CAF discrimination settlement was 'a slap in the face,' says former soldier

A former member of the Canadian Armed Forces who has been involved with a discrimination class action for eight years says he's unhappy with the settlement that was reached last month. THE CANADIAN PRESS/Sean Kilpatrick

OTTAWA — A former member of the Canadian Armed Forces who has been involved in a discrimination class action for eight years says the settlement isn’t enough to compensate for the trauma he and others experienced.

The class action was launched on behalf of current and former members of the Canadian Armed Forces (CAF) who suffered racial discrimination or harassment in connection with their military service at any time since April 17, 1985.

The settlement is worth up to $150 million, and individual payments will range from a base of $5,000 up to $35,000 for class action members who provide a “narrative of their experience.”

Documents filed with the Federal Court in June 2024 suggest about 45,000 people could be eligible for the settlement. The claims period is expected to open after April 10, 2025.

Anyone eligible for the settlement has the option of getting a personalized apology letter from the chief of the defence staff. The settlement also includes a pledge to make systemic changes to the Canadian Armed Forces' culture.

Rubin Coward, who joined the CAF in 1981 and spent the last eight years working on the class action, said the agreement is “unfair and inequitable.” He said he thinks members were “short changed” compared to those who received other types of settlements.

“I’m very disillusioned and I’m not at all happy with what has transpired,” he said. “I’m just totally disappointed in the entire system … That’s really a slap in the face.”

In 2019, the Canadian government settled a $900-million class-action lawsuit with veterans and military members who experienced sexual misconduct in the Armed Forces.

More than 23,000 people have received compensation through that claim, with most eligible to receive between $5,000 and $55,000 in compensation. Those who experienced exceptional harm, or have been previously denied benefits for exceptional harm, were eligible for up to $155,000.

Coward said he also has concerns about the agreement’s effectiveness, given that racism continues to exist within the CAF.

In a decision released last week, Judge Ann Marie McDonald said the settlement was “fair, reasonable, and in the best interests of the class as a whole.” She said the word compensation is not used in the agreement “in recognition that money cannot make someone whole again.”

McDonald said that while most of the feedback received from class members has been in support of the settlement, some have argued the payment amounts are too low, the CAF still needs structural changes and racists in the ranks are not being held to account.

“Overall, despite the objections raised, I am not satisfied that the objections take the proposed settlement outside the zone of reasonableness,” McDonald said.

She said those opposed to the settlement can opt out and bring forward claims at their own expense.

Wallace Fowler, one of the class action plaintiffs, has asked to be removed from the action to pursue his own claim. McDonald said Fowler objects to the payout amount and alleges “collusion between the lawyers and military officials.”

Kened Sadiku, a spokesperson for the Department of National Defence, said racial discrimination and harassment have “no place” in the Canadian Armed Forces.

Sadiku said that while “no amount of money will ‘compensate’ class members for what they experienced,” both parties developed and agreed to a financial assessment scheme with input from external experts.

Sadiku said DND and the CAF acknowledge that “a history of systemic racism and discrimination within the organization has led to harmful impacts on military personnel, public service employees, and the trust in the organization held by Canadians.” He said that while there have been positive changes and several programs have been implemented, “there is much more work to do.”

Coward said he faced racism during his entire time in the military and was “targeted” almost daily. He said he has since been diagnosed with complex PTSD and was medically released from the military in 1995.

He said he spent years learning about human rights law and helped to launch the class action in 2016.

“None of us put a uniform on so that we’d be abused,” said Coward, who is entitled to a $30,000 honorarium for his involvement in settlement negotiations.

Coward said that while he can’t challenge the judge’s decision, he hopes the financial settlement can be reconsidered and increased.

This report by The Canadian Press was first published Feb. 19, 2025.

Catherine Morrison, The Canadian Press