Feds move to end assault survivor suit
Military group left reeling after government says it did not owe them ‘duty of care’
Military survivors of sexual assault are in shock after the federal government filed a motion to strike their class-action lawsuit, claiming it did not owe a “duty of care . . . to provide a safe and harassment-free environment.”
The motion continues to say the government has no duty “to create policies to prevent sexual harassment or sexual assault which are already prohibited by the Canadian Human Rights Act . . .”
On Wednesday, Prime Minister Justin Trudeau put Justice Department lawyers on notice, stating this argument was “of concern to me, and I’ve asked (Justice Minister Jody Wilson-Raybould) to follow up with the lawyers to make sure that we argue things that are consistent with this government’s philosophy.”
“Obviously, the lawyers’ argument does not align with my beliefs or what this government believes,” Trudeau said. In January, he expressed his “unequivocal” support for women who come forward with allegations in his speech at the World Economic Forum in Switzerland.
“It feels like a slap in the face,” said Marie-Claude Gagnon, founder of the military sexual trauma support group It’s Just 700, who has worked to improve how the Canadian Armed Forces addresses sexual assaults. “They’re trying to erase (inappropriate sexual behaviour) and eradicate it, but they’re saying they don’t have a responsibility. It’s completely contradictory.”
The motion was filed in response to a lawsuit that has been making its way through federal court since late 2016. A certification hearing is set for July this year.
The lawsuit was brought forward by three female former service members who allege they were harassed or assaulted while in uniform. They are seeking $800 million for themselves and hundreds of others — men and women — with similar experiences.
Five class actions from across the country — British Columbia, Halifax, Ottawa, Toronto, and Quebec — have been working together.
“I’m just disgusted with their arguments,” said Amy Graham, a plaintiff in the lawsuit. “Whose duty is it if it’s not the government’s duty?”
In an email statement, both Wilson-Raybould, and Defence Minister Harjit Sajjan said they were committed to creating safe workplaces.
Wilson-Raybould said the prime minister had “instructed” her to look at the pleas filed in this case “to ensure that we are proceeding on a basis that are consistent with our values as a government.”
The Canadian Forces, under Gen. Jonathan Vance’s leadership, created Operation Honour in August 2015 to “eliminate” any and all inappropriate sexual behaviour. This was after the Deschamps report found an “underlying sexualized culture” in the Forces, which needed to be addressed. In 2016, nearly 1,000 military personnel told Statistics Canada they had been sexually assaulted within the previous12 months. Fiftyfive members “have been released” from the Canadian Armed Forces due to the inappropriate sexual behaviour since September 2015.
The government has recently settled similar class actions brought by RCMP members and former LGBTQ employees, but has taken an aggressive stance on this one, according to lawyers.
“Right now we feel like secondclass citizens,” Graham said. “How dare you encourage more people to come forward when you’re fighting the people who already have?”
“It’s pretty dishonourable that you have no duty to protect people who have put their life on the line to protect the country.”