‘It was abuse’

Proposed $150-million settlement in military racism lawsuit

A Halifax law firm is looking for people who experienced racial discrimination and racial harassment within the Canadian Armed Forces over the past four decades to share in a proposed $150-million settlement.

Lead plaintiffs in the case brought by Stewart Mckelvey against the Attorney General of Canada include Nova Scotia’s Wallace Fowler, a Black man who wrote two books about his experiences of racism in the military, as well as Marc Frenette, an Indigenous man from Ontario, and Jean-pierre Robillard, a Black man of Haitian descent raised in New Brunswick.

“The parties have agreed to the terms of a proposed settlement of this class proceeding and must now communicate the terms of that settlement to individuals who would be covered by the proposed class member definition,” Federal Court Justice Ann Marie Mcdonald said in a written decision dated April 2.

‘RACISM TO THE MAX’

In an interview Thursday from Truro, Fowler said he believes thousands of people will apply to get part of the settlement.

“I think they’re going to want to participate knowing that there’s a paycheque,” he said.

Fowler, now 50, did basic training in 1997, then dropped out after a couple of months. He returned to the army in April 2000 and stayed in uniform until June 2003.

“What did I experience? Racism to the max,” he said.

Fowler, who goes by Wally, described one frigid night in 2001 at CFB Borden when he was posted to sentry duty with other members of his platoon.

“After the eight-hour shift they brought the people in and we were supposed to eat and everything and take a break,” he said. “Everybody else came in. Everybody ate and everything. And when I was ready to eat, they told me to go back on sentry.”

‘I GOT HYPOTHERMIA’

Fowler wound up in the base hospital.

“It was so cold at that time I got hypothermia,” he said.

“It was abuse, is what it was.” The vehicle technician with the rank of private was posted to three bases in three years. Fowler believes he was “black-balled” by the military for speaking out about his treatment.

“Twenty-five years later, I’m still suffering (post-traumatic stress syndrome) and the after-effects,” he said. “It’s something you just don’t forget, and it ruined my life. The chances of having a family and kids and everything – that’s all been taken from me.”

The lawsuit was launched in December 2016.

PAYMENTS WILL RANGE

Proposed class members include anyone enrolled in the Canadian Armed Forces since April 17, 1985 “who assert that they have been subjected to racial discrimination and/ or racial harassment,” said the judge.

Individual payments for each class member will range from $5,000 to a maximum of $35,000, although Mcdonald noted that could go up or down “depending upon the size of the class.”

The participation deadline is June 27.

On top of individual compensation, the proposed settlement includes measures for the military to take “designed to address and correct internal systemic issues,” Mcdonald said.

‘REGARDLESS OF THEIR COLOUR’

“I’d like to see change,” Fowler said. “I’d like equal opportunity for everybody, regardless of their colour, but I don’t think that’s going to happen in my lifetime, to be honest with you.”

The military has stressed zero tolerance for racist behaviour, he said. “The only reason people are getting caught now is because people have got cameras and phones.”

Legal fees for Stewart Mckelvey are proposed at $5 million plus disbursements and tax.

“Legal fees will be paid separately and will not be deducted from the $150 million settlement funds,” said the judge.

“This is an important feature of the proposed settlement as legal fees will not deplete the settlement funds available to class members.”

‘SHARE RESPONSIBILITIES’

Both the plaintiffs and the feds “share responsibilities to disseminate notices” about the proposed settlement by May 1, Mcdonald said.

“The defendant will oversee delivery of the proposed notice forms to existing class members of the (Canadian Armed Forces) and recipients of Veterans Affairs Canada benefits via social media, intranet, accounts websites, and mobile applications,” said the judge.

“Class counsel will post the notice forms to their website, deliver them to all known class members, deliver them to multiple veterans’ organizations and arrange for publication of the short form notice in three veterans’ publications.”

The short form includes a legal rights and options section which informs class members of their options, which include doing nothing; opting out; submitting a statement of support; objecting to the proposed settlement; or participating at the settlement hearing. The long form contains the same information with more details.

‘SUFFICIENTLY TRANSPARENT’

“The notice stage is indispensable as it informs class members about their rights, particularly the possibility of opting out, and sometimes about the settlement of a case,” Mcdonald said.

“The content of the notice must be ‘sufficiently transparent, informative and adequate disclosure’ so that class members can make a well-informed decision about whether to support, opt-out or object to the settlement agreement.”

Stewart Mckelvey has hired a public relations firm “to facilitate creating a dedicated website,” and publicize the case.

“I find the proposed notice plan accomplishes the overarching purpose of notice, which is to ensure class members understand their rights and options and will be able to make informed decisions about what to do regarding the settlement approval process,” Mcdonald said.

Stewart Mckelvey must hand over a list of those participating in the proposed settlement by July 5.

The judge set aside July 16 and 17 as hearing dates for the settlement approval motion.

CONTRIBUTED Wallace Fowler and his girlfriend Michelle Ramirez at their home in Truro.

CONTRIBUTED Wallace Fowler, back right, during his time in uniform.