Latest update: February 7, 2018
Federal Government states it does not owe members of the Canadian Armed Forces a duty to protect them from sexual harassment and assault
Ottawa, February 7, 2018: Survivors of military sexual trauma are shocked by the Government of Canada’s attempt to strike a class action lawsuit on the basis that “It is plain and obvious that neither HMQ nor any individual within the CAF owe a private law duty of care to individual members within the CAF to provide a safe and harassment-free environment, or to create policies to prevent any potential sexual assault or sexual harassment…”.
“The Government’s claim that it has no obligation to protect members of the military from sexual assault or sexual harassment is extremely troubling”, said Marie-Claude Gagnon, the Founder of the military sexual trauma support group It’s Just 700, who has worked to improve how the Canadian Armed Forces address sexual assaults in the military and how Veterans Affairs Canada cares for Veterans who were victimized by a military sexual trauma. “The Canadian Armed Forces tells all members that they have a Duty to Report Harassment and Inappropriate Sexual Behaviors (HISB) while the Government claims the Canadian Armed forces has no private law duty of care to provide them with a safe and harassment-free work environment. That is not right”.
In response to these reports, the Prime Minister has recently stated that the situation is “of concern” and that he will ask the Attorney General of Canada to “make sure that we argue things that are consistent with this government’s philosophy”. “The Prime Minister once said that ‘’Boys have the power and the responsibility to change our culture of sexism”. I think that now is a good time for him to exercise that power.’’ said Marie-Claude Gagnon
These class actions relate to the Government’s failure to protect members of the Armed Forces from sexual assault, sexual harassment, and gender-based discrimination during their service. Former Supreme Court of Canada Justice Marie Deschamps conducted an external review in March 2015 which concluded that “there is an undeniable problem of sexual harassment and sexual assault in the CAF, which requires direct and sustained action.” The external review also found an “underlying sexualized culture” in the CAF that is “conducive to more serious incidents of sexual harassment and assault”.
The Government has previously settled similar class actions brought by other groups in recent years, including those brought by RCMP members and LGBTQ former employees.
-90 -
Media Contact:
Marie-Claude Gagnon
www.itsjust700.com
itsjust700@gmail.com
Ottawa, February 7, 2018: Survivors of military sexual trauma are shocked by the Government of Canada’s attempt to strike a class action lawsuit on the basis that “It is plain and obvious that neither HMQ nor any individual within the CAF owe a private law duty of care to individual members within the CAF to provide a safe and harassment-free environment, or to create policies to prevent any potential sexual assault or sexual harassment…”.
“The Government’s claim that it has no obligation to protect members of the military from sexual assault or sexual harassment is extremely troubling”, said Marie-Claude Gagnon, the Founder of the military sexual trauma support group It’s Just 700, who has worked to improve how the Canadian Armed Forces address sexual assaults in the military and how Veterans Affairs Canada cares for Veterans who were victimized by a military sexual trauma. “The Canadian Armed Forces tells all members that they have a Duty to Report Harassment and Inappropriate Sexual Behaviors (HISB) while the Government claims the Canadian Armed forces has no private law duty of care to provide them with a safe and harassment-free work environment. That is not right”.
In response to these reports, the Prime Minister has recently stated that the situation is “of concern” and that he will ask the Attorney General of Canada to “make sure that we argue things that are consistent with this government’s philosophy”. “The Prime Minister once said that ‘’Boys have the power and the responsibility to change our culture of sexism”. I think that now is a good time for him to exercise that power.’’ said Marie-Claude Gagnon
These class actions relate to the Government’s failure to protect members of the Armed Forces from sexual assault, sexual harassment, and gender-based discrimination during their service. Former Supreme Court of Canada Justice Marie Deschamps conducted an external review in March 2015 which concluded that “there is an undeniable problem of sexual harassment and sexual assault in the CAF, which requires direct and sustained action.” The external review also found an “underlying sexualized culture” in the CAF that is “conducive to more serious incidents of sexual harassment and assault”.
The Government has previously settled similar class actions brought by other groups in recent years, including those brought by RCMP members and LGBTQ former employees.
