$150M settlement agreement reached in military racism class-action lawsuit

Former Canadian Armed Forces members at the centre of a class action lawsuit alleging racial discrimination and harassment in the military now have a proposed settlement on the table, according to court documents.

If approved in court, the deal would see $150 million paid out by the federal government to claimants.

The suit was filed in 2016 with three veterans as representative plaintiffs, including Nova Scotia native Wallace Fowler.

“There’s just been a lot of things that I’ve been fighting for, with no justice,” says Fowler, in an interview with Global News at his Bible Hill, N.S.,  home.

“These guys got caught with their pants down at the end of the day,” he adds.

According to the lawsuit’s statement of claim, Fowler faced a series of racist incidents soon after he signed up and trained as a vehicle technician at CFB Borden in 2000, becoming subject to discriminatory nicknames such as “sunshine” and “boy.”

The class action goes on to describe a later incident during Fowler’s posting at CFB Esquimalt with his family, alleging his stepchildren were “spat on” and “his spouse had bananas thrown at her while walking home on the base.”

He’s been speaking out against racism in the military ever since.

Fowler was diagnosed with post-traumatic stress disorder (PTSD) and was released from service in 2003.

 

 

“They talked about zero tolerance. But I mean, that only applies to certain people, I guess,” he says.

The federal government does not admit liability with the proposed deal.

In 2018, then-defence minister Harjit Sajjan said the military would settle several class-action lawsuits filed by members of the Canadian Armed Forces pertaining to sexual assault, racism, harassment and discrimination. Until then, government had been undertaking efforts to strike the class actions down in court.

The following year, a $900-million settlement was reached over sexual misconduct and harassment, more than four years after a former Supreme Court justice released a landmark report describing an “underlying sexualized culture” in the military.

Fowler recognizes this settlement deal is much less than that, with individual payments ranging from $5,000 to a maximum of $35,000.

“They’re throwing crumbs at us. They’re giving us a little bit of money…[but] I’m not worried about the money,” he explains, “It’s not about money with me.”

What he really wants is the kind of change he’s not convinced is happening.

“They get caught and what happens is there’s settlements and these guys are still remaining in position, and that’s the sad thing about it,” he says.

Fellow lead plaintiff Jean-Pierre Robillard agrees.

“On my end, it seems like the perpetrators are still in the services right now, misrepresenting Canada and their values,” he says.

According to the lawsuit, Robillard was called the “n-word” multiple times during his 17 years of service, including on deployment in the aftermath of the 2010 earthquake in Haiti.

The native Haitian was sent to Canada by his mother to be raised in Quispamsis., N.B. While on deployment in Haiti, Robillard located his birth mother and sought to have her brought to where he was stationed.

The lawsuit claims Robillard later heard a superior refer to him and his mother as “porch monkeys.”

 

 

“When I first joined, it was a phenomenal time, no issues, you always get your ‘bad person’, but they used to get punished, they used to [be shunned] when I first joined,” he says. “However, throughout the years it just seemed like more and more people were accepting that type of behaviour.”

He was released from the military in 2012 and, like Fowler, also lives with PTSD.

Despite his experience, Robillard still respects the military as a whole.

But individuals within who have perpetrated racism, he says, have never been properly held accountable.

“To me that is creating a continuous toxic environment to not help promote diversity amongst all Canadians,” he adds.

According to the suit, a third lead plaintiff, Marc Frenette, suffered racial slurs and derogatory treatment due to his Indigenous heritage while serving in the Royal Canadian Air Force.

Two days of hearings are scheduled for July 16 and 17 in Halifax to determine if the settlement should be finalized. If it goes ahead, current and former CAF members who experienced racial discrimination during service dating back to April 17th, 1985, can file a claim.

The agreement also sets out parameters for a restorative justice process and other “systemic relief measures.”

Defence Minister Bill Blair wouldn’t comment on the proposed settlement because it’s not finalized.

The Department of National Defence says it has been working on anti-racism initiatives as the Canadian Armed Forces undergoes a major culture overhaul.

In 2021, Prime Minister Justin Trudeau mandated the minister to establish an inclusive and diverse defence team to tackle the issues, and two advisory groups made recommendations.

The department says many have been implemented, including 21 of the 43 recommendations made by the Minister of National Defence Advisory Panel on Systemic Racism and Discrimination, such as adding cultural competency to the complaints process and creating a mentorship pilot program for Black, Indigenous, and other racialized public service workers.