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Canadian Armed Forces Class Action – Class Action Overview

by | Monday, December 12, 2016

On November 21, 2016, Wagners commenced a proposed class action on behalf of all persons in Canada who are currently or were formerly Members of the Canadian Armed Forces and who identify as female.

The action alleges that the Government of Canada is responsible for the systemic gender- and sexual-orientation-based discrimination, bullying, harassment and sexual assault of female members within the Canadian Armed Forces.

The action also claims that female members’ rights to be free from discrimination on the basis of sex, which is protected by the Canadian Charter of Rights and Freedoms, has been violated.

The suit does not name or sue individual people for their discriminatory or abusive actions towards female members of the Canadian Armed Forces.

Rather, this is a civil lawsuit claiming that the Government of Canada is vicariously liable for the sexual misconduct of the male members of the CAF. Vicarious liability assigns legal responsibility for the harm and injury suffered by female members at the hands of male members of the CAF to the Canadian Government.

As well, this action is focused on systemic discrimination, bullying, harassment and sexual assault of female members. Systemic discrimination takes the focus away from individual acts, and instead refers to patterns of behavior, policies or practices that are part of an organization’s structure, and which create or perpetuate discrimination, harm, and disadvantage.

For instance, in this action, it is alleged that the Government of Canada:

  • a)did not take reasonable measures to prevent sexual misconduct;
  • b)provided inadequate training on prohibited sexual conduct;
  • c)provided inadequate programs, support services, and reporting mechanisms to victims; and
  • d)did not take meaningful steps to prevent sexual misconduct within the Canadian military.

Not only is this action about monetary relief, but it is also about hopefully instigating comprehensive cultural change within the Canadian military to rid the sexualized and hostile environment, and make it a place where women are integrated, valued and able to succeed.

Please refer to our next blog, which explains the procedural steps and how class actions work.

Please do not hesitate to contact us by email at classaction@wagners.co or call toll free at 1-800-465-8794 for more information. All communications with Wagners will be kept confidential.

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Sam M
Sam M
16:11 19 Jan 18
Dyana was so kind to help me and respond to my query within 24h even though they do not pursue the specific class action I was looking for. She sent me few links by email. Thank you Dyana.
linda frausell
linda frausell
01:21 16 May 17
I have dealt with Wagner and Associates over the years and have received great advice,support and results . Their team is very respectful and show they care. You can trust them to take care of you and they always have your best interest in hand. I would definetly recommend them .
frank slaunwhite
frank slaunwhite
16:29 03 May 17
Ray Wagner and his legal team have been representing my niece and I for many years. They have been honest and quick to respond to all our needs in a professional manner. I highly recommend Wagners Law Firm and appreciate their caring approach.Thanks
Missy Day
Missy Day
12:03 06 Oct 16
I can't speak highly enough about the lawyers at Wagners who represented me for injuries from not one but two motor vehicle accidents. They were very professional and approachable. I was kept informed of all steps in the process and all of my inquiries were responded to and dealt with very quickly. The lawyers are knowledgeable and showed great empathy for what I was going through. I would recommend this firm to anyone!
Nicholas Gordon
Nicholas Gordon
11:30 06 Oct 16
I contacted Wagners about a motor vehicle accident.I was able to speak with someone right away. The staff were very pleasant and helpful.I received a response about pursuing a case the next day.I would highly recommend this firm.
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