-90 -
Media Contact:
Marie-Claude Gagnon
www.itsjust700.com
itsjust700@gmail.com
Latest update: July 19, 2017
Plaintiffs in Four National Class Actions Team Up to Take Canada to Court in Canadian Armed Forces Systemic Sexual Assault and Harassment Class Actions
TORONTO, July 19, 2017 /CNW/ - Plaintiffs in four separate class actions filed in Ottawa, Toronto, Quebec City and Halifax have agreed to work together to take Canada to court seeking policy changes and redress for systemic sexual assault, harassment, and discrimination in the Canadian Armed Forces.
On March 27, 2015, former Supreme Court of Canada Justice Marie Deschamps released a report entitled "External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces". Justice Deschamps concluded that "there is an underlying sexualized culture in the CAF that is hostile to women and LGTBQ members, and conducive to more serious incidents of sexual harassment and assault" and that "Leaders must acknowledge that sexual misconduct is a real and serious problem for the organization, one that requires their own direct and sustained attention."
Following the release of Justice Deschamps's report, a wave of class actions were filed across Canada seeking change on behalf of those who endured sexual assault, harassment, and gender-based discrimination in the Canadian Armed Forces. The lawyers in these class actions will work together to prosecute the cases together. The plaintiffs in class actions are represented by Koskie Minsky LLP in Toronto, Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l. in Ottawa, Quessy Henry St-Hilaire, avocats in Quebec City, and Wagners – A Serious Injury Law Firm, in Halifax.
"The Chief of Defense Staff, General Vance, has acknowledged what other Chiefs before him refused to see: that there is a serious sexual harassment and assault problem in the Canadian military. In light of this recognition, it is disheartening that our government is choosing to make us take them to court instead of admitting their mistakes and fully addressing this issue. However, I am glad that, like true brothers and sisters in arms, we have decided to come together under one class action," said Amy Graham, one of the representative plaintiffs one of the class actions.
"Joining together to prosecute these class actions is in the best interests of the class members we are representing since it creates a clear path to access the courts," said Jonathan Ptak, counsel at Koskie Minsky LLP. "The law firms that have joined together to prosecute this class action combine a diverse and complementary array of experience and expertise that will increase our odds of success."
The motions for certification, which will decide if the cases can proceed as class actions will be heard in the Federal Court the week of July 9, 2018.
If you are a current or former member of the Canadian Armed Forces who has experienced sexual harassment or assault, please call 1(888) 502-7455, visit www.kmlaw.ca/militaryassaultclassaction or www.ravenlaw.com/armed-forces-class-action, or email mailto:militaryassaultclassaction@kmlaw.ca or armedforcesclassaction@ravenlaw.com.
Koskie Minsky LLP, based in Toronto, is one of Canada's foremost class action, pension, trade union, and litigation firms. Its class actions group has been a leader in class actions since 1992 and has prosecuted many of the leading cases in the area. Koskie Minsky LLP was counsel to the survivors of former residents of Huronia Regional Centre and 14 other residential facilities for people with disabilities against the Province of Ontario, wherein the Province agreed to pay survivors over $103.6 million and to provide an apology to former residents for the harm they sustained. Koskie Minsky LLP was also counsel in Cloud v. Canada, the first Indian residential schools class action certified in Canada, which resulted in a $4 billion pan-Canadian settlement.
Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l., is an Ottawa-based law firm specializing in labour/employment, human rights, and public law, with involvement in class action litigation. RavenLaw has extensive experience in addressing systemic gender-based discrimination. The firm was counsel in the historic $3.2 billion pay equity win for federal public service employees, the $150 million pay equity award against Canada Post at the Supreme Court of Canada, and numerous other pay equity cases, including most recently the $45 million pay equity settlement at Statistical Survey Operations. RavenLaw has been appointed as amicus curiae by the Supreme Court of Canada and has argued leading cases in the area of human rights and constitutional law.
Wagners, based in Halifax, is a leading class actions firm in Atlantic Canada and has been involved in class action litigation on a local and national basis since 2004. Wagners acts as class counsel representing plaintiffs in a diverse array of provincial and national class actions involving pharmaceuticals, defective medical devices, pathology errors, product liability, privacy breaches, institutional abuse and environmental contamination. In the realm of institutional abuse class actions, Wagners successfully represented former residents of the Nova Scotia Home for Colored Children concerning decades of abuse in a class action that settled for $34 million. Wagners also currently represents former students who suffered sexual, physical, and emotional abuse while attending province-run Schools for the Deaf.
