This class action alleges sexual harassment, sexual assault or discrimination based on sex, gender, gender identity or sexual orientation (“Sexual Misconduct”) in connection with their military service and/or employment with the Department of National Defence (“DND”) and/or Staff of the Non-Public Funds, Canadian Forces (“SNPF”).
A Settlement Agreement has been reached and class members can claim for compensation by filling out this online Claim Form (or printing a physical Claim Form) before November 24, 2021. You are a Class Member, and are included in the settlement, if you are a current or former CAF member and/or DND/SNPF employee who has experienced Sexual Misconduct, as per the following definitions:
“CAF Class Members” have been defined as follows:
All current or former CAF members who experienced Sexual Misconduct up to and including November 25, 2019, who have not opted out of the Heyder or Beattie Class Actions.
“DND/SNPF Class Members” have been defined as follows:
All current and former employees of DND and of the Staff of the Non-Public Funds, Canadian Forces, who experienced Sexual Misconduct up to and including November 25, 2019, who have not Opted Out of the Heyder or Beattie Class Actions.
“Sexual Misconduct” means the following, in Connection with Military Service for the CAF Class and in Connection with Employment for the DND/SNPF Class:
i. Sexual harassment;
ii. Sexual assault; and/or
iii. Discrimination on the grounds of sex, gender, gender identity or sexual orientation.
“Eligible Class Member” is defined as a Class Member who was alive as of March 15, 2019, and whose application for an Individual Payment is approved in accordance with the provisions of the Final Settlement Agreement.
Further information about how to complete the Form is available on the Administrator’s website.
The categories of compensation available are as follows. Members are encouraged to apply for all categories they feel they may be eligible for.
|
Category |
Category Description |
Financial Compensation Level (CAD) |
Harm Level |
|
A |
Sexual harassment, gender-based and LGBTQ2+ based discrimination Limited to women and those who identify as LGBTQ2+ Limited to incidents occurring after April 17, 1985 |
$5,000.00 |
N/A |
| B1 |
Targeted or ongoing or severe sexual harassment and/or sexual assault in the form of unwanted sexual touching |
$5,000.00 | Low Harm |
| $10,000.00 | Medium Harm | ||
| $20,000.00 | High Harm | ||
|
B2 |
Sexual assault in the form of sexual attack or sexual activity where no consent or unable to consent |
$30,000.00 | Low Harm |
| $40,000.00 | Medium Harm | ||
| $50,000.00 | High Harm | ||
|
C |
Enhanced Payment: 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, for CAF Class Members, VAC benefits have been applied for and denied and/or have sought reconsideration and been denied. Veterans and CAF members who have not applied for VAC benefits, or who applied and received an unfavorable decision prior to April 3, 2017 (the date VAC last revised its approach to these cases) are encouraged to identify themselves to VAC or, where possible, submit an application for departmental review to VAC. Only those CAF members who have been denied benefits under VAC’s new policies after April 3, 2017 may be eligible for a Category C payment. |
$50,000.00 | Low Harm |
| $75,000.00 | Medium Harm | ||
| $100,000.00 | High Harm |
Claimants can address questions to 1-888-502-7455 or email us at militaryassaultclassaction@kmlaw.ca, or to the Administrator directly at:
Epiq Class Action Services Canada Inc.
Attention: CAF-DND Sexual Misconduct Class Action Settlement
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Email: info@caf-dndsexualmisconductclassaction.ca
Tel: 1-888-626-2611
TTY: 1-877-627-7027
Fax: 1-866-262-0816
