The Government of Canada acknowledges that historic federal policies and practices – which were not consistent with the values and principles now embodied in the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, and Quebec’s Charter of Human Rights and Freedoms – led to the discrimination of LGBTQ2 people employed by the federal Public Service, including the Canadian Armed Forces and the RCMP.
That is why the Government of Canada has been working to resolve the Todd Edward Ross, Martine Roy et Alida Satalic Class Action in a fair, compassionate, and respectful manner that promotes healing and reconciliation. The parties signed an Agreement-in-Principle in November 2017, and are now working together toward a final settlement agreement.
The Agreement-in-Principle includes measures to support individual compensation, reconciliation, and recognition, as well as additional initiatives to promote collective reconciliation and remembrance.
The settlement provides up to $145 million, including $20 million for legal fees and administration.
Individual compensation, reconciliation and recognition
A total of $110 million will be available to compensate class members — federal public servants, including members of the Canadian Armed Forces and the RCMP, who were directly and negatively impacted by discriminatory policies and practices. Specific details regarding the application process will be set out in the final settlement agreement being worked on now.
Class members will also be eligible to receive an award in recognition of their service – the Canada Pride Citation – and a personal letter of apology.
Employment records
The Government of Canada will work to ensure that all public servants who were impacted by discriminatory policies and practices are given access to their employment records, where such records exist.
Class members who were sanctioned or threatened with sanctions, resigned, were discharged, or terminated as a result of discrimination will have a special notation added to their record. The notation will indicate that the action was a result of a wrongful historic policy, and not due to a lack of ability.
Collective reconciliation and remembrance
The Agreement-in-Principle includes a minimum investment of $15 million by the Government of Canada for projects that will record and memorialize these historic events. These projects will include:
- Core and traveling museum exhibits curated by the Canadian Museum of Human Rights, which will be based on the collection of stories and oral histories of those in the Canadian Armed Forces and RCMP who were impacted by discriminatory practices and policies; and
- A national monument to be located in Ottawa and an education package that will memorialize the historic discrimination against LGBTQ2 Canadians, including people who were employed in the federal public service.
There may also be additional projects such as archival projects.
The intent of these measures is to build awareness, prevent future discrimination, and help advance reconciliation with LGBTQ2 communities.
Training
While diversity training is in place throughout the federal Public Service, the Government of Canada will consult with a non-government expert on ways to improve its existing training programs. The Government of Canada will also consult an outside expert to assess how it can improve LGBTQ2 inclusion in federal workplaces.