Quessy Henry St.-Hilaire, avocats, based in Quebec City, serves diverse clientele in many practice areas, including insurance, administrative law and corporate law firm. The cooperation and the complementarity skills of the independent lawyers at Quessy Henry St.-Hilaire, avocats allow clients to benefit from their collective experience.
SOURCE Koskie Minsky LLP www.kmlaw.ca
http://www.newswire.ca/news-releases/plaintiffs-in-four-national-class-actions-team-up-to-take-canada-to-court-in-canadian-armed-forces-systemic-sexual-assault-and-harassment-class-actions-635397003.html
http://www.newswire.ca/news-releases/plaintiffs-in-four-national-class-actions-team-up-to-take-canada-to-court-in-canadian-armed-forces-systemic-sexual-assault-and-harassment-class-actions-635397003.html
On March 27, 2015, former Supreme Court of Canada Justice Marie Deschamps released a report entitled "External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces". Justice Deschamps concluded that "there is an underlying sexualized culture in the CAF that is hostile to women and LGTBQ members, and conducive to more serious incidents of sexual harassment and assault" and that "Leaders must acknowledge that sexual misconduct is a real and serious problem for the organization, one that requires their own direct and sustained attention."
Following the release of Justice Deschamps's report, a wave of class actions were filed across Canada seeking change on behalf of those who endured sexual assault, harassment, and gender-based discrimination in the Canadian Armed Forces. The lawyers in these class actions will work together to prosecute the cases together. The plaintiffs in class actions are represented by Koskie Minsky LLP in Toronto, Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l. in Ottawa, Quessy Henry St-Hilaire, avocats in Quebec City, and Wagners – A Serious Injury Law Firm, in Halifax.
"The Chief of Defense Staff, General Vance, has acknowledged what other Chiefs before him refused to see: that there is a serious sexual harassment and assault problem in the Canadian military. In light of this recognition, it is disheartening that our government is choosing to make us take them to court instead of admitting their mistakes and fully addressing this issue. However, I am glad that, like true brothers and sisters in arms, we have decided to come together under one class action," said Amy Graham, one of the representative plaintiffs one of the class actions.
"Joining together to prosecute these class actions is in the best interests of the class members we are representing since it creates a clear path to access the courts," said Jonathan Ptak, counsel at Koskie Minsky LLP. "The law firms that have joined together to prosecute this class action combine a diverse and complementary array of experience and expertise that will increase our odds of success."
The motions for certification, which will decide if the cases can proceed as class actions will be heard in the Federal Court the week of July 9, 2018.
If you are a current or former member of the Canadian Armed Forces who has experienced sexual harassment or assault, please call 1(888) 502-7455, visit www.kmlaw.ca/militaryassaultclassaction or www.ravenlaw.com/armed-forces-class-action, or email mailto:militaryassaultclassaction@kmlaw.ca or armedforcesclassaction@ravenlaw.com.
Koskie Minsky LLP, based in Toronto, is one of Canada's foremost class action, pension, trade union, and litigation firms. Its class actions group has been a leader in class actions since 1992 and has prosecuted many of the leading cases in the area. Koskie Minsky LLP was counsel to the survivors of former residents of Huronia Regional Centre and 14 other residential facilities for people with disabilities against the Province of Ontario, wherein the Province agreed to pay survivors over $103.6 million and to provide an apology to former residents for the harm they sustained. Koskie Minsky LLP was also counsel in Cloud v. Canada, the first Indian residential schools class action certified in Canada, which resulted in a $4 billion pan-Canadian settlement.
Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l., is an Ottawa-based law firm specializing in labour/employment, human rights, and public law, with involvement in class action litigation. RavenLaw has extensive experience in addressing systemic gender-based discrimination. The firm was counsel in the historic $3.2 billion pay equity win for federal public service employees, the $150 million pay equity award against Canada Post at the Supreme Court of Canada, and numerous other pay equity cases, including most recently the $45 million pay equity settlement at Statistical Survey Operations. RavenLaw has been appointed as amicus curiae by the Supreme Court of Canada and has argued leading cases in the area of human rights and constitutional law.
Wagners, based in Halifax, is a leading class actions firm in Atlantic Canada and has been involved in class action litigation on a local and national basis since 2004. Wagners acts as class counsel representing plaintiffs in a diverse array of provincial and national class actions involving pharmaceuticals, defective medical devices, pathology errors, product liability, privacy breaches, institutional abuse and environmental contamination. In the realm of institutional abuse class actions, Wagners successfully represented former residents of the Nova Scotia Home for Colored Children concerning decades of abuse in a class action that settled for $34 million. Wagners also currently represents former students who suffered sexual, physical, and emotional abuse while attending province-run Schools for the Deaf.
