Class Action by a specified date.

If you wish to opt out of the Class Action, you must do so by completing an Opt Out Form and returning it to the Claims Administrator by no later than April 10, 2025.

WHAT DOES THE SETTLEMENT PROVIDE?

The settlement provides:

• payment for Class Members who experienced racial discrimination and/or racial harassment connected with their military service;
• the option to participate in a restorative engagement process for Class Members to communicate their experiences of racial discrimination and/or racial harassment with senior CAF leadership with the assistance of qualified and trained restorative practitioners;
• the option to receive a personalized letter of apology from the Chief of the Defence Staff; and
• other systemic relief measures to improve the organizational culture and systems within the CAF with the objective of addressing and eliminating racial discrimination and racial harassment in the CAF.

WHAT ARE YOUR LEGAL RIGHTS AND OPTIONS?

1. Do nothing

If you do nothing, you will give up the right to collect under the settlement and you will give up the right to sue Canada or others or bring a human rights complaint in relation to any racial discrimination or racial harassment you experienced in connection with your military service.

2. Submit a Claim Form

In order to make a claim for a monetary award, and/or to request a personalized letter of apology from the Chief of the Defence Staff, and/or to participate in restorative engagement processes, you will need to submit an Individual Claim Form to the Claims Administrator.

Individual Claim Forms will be available from the Claims Administrator once the claims period is open. The claims period will open after April 10, but may be delayed for certain reasons. Further details and updates will be available from the Claims Administrator at: www.classaction.deloitte.ca/en-CA/caf-racism-class-action/

If you would like assistance with completing an Individual Claim Form once the claims period is open, Class Counsel can provide this assistance at no charge. The deadline to file an Individual Claim Form with the Claims Administrator is 12 months from when the claims period opens.

3. Opt Out

If you don’t want to be bound by the settlement, you can Opt Out of the Class Action.

Opt Out Forms are available from the Administrator, and may also be accessed at: www.forcesaction.com

The deadline to file an Opt Out Form with the Claims Administrator is April 10.

If you do not file an Opt Out Form with the Claims Administrator by April 10, you will be bound by the settlement even if you do not wish to participate in the settlement.

If you Opt Out, you will not be entitled to make a claim for a monetary award under the settlement, but you will keep your right to sue Canada or others or bring a human rights complaint in relation to any racial discrimination or racial harassment you experienced in connection with your military service.

If you have already commenced a legal proceeding against Canada for damages resulting from the racial discrimination or racial harassment that is also covered by this settlement, and if you do not discontinue your legal proceeding before April 10, you will be automatically deemed to have Opted Out of this settlement and you will not be able to make a claim for a monetary award under the settlement.

WHAT KIND OF PAYMENT AM I ELIGIBLE FOR?

Your payment will depend on the duration and severity of your experience of racial discrimination and/or racial harassment in connection with your military service. It may also depend on how many Class Members submit claims. The potential range of individual payment for Class Members is from $5,000 to $35,000. The total amount of individual payments to all Class Members cannot exceed $150 million. The individual payments to Class Members, as assessed by the Independent Assessors, may need to be reduced on a pro rata basis so that the total amount of payments to Class Members does not exceed $150 million.

If the total amount of individual payments to Class Members is less than $100 million, the individual payments to Class Members may be increased by a maximum of 20 per cent.

FURTHER INFORMATION?

If you have any questions or require further details about the participation in the settlement or how to Opt Out of the settlement, please contact the Claims Administrator: 1-844-720-0499, email: cafrd@deloitte.ca or www.classaction.deloitte.ca/en-CA/caf-racism-class-action/

If you have questions about your legal rights, please do not hesitate to contact Class Counsel, 902-420-3322, forces.class.action@stewartmckelvey.com, or www.forcesaction.com