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Victoria plaintiffs part of national lawsuit against Canadian Armed Forces

Class actions filed in five provinces combining to take on Department of National Defence
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Nicola Peffers is the lead plaintiff in a class action lawsuit filed against the Canadian Armed Forces citing sexual harrassment and discrimination based on her gender, while serving in the Royal Canadian Navy. Photo contributed

Five class action lawsuits filed against Canada in regard to sexual assault, harassment and gender-based discrimination in the Canadian Armed Forces now have national representation after reaching a consortium earlier this month.

Plaintiffs in the five separate suits, filed in Victoria, Ottawa, Toronto, Quebec City and Halifax, are working together to pursue policy changes within the military and compensation for survivors of sexual misconduct.

Reaching a consortium is important, said Rajinder Sahota, a Victoria lawyer representing class action clients in the Capital Region. He said roughly 130 people have contacted his firm to speak about their experiences. B次元官网网址淚n unison, combined as a class, their voices cannot be ignored,B次元官网网址 he said. B次元官网网址淥nce you get past dozens, or hundreds or thousands [of cases], this is endemic. ItB次元官网网址檚 something thatB次元官网网址檚 not being addressed.B次元官网网址

Sahota said B次元官网网址極peration Honour,B次元官网网址 the program the CAF launched to address harmful behaviour, report incidents or access services, is known within the military as B次元官网网址極peration Hop on Her.B次元官网网址

Nicola Peffers, lead plaintiff in the Victoria case, said the program gives the illusion of addressing a culture she describes as homophobic, and not respectful to women or the LGBTQ community. B次元官网网址極peration HonourB次元官网网址 includes a hotline set up for survivors to report incidents.

B次元官网网址淚 called it lipstick on a pig, because to me itB次元官网网址檚 so blatantly, B次元官网网址榗all the hotline, everything will be fine.B次元官网网址 It hasnB次元官网网址檛 changed anything structurally within the legal department of the military,B次元官网网址 she said.

Peffers was a 24-year-old university graduate with a boatload of debt, looking for a steady job with good pay and health benefits when she enlisted in the Royal Canadian Navy in 2008.

B次元官网网址淕rowing up, you learn about current events and about the world and I wanted to be a participant in the global theatre,B次元官网网址 she said. B次元官网网址淚 wanted a piece of the action.B次元官网网址

But the action Peffers was looking for wasnB次元官网网址檛 the kind she was offered. She said she was regularly sexually harassed; a fellow seaman would whisper rape fantasies to her and when she swore at him, she was charged with insubordination. She routinely turned down sexual advances from her superiors, the same chain of command she was required to report such behaviour to.

A 2016 Stats Canada report on sexual misconduct in the Canadian Armed Forces said 960 regular force members reported being victims of sexual assault over the previous year, either in the military or in situations involving military members. In the Canadian workplace, 0.9 per cent of people report being victims of sexual assault; in the armed forces 4.8 per cent of women have reported incidents of the same nature.

But the number is likely higher, Peffers said, because people who were deployed at the time werenB次元官网网址檛 surveyed. And then there are the incidents that go unreported. B次元官网网址淢y first day on ship one of my bosses referred to me as B次元官网网址榞irlB次元官网网址, and not by my name or my rank,B次元官网网址 she recalled. B次元官网网址淲hen I told a fellow female member I planned to report it, she said B次元官网网址榯hatB次元官网网址檚 a really bad idea, you do not want to go down that road.B次元官网网址橞次元官网网址

While posted to HMCS Winnipeg from 2009-2010, Peffers remembers fellow sailors playing a game called B次元官网网址榩ig of the portB次元官网网址 whereby men would compete to bring back to the ship the biggest women they could find. This behaviour extends beyond those who serve, she said, adding that itB次元官网网址檚 steeped in tradition.

B次元官网网址淭he navy seems to be the last bastion of male power. Women have only been on ships since 1995,B次元官网网址 she explained. B次元官网网址淩ight now where we stand, people who are about to retire at the highest ranks on the ship still remember a time before women were onboard.B次元官网网址

Sahota doesnB次元官网网址檛 think thatB次元官网网址檚 a good enough excuse. In every other sphere of civil society in Canada, the type of conduct that is being alleged in this national class action now has been dealt with or eradicated, he said.

B次元官网网址淚B次元官网网址檓 at a loss for words as to how an institution as large and well resourced as the Department of National Defence has continued to condone this culture in the way that it has this long,B次元官网网址 he said. B次元官网网址淚 donB次元官网网址檛 know what to say, itB次元官网网址檚 2017.B次元官网网址

The case will next go before a certification hearing next summer, and if granted, will move to discussion with Attorney General Jody Wilson-Raybould. Sahota said in Canada the attorney general represents the Department of National Defence.

Peffers was eventually diagnosed with PTSD and bi-polar disorder before being honourably discharged in 2012, a diagnosis she said health officials in the military expedited in order to B次元官网网址榩igeon-holeB次元官网网址 her.

B次元官网网址淚 think the public needs to know about how bad it can get, how bad it really is,B次元官网网址 Peffers said. B次元官网网址淚 want to create a safer environment in the military for anyone of any gender to serve in a safe capacity.B次元官网网址

In a statement released in May 2017, the Canadian Armed Forces said it B次元官网网址渢akes all reports of sexual misconduct by its members very seriously and, in all cases, action is taken to determine facts, conduct applicable investigations, analyze available evidence and, if warranted, lay the appropriate charges.B次元官网网址

Calls made to the Ministry of Justice, the legal representation for the CAF, were not returned before deadline.

kristyn.anthony@vicnews.com





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