Quessy Henry St.-Hilaire, avocats, based in Quebec City, serves diverse clientele in many practice areas, including insurance, administrative law and corporate law firm. The cooperation and the complementarity skills of the independent lawyers at Quessy Henry St.-Hilaire, avocats allow clients to benefit from their collective experience.
SOURCE Koskie Minsky LLP www.kmlaw.ca
http://www.newswire.ca/news-releases/plaintiffs-in-four-national-class-actions-team-up-to-take-canada-to-court-in-canadian-armed-forces-systemic-sexual-assault-and-harassment-class-actions-635397003.html
http://www.newswire.ca/news-releases/plaintiffs-in-four-national-class-actions-team-up-to-take-canada-to-court-in-canadian-armed-forces-systemic-sexual-assault-and-harassment-class-actions-635397003.html
19 juill. 2017 « Une alliance contre les Forces armées canadiennes dans les actions collectives pour agressions sexuelles et harcèlement sexuel systémiques »
QUÉBEC, le 19 juill. 2017 /CNW/ - Les demandeurs dans quatre différentes actions collectives déposées à Ottawa, Toronto, Halifax et Québec se sont alliés afin de poursuivre le gouvernement canadien dans le but d'obtenir une indemnisation pour les personnes qui ont subi des agressions sexuelles, du harcèlement et la discrimination dans leurs fonctions auprès des Forces armées canadiennes.
Le 27 mars 2015, la juge retraitée de la Cour suprême du Canada, Marie Deschamps, a produit un rapport intitulé «Examen externe sur l'inconduite sexuelle et le harcèlement sexuel dans les Forces armées canadiennes ». Dans ce rapport, la juge Deschamps a conclu qu'«qu'il existe une culture sous-jacente de la sexualisation au sein des FAC. Cette culture est hostile aux femmes et aux LGTBQ et propice aux incidents graves que sont le harcèlement sexuel et l'agression sexuelle» et que «Les dirigeants doivent reconnaître que l'inconduite sexuelle est un problème grave et bien réel pour les FAC, et qu'ils doivent y voir personnellement, directement et de façon soutenue.»
À la suite du dépôt de ce rapport, plusieurs actions collectives ont été déposées au Canada afin d'obtenir des changements et une indemnisation pour les personnes qui ont subi des agressions sexuelles, du harcèlement et de la discrimination dans les Forces armées canadiennes. Les avocats qui représentent les demandeurs dans ces recours travailleront désormais ensemble afin de poursuivre les procédures dans l'intérêt commun des membres. Les demandeurs dans ces actions collectives sont représentés par Koskie Minsky, LLP à Toronto, Raven, Cameron, Ballantyne & Yazbeck LLP/srl à Ottawa, Wagners à Halifax et Quessy Henry St-Hilaire à Québec.
« L'alliance conclue avec les demandeurs des autres actions collectives déposées au Canada est dans l'intérêt des membres du groupe québécois que nous représentons, en mettant en commun nos ressources, compétences et expériences» , affirme Me Jean-Daniel Quessy, avocat du cabinet Quessy Henry St-Hilaire. « Nous sommes d'avis qu'il s'agit du moyen le plus efficace afin de faire valoir les droits des membres du groupe et d'obtenir l'indemnité qu'ils sont en droit de recevoir. »
La Cour fédérale entendra les requêtes pour autorisation du 9 au 13 juillet 2018.
Si vous êtes un membre actuel ou retraité des Forces armées canadiennes qui a subi une agression sexuelle, du harcèlement et de la discrimination dans le cadre de vos fonctions, vous pouvez contacter les avocats du groupe au 1-888-502-7455 ou par courriel à militaryassaultclassaction@kmlaw.ca, ou encore pour un service en français au 418-682-8924 ou par courriel à jd@quessyavocats.ca
Source: http://www.newswire.ca/fr/news-releases/-une-alliance-contre-les-forces-armees-canadiennes-dans-les-actions-collectives-pour-agressions-sexuelles-et-harcelement-sexuel-systemiques--635398673.html
Le 27 mars 2015, la juge retraitée de la Cour suprême du Canada, Marie Deschamps, a produit un rapport intitulé «Examen externe sur l'inconduite sexuelle et le harcèlement sexuel dans les Forces armées canadiennes ». Dans ce rapport, la juge Deschamps a conclu qu'«qu'il existe une culture sous-jacente de la sexualisation au sein des FAC. Cette culture est hostile aux femmes et aux LGTBQ et propice aux incidents graves que sont le harcèlement sexuel et l'agression sexuelle» et que «Les dirigeants doivent reconnaître que l'inconduite sexuelle est un problème grave et bien réel pour les FAC, et qu'ils doivent y voir personnellement, directement et de façon soutenue.»
