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32 O C T O B E R 2 0 1 8 w w w . c a n a d i a n l a w y e r m a g . c o m Organized actions began to form. Poulin, Gouliquer and a group that included Pitre, Roy, Kinsman and others affected by the purge created the "We Demand An Apology Network" in 2015. Its main purpose was to secure a public and official govern- ment apology and redress process for purge victims. In June 2016, the network held a press conference in Ottawa to publicly call for an apology. Days later, EGALE Canada Human Rights Trust released "The Just Society Report: Grossly Indecent: Confronting the Legacy of State Sponsored Discrimination Against Canada's LGBTQ2SI Communities." Chaired by lawyer Douglas Elliott, the committee, among other demands, also called for an apology from the government for its the systemic purge. The pressure was on and various paths were converging. Elliott, a well-known equality and gay rights lawyer, had met Michelle Douglas in the early 2000s during the M. v. H. case, which gave recognition to same-sex common law relationships. Douglas was then president of the Foundation for Equal Families, which intervened in the case and hired Elliott. Working on another LGBTQ rights case a few years later, he'd met former sailor Todd Ross. Elliott enlisted Ross to tell his "untold" story at the release of the "Just Society Report." After an 18-month investigation, sobbing and hooked up to a polygraph machine, still somewhat in denial of his own sexuality, Ross admitted he was gay. Only 21 and feeling he had no options, Ross agreed to leave the navy and was discharged on June 20, 1990. Traumatized, ashamed and alone, Ross tried to take his own life. After that emotional press conference, Roy pressed Elliott on whether the government would do anything for purge victims. He told her it was more likely than ever. Followup meetings with the government got underway. Undertakings to apologize and make other legislative changes called for in the "Just Society Report" were made by the Prime Minister's Office — but months went by with no concrete action. Elliott and others were losing patience. After another meeting with a determined Roy, Elliott told her, "The only way this could be done, if at all, would have to be a class action like we did in Hislop," the 2007 Supreme Court of Canada case that extended Canada Pension Plan spousal pension benefits to same-sex survivors. "I saw how a class action could really be a powerful tool for LGBT folks. Because so often, it's lonely individuals, it's not always the Michelle Douglases, that glorious test case. It's people trying to get their pension, trying to solve the problem in their own workplace," says Elliott. For 30 years, Roy had been looking for someone to take the gamble with her and launch a legal fight. "You needed someone who really believed," she says. "With [Elliott], it was beyond being gay, beyond being a lawyer." Buoyed by the conciliatory attitude of the Trudeau govern- ment, armed with the outcome of the 2010 SCC case Vancouver (City) v. Ward, which allowed for damage awards for Charter breaches, and with a sense that the only way to "goose" the feds into real action was through the courts, Elliott and his firm Cambridge LLP geared up to file a nationwide class action. They © 2018 Thomson Reuters Canada Limited 00251KU-91326-NP Practical insight and advice on regulatory offences Order # L7798-8605-65203 $225 Hardcover approx. 400 pages June 2018 978-0-7798-8605-0 Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. New Edition Regulatory Offences in Canada: Liability and Defences, Second Edition John Swaigen and Susan McRory Master the unique problems that arise in defending public welfare law with the Regulatory Offences in Canada: Liability and Defences, Second Edition. Take advantage of the insights from two leading trial lawyers, who have more than 50 years of combined experience. This reliable resource is packed with valuable, useful advice on how to effectively navigate the complex world where regulatory, criminal, and environmental law intersect. Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800

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