CAF issues administrative instructions related to the LGBT Purge
The Canadian Armed Forces (CAF) provided initial instructions for administrative action related to the implementation of Bill C-66 – The Expungement Act, and the LGBT Purge class action lawsuit Final Settlement Agreement (FSA), in CANFORGEN 160/18 and CANFORGEN 184/18 (internal links).
The LGBT purge refers to actions taken by the Government of Canada to identify, investigate, sanction, and in some cases, terminate the employment of or discharge members of the CAF, the Royal Canadian Mounted Police (RCMP) and employees of the Federal Public Service by reason of their sexual orientation, gender identity, or gender expression between December 1, 1955 and June 20, 1996.
Tabled in November 2017, Bill C-66, also known as the Expungement of Historically Unjust Convictions Act, was part of a historic apology delivered by Prime Minister Justin Trudeau to those harmed by federal legislation, and by the policies and practices that led to the oppression of and discrimination against LGBT Canadians. The Bill received royal assent in June 2018, and was followed by the federal court approval of the FSA between the Government of Canada and certain current or former members of the CAF, RCMP and Federal Public Service employees who were affected by the LGBT Purge.
CANFORGEN 184/18 announced the establishment of the Litigation Implementation Team (LIT) to implement the CAF requirements of the LGBT Purge FSA. Under the terms of the FSA, those affected by the LGBT Purge can submit a claim to Deloitte, which is the court-appointed Administrator of the FSA. The six month claims period began on October 25, 2018, and information is available in the court-approved notice on Deloitte’s website.
CANFORGEN 160/18 provided information on the expungement of historically unjust convictions under both the Criminal Code of Canada and the National Defence Act.
Because of the process of record retrieval related to the LGBT Purge FSA, a litigation hold remains in effect. Any DND/CAF action related to the retrieval of and destruction of judicial records for any potential class member of the LGBT purge class action lawsuit must be postponed until the conclusion of the implementation of the FSA.
Once the implementation of the FSA is completed, the CAF will provide further direction to ensure a timely and efficient expungement process in accordance with Bill C-66.
More information is available at:
CANFORGEN 160/18 CMP 079/18 261257Z SEP 18 (internal link)
CANFORGEN 184/18 CMP 087/18 241943Z OCT 18 (internal link)