À la suite du dépôt de ce rapport, plusieurs actions collectives ont été déposées au Canada afin d'obtenir des changements et une indemnisation pour les personnes qui ont subi des agressions sexuelles, du harcèlement et de la discrimination dans les Forces armées canadiennes. Les avocats qui représentent les demandeurs dans ces recours travailleront désormais ensemble afin de poursuivre les procédures dans l'intérêt commun des membres. Les demandeurs dans ces actions collectives sont représentés par Koskie Minsky, LLP à Toronto, Raven, Cameron, Ballantyne & Yazbeck LLP/srl à Ottawa, Wagners à Halifax et Quessy Henry St-Hilaire à Québec.
« L'alliance conclue avec les demandeurs des autres actions collectives déposées au Canada est dans l'intérêt des membres du groupe québécois que nous représentons, en mettant en commun nos ressources, compétences et expériences» , affirme Me Jean-Daniel Quessy, avocat du cabinet Quessy Henry St-Hilaire. « Nous sommes d'avis qu'il s'agit du moyen le plus efficace afin de faire valoir les droits des membres du groupe et d'obtenir l'indemnité qu'ils sont en droit de recevoir. »
La Cour fédérale entendra les requêtes pour autorisation du 9 au 13 juillet 2018.
Si vous êtes un membre actuel ou retraité des Forces armées canadiennes qui a subi une agression sexuelle, du harcèlement et de la discrimination dans le cadre de vos fonctions, vous pouvez contacter les avocats du groupe au 1-888-502-7455 ou par courriel à militaryassaultclassaction@kmlaw.ca, ou encore pour un service en français au 418-682-8924 ou par courriel à jd@quessyavocats.ca
Source: http://www.newswire.ca/fr/news-releases/-une-alliance-contre-les-forces-armees-canadiennes-dans-les-actions-collectives-pour-agressions-sexuelles-et-harcelement-sexuel-systemiques--635398673.html
June 5, 2017
The path has now been cleared for certification hearings to proceed in two class actions alleging systemic sexual assault and harassment on behalf of members of the Canadian Armed Forces. The Honourable Mr. Justice Fothergill of the Federal Court on May 30, 2017 ordered the motions for certification to proceed in Toronto from July 9 to 13, 2018. The defendant in the class actions is The Attorney General of Canada.
On March 27, 2015, former Supreme Court of Canada Justice Marie Deschamps released a report entitled "External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces". Following months of consultations, interviews and a review of Canadian Armed Forces policies, procedures and programs in relation to sexual harassment and sexual assault, Justice Deschamps' report concluded that the Canadian Armed Forces maintained a hostile, sexualized workplace, and there was a "perception in the lower ranks that those in the chain of command either condone inappropriate sexual conduct, or are willing to turn a blind-eye to such incidents."
Sherry Heyder, Amy Graham and Nadine Schultz-Nielsen are the plaintiffs in the Federal Court class action on behalf of women. They experienced sexual assault, harassment and gender-based discrimination. Larry Beattie is the plaintiff in the Federal Court class action on behalf of men. He, too, experienced sexual harassment and assault while he was a member of the Canadian Armed Forces. All individuals who have been harmed share a similar story. The Statements of Claim allege that sexual assault and harassment in the Canadian Armed Forces are endemic and the Canadian Armed Forces has created and maintained a culture where leadership looks the other way. The actions are supported by It's Just 700, a Canada-wide online resource and peer support group for survivors of Military Sexual Trauma.
"This is the first step in getting justice and recognition for what I and so many others have had to endure," said plaintiff Amy Graham.
