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Treasury Board Update: Settlement Agreement Reached in LGBTQ2 Class Action

May 18, 2018

This is to notify you that a Final Settlement Agreement has been reached in the Ross, Roy, Satalic class actions (also known as the LGBTQ2 class actions), which may be of interest to you.


Background

Class actions were filed by three plaintiffs on their own behalf and on behalf of current and former Canadian Armed Forces (CAF) and Royal Canadian Mounted Police (RCMP) members, and employees of the federal public service, alleging that the Government led a prolonged and widespread campaign since the 1950s to “purge” members of the LGBTQ2 community from the ranks of the CAF, the RCMP and the federal public service. The “LGBT Purge” in the public service refers to security screening policies which called into question the reliability of LGBTQ2 public servants, which resulted in investigations, sanctions, and in some cases, termination of employment.

 

A Final Settlement Agreement was signed on March 28, 2018.  It provides for collective reconciliation and memorialization measures, as well as individual compensation and recognition measures for those who were directly and negatively affected by historic federal policies (Canadian Forces Administrative Order 19-20, Cabinet Directives 29 and 35, and related practices).  “Class Members” are defined as:  

 

All current or former members of the CAF, current or former members of the RCMP, and current or former Employees of the federal public service, who were alive as of October 31, 2016 and who faced threat of sanction, were investigated, were sanctioned, or who were discharged or released from the CAF or RCMP or terminated from the federal public service, or who resigned from the federal public service, in connection with the LGBT Purge, by reason of their sexual orientation, gender identity, or gender expression between December 1, 1955 and June 20, 1996.

 

Family members of individuals who passed away before October 31, 2016, but who would otherwise fall within the class definition, are not eligible for compensation. They may however, apply for and may be found to be eligible to receive individual recognition measures on behalf of the deceased individual. 

 

Next Steps

The Final Settlement Agreement must first be approved by the Federal Court before there is any compensation or benefits available to class members.  The approval hearing is scheduled for June 18-19, 2018. 


Please note that the Treasury Board Secretariat is not in a position to provide advice on this class action.  A copy of the Final Settlement Agreement and further information on the proposed settlement is available through the Free to be Me web site: https://www.canada.ca/en/privy-council/campaigns/free-to-be-me.html.    If any of your members would like additional information, they can be referred to counsel representing the plaintiffs at http://lgbtpurge.com/your-legal-team/.