Were you directly affected by the LGBT Purge in the Canadian Armed Forces, RCMP or Federal Public Service? A settlement has been approved by the court. Please read this notice carefully.
A settlement between the Canadian Federal Government and certain current or former members of the Canadian Armed Forces (“CAF”), the Royal Canadian Mounted Police (“RCMP”) and employees of the Federal Public Service (“FPS”) who were affected by the LGBT Purge has been approved by the court.
The “LGBT Purge” refers to actions taken by the Federal Government of Canada to identify, investigate, sanction, and in some cases, terminate the employment of or discharge LGBTQ2 members of the CAF, RCMP or FPS. The class action lawsuits were commenced by Todd Ross, Martine Roy, and Alida Satalic (the “Representative Plaintiffs”). The Federal Government of Canada is called “Canada”.
WHO IS INCLUDED?
The settlement provides for certain benefits and compensation to the following individuals (“Class Members”): All current or former members of the CAF, current or former members of the RCMP, and current or former Employees of the FPS, 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 FPS, or who resigned from the FPS, 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 are deceased, but who would otherwise fall within one of the above classes are not Class Members and are not eligible for compensation. They may however, apply for and may be found to be eligible to receive individual recognition measures. All Class Members, except those who validly opt out of the settlement, will be bound by the settlement, will be covered by the releases in the settlement, and will not have the right to sue Canada for harms caused by the LGBT Purge.
WHAT DOES THE SETTLEMENT PROVIDE?
The settlement provides: (a) Broad based reconciliation and memorialization measures to be funded by Canada in an amount not less than $15 million; (b) Individual reconciliation and recognition measures consisting of (i) an award to be created and called the Canada Pride Citation; and (ii) a personal letter of apology; and (c) Individual compensation for those who were directly affected by the official policies. All Class Members are eligible for individual reconciliation and recognition measures. Only those Class Members who establish that they were investigated, sanctioned, discharged or terminated, are eligible to claim Individual Compensation. The range of Individual Compensation for most Class Members will be between $5,000 and $50,000. Class Members who experienced exceptional harm such as PTSD or who were sexually assaulted may be eligible for additional amounts.
HOW DO I GET THIS MONEY AND THESE BENEFITS?
You must make a claim for money and/or for individual reconciliation and recognition measures. To do so, you must complete a Claim Form and send it to the Claims office during the Claims Period. The Claims Period will commence on October 25, 2018 and will end on April 25, 2019. A copy of the Claim Form will be available prior to the commencement of the Claims Period at www.lgbtpurgesettlement.com. If there is an appeal of the settlement approval order, the Claims Period may be extended or postponed. You are not eligible for these benefits if you opt out.
HOW MUCH MONEY WILL I GET?
Amounts will depend on the type of harm you suffered and how many Eligible Class Members submit claims in the settlement. The details are explained in the settlement agreement. A copy of the settlement agreement is available here: www.lgbtpurgesettlement.com. The Court approved a payment to Class Counsel in the amount of $15 million, plus applicable tax. You do not need to pay Class Counsel any money.
WHAT IF I DON’T WANT TO BE BOUND BY THE SETTLEMENT?
If you do not want to be bound by the settlement, you must opt out of the class action by September 20, 2018. If you opt out, you will not be entitled to any benefits or compensation for the settlement, and your claim against Canada in respect of the LGBT Purge will not be released. To opt out of the settlement, you must submit an Opt Out Form to the Claims Administrator. A copy of the Opt Out Form is available at www.lgbtpurgesettlement.com. If you have commenced a legal proceeding against Canada relating to the LGBT purge, and you do not discontinue it on or before September 20, 2018 you will be deemed to have opted out of the settlement.
WANT MORE INFORMATION?
Visit www.lgbtpurgesettlement.com, call 1-833-346-6178, email lgbtpurge@ deloitte.ca, or write to LGBT Purge Class Action, c/o Deloitte, Bay Adelaide East, 8 Adelaide Street West, Suite 200, Toronto ON, M5H 0A9.
DO YOU KNOW ANYONE WHO WAS AFFECTED BY THE LGBT PURGE?
Please share this information with them.