"Now that Justice Fothergill has scheduled the motions for certification, we have a clear path to having the victims' voices heard," said Jonathan Ptak, counsel at Koskie Minsky LLP, one of the law firms representing the class members. "Now the ball is in Canada's court to answer our allegations."
If you are a current or former member of the Canadian Armed Forces who has experienced sexual harassment or assault, please call 1(888) 502-7455, visit www.kmlaw.ca/militaryassaultclassaction or www.ravenlaw.com/armed-forces-class-action, or email militaryassaultclassaction@kmlaw.ca or armedforcesclassaction@ravenlaw.com.
Koskie Minsky LLP, based in Toronto, is one of Canada's foremost class action, pension, trade union, and litigation firms. Its class actions group has been a leader in class actions since 1992 and has prosecuted many of the leading cases in the area. Koskie Minsky LLP was counsel to the survivors of former residents of Huronia Regional Centre and 14 other residential facilities for people with disabilities against the Province of Ontario, wherein the Province agreed to pay survivors over $103.6 million and to provide an apology to former residents for the harm they sustained. Koskie Minsky LLP was also counsel in Cloud v. Canada, the first Indian residential schools class action certified in Canada, which resulted in a $4 billion pan-Canadian settlement.
Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l., is an Ottawa-based law firm specializing in labour/employment, human rights, and public law, with involvement in class action litigation. RavenLaw has extensive experience in addressing systemic gender-based discrimination. The firm was counsel in the historic $3.2 billion pay equity win for federal public service employees, the $150 million pay equity award against Canada Post at the Supreme Court of Canada, and numerous other pay equity cases, including most recently the $45 million pay equity settlement at Statistical Survey Operations. RavenLaw has been appointed as amicus curiae by the Supreme Court of Canada and has argued leading cases in the area of human rights and constitutional law.
On March 27, 2015, former Supreme Court of Canada Justice Marie Deschamps released a report entitled "External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces". Following months of consultations, interviews and a review of Canadian Armed Forces policies, procedures and programs in relation to sexual harassment and sexual assault, Justice Deschamps' report concluded that the Canadian Armed Forces maintained a hostile, sexualized workplace, and there was a "perception in the lower ranks that those in the chain of command either condone inappropriate sexual conduct, or are willing to turn a blind-eye to such incidents."
Sherry Heyder, Amy Graham and Nadine Schultz-Nielsen are the plaintiffs in the Federal Court class action on behalf of women. They experienced sexual assault, harassment and gender-based discrimination. Larry Beattie is the plaintiff in the Federal Court class action on behalf of men. He, too, experienced sexual harassment and assault while he was a member of the Canadian Armed Forces. All individuals who have been harmed share a similar story. The Statements of Claim allege that sexual assault and harassment in the Canadian Armed Forces are endemic and the Canadian Armed Forces has created and maintained a culture where leadership looks the other way. The actions are supported by It's Just 700, a Canada-wide online resource and peer support group for survivors of Military Sexual Trauma.
"This is the first step in getting justice and recognition for what I and so many others have had to endure," said plaintiff Amy Graham.
"Now that Justice Fothergill has scheduled the motions for certification, we have a clear path to having the victims' voices heard," said Jonathan Ptak, counsel at Koskie Minsky LLP, one of the law firms representing the class members. "Now the ball is in Canada's court to answer our allegations."
If you are a current or former member of the Canadian Armed Forces who has experienced sexual harassment or assault, please call 1(888) 502-7455, visit www.kmlaw.ca/militaryassaultclassaction or www.ravenlaw.com/armed-forces-class-action, or email militaryassaultclassaction@kmlaw.ca or armedforcesclassaction@ravenlaw.com.
Koskie Minsky LLP, based in Toronto, is one of Canada's foremost class action, pension, trade union, and litigation firms. Its class actions group has been a leader in class actions since 1992 and has prosecuted many of the leading cases in the area. Koskie Minsky LLP was counsel to the survivors of former residents of Huronia Regional Centre and 14 other residential facilities for people with disabilities against the Province of Ontario, wherein the Province agreed to pay survivors over $103.6 million and to provide an apology to former residents for the harm they sustained. Koskie Minsky LLP was also counsel in Cloud v. Canada, the first Indian residential schools class action certified in Canada, which resulted in a $4 billion pan-Canadian settlement.
Raven, Cameron, Ballantyne & Yazbeck LLP/s.r.l., is an Ottawa-based law firm specializing in labour/employment, human rights, and public law, with involvement in class action litigation. RavenLaw has extensive experience in addressing systemic gender-based discrimination. The firm was counsel in the historic $3.2 billion pay equity win for federal public service employees, the $150 million pay equity award against Canada Post at the Supreme Court of Canada, and numerous other pay equity cases, including most recently the $45 million pay equity settlement at Statistical Survey Operations. RavenLaw has been appointed as amicus curiae by the Supreme Court of Canada and has argued leading cases in the area of human rights and constitutional law.
November 29, 2016
In light of the results in the Statistics Canada Survey on Sexual Misconduct in the Canadian Armed Forces, many men and women of the Military Sexual Trauma group It’s Just 700 have joined efforts and filed a Notice of Action against the Attorney General of Canada for sexual assault and battery, sexual harassment, and misfeasance of public office in the Canadian Armed Forces.
One of the representative plaintiffs, retired Leading Seaman Amy Graham, believes that the Canadian Armed Forces’ decision to exclude key military groups from the Statistics Canada survey, such as those on courses, as well as released members like her, skewed the overall picture. Amy had this to say about the survey results: “While I am no longer in the military and I did not get the opportunity to participate in the survey, I am still dealing with the military court system and it has been an eye opener. The punishments being handed down do not come close to matching the crimes that are committed.” She and roughly half of the It’s Just 700 members either quit the military because they were not willing to tolerate the abuses any longer or were forced to medically release for not meeting the “Universality of Service” mental health requirements after enduring work-related sexual harassment or sexual assault.
The Survey reveal fells at the same day as the conclusion of the Court Martial process in relation to the sexual assault Amy experienced while serving overseas. “The setbacks I faced as a result of the assault combined with the frustration of the legal process have fuelled me to fight for more, not just for myself, but for others facing similar problems. I hope that our class action suit will raise awareness to these inappropriate actions and hasten the course of putting an end to them.”
Many young members were excluded from the survey
The Canadian Armed Forces also chose to exclude the young men and women on courses, including Basic Recruit Training, from this survey. “Since I was raped at 18 years old by a senior staff while serving on my first ship, I can see how this can be big problem,” added former sailor and second representative plaintiff Larry Beattie. “The majority of It’s Just 700 members, including men, have experienced sexual trauma either while on Basic Recruit Training, on their first course, on their first posting, or on deployment,” added Larry. According to the U.S. Sexual Prevent & Response Commander’s Guide, young service-members are particularly vulnerable to serious forms of sexual assault.
“We are aware that tracking this kind of information might be difficult,” admits third representative plaintiff Nadine Schultz-Nielsen, also medically released from the CAF after multiple assaults and harassment that led to many forms of retaliation once she started to flag incidents. “We can’t see how the Canadian Armed Forces were able to get accurate information while ignoring these two key groups throughout their Survey. We believe that the actual rates of sexual assault in the CAF are probably much higher.”
By excluding members who exited the military from their scope of work (as done by this Survey and the 2015 External Review into Sexual Misconduct and Sexual Harassment in the Canadian Armed Forces), the members of the It’s Just 700 group believe that the CAF is missing the mark. That is why we decided a month ago to partner with firm Raven Law in hope to bring a class action in order to see meaningful changes.
Notice of Action
You can view the Notice of Action on the Raven Law website.
Contact us
Representative plaintiffs and the founder of the group It’s Just 700 can be reached at itsjust700@gmail.com.
Join the class action
Please email the firm Raven Law at armedforcesclassaction@ravenlaw.com to learn more about the class action.
Meet the representative plaintiffs
Amy Graham, ret. Leading Seaman
Amy Graham is 34 years old and served in the Canadian Armed Forces as a Communications Researcher for six years between 2004 and 2010. She was deployed to Afghanistan for seven months from October 2009 until May 2010. A sexual assault by one of her superiors on her way home from Afghanistan solidified her decision to release from the military, which she did before the full onset of PTSD symptoms. In 2014, Amy was diagnosed with severe PTSD and chronic major depression. Veterans Affairs recommended she join the rehabilitation program which gives veterans access to treatment and vocational services after treatment.
Today in Gatineau, the Court Martial related to her sexual assault is concluding. The setbacks she has faced as a result of the assault combined with the frustration of the legal process and the awareness of the prevalence of assaults and poor justice in the military has fuelled Amy to fight for more. Not just for herself, but for others facing similar problems. She hopes that this lawsuit will raise awareness to these issues and hasten the course of putting an end to them.
Today in Gatineau, the Court Martial related to her sexual assault is concluding. The setbacks she has faced as a result of the assault combined with the frustration of the legal process and the awareness of the prevalence of assaults and poor justice in the military has fuelled Amy to fight for more. Not just for herself, but for others facing similar problems. She hopes that this lawsuit will raise awareness to these issues and hasten the course of putting an end to them.
Larry Beattie, ret. Master Seaman
Larry JG Beattie, CD (born 1961) in Windsor, Quebec, joined the Canadian Armed Forces in 1978 at the age of 17 years old. In February 1979, he was posted to his first ship HMCS SKEENA based out of Halifax, and was sexually assaulted and raped by another sailor who was higher ranked than he was. His life was also threatened if he spoke to anyone about it.
“I started drinking heavily shortly after the assault and thereafter as a coping mechanism, I cried myself to sleep many times.” He is now receiving a monthly pension from VAC for his left hand and a PTSD unrelated to his sexual assault. He has received a lump sum for erectile dysfunction which VAC blames on his medications. “My sexual dysfunction has been part of my entire life. It cost me 3 marriages and made me an alcoholic, I have been to detox and a 28 day in-house program for addiction, I have been to AA but I keep falling off the wagon as this has always been my coping mechanism.”
“I started drinking heavily shortly after the assault and thereafter as a coping mechanism, I cried myself to sleep many times.” He is now receiving a monthly pension from VAC for his left hand and a PTSD unrelated to his sexual assault. He has received a lump sum for erectile dysfunction which VAC blames on his medications. “My sexual dysfunction has been part of my entire life. It cost me 3 marriages and made me an alcoholic, I have been to detox and a 28 day in-house program for addiction, I have been to AA but I keep falling off the wagon as this has always been my coping mechanism.”
Nadine Schultz-Nielsen, ret. Leading Seaman
Nadine Schultz-Nielsen, CD (born 1978) grew up on Cape Breton Island and was naturally drawn to the Navy. She joined HMCS IROQUOIS as a Sonar Operator in 2002 and deployed on OP APOLLO in 2003. She also served out of trade as a Flight Attendant at 437(T) Squadron, and as a Component Transfer Clerk at National Defence Headquarters.
Nadine's first sexual assault was by a standards instructor at Canadian Forces Fleet School Esquimalt, BC, and she continued to experience assaults and harassment for the duration of her career. Nadine started drinking heavily shortly after arriving in Halifax as a coping mechanism; although the Navy felt like home, the daily harassment and groping were too much. Once she was able to distance herself from the ship environment she started seeking help and planned her escape to a safer more inclusive environment through out-of-trade postings and a blocked occupational transfer. When Nadine pursued a medical release for MST related trauma, she was subject to significant retaliation.
After her release in 2013, Nadine discovered that not only were there no MST-related services available through Operational Stress Injury Social Support (OSISS), but Veterans Affairs also had nothing to offer as far as MST specific support. Nadine feels that it is important to be a part of the change she wants to see. By telling her story, she hopes to create awareness and open a dialog so others can feel safe supporting and advocating for victims of abuse within the CAF. By addressing the culture that continues to be accepted within the chain of command, Nadine hopes to encourage positive change in the CAF.
Nadine's first sexual assault was by a standards instructor at Canadian Forces Fleet School Esquimalt, BC, and she continued to experience assaults and harassment for the duration of her career. Nadine started drinking heavily shortly after arriving in Halifax as a coping mechanism; although the Navy felt like home, the daily harassment and groping were too much. Once she was able to distance herself from the ship environment she started seeking help and planned her escape to a safer more inclusive environment through out-of-trade postings and a blocked occupational transfer. When Nadine pursued a medical release for MST related trauma, she was subject to significant retaliation.
After her release in 2013, Nadine discovered that not only were there no MST-related services available through Operational Stress Injury Social Support (OSISS), but Veterans Affairs also had nothing to offer as far as MST specific support. Nadine feels that it is important to be a part of the change she wants to see. By telling her story, she hopes to create awareness and open a dialog so others can feel safe supporting and advocating for victims of abuse within the CAF. By addressing the culture that continues to be accepted within the chain of command, Nadine hopes to encourage positive change in the CAF.
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