The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/1033679
w w w . c a n a d i a n l a w y e r m a g . c o m O C T O B E R 2 0 1 8 35 Elliott. "I don't think there's ever been a settlement like this before. It covered every government department over a 40-year period. . . . It is the most multi-faceted, most complex settlement, I think, against the Canadian government ever. And one of the reasons I think it's one of the best is because it has all of these features that you wouldn't get if you went to trial." From the start, class members needed recognition of the injustice they suffered. Non-monetary components such as indi- vidual apologies, including to the families of purge victims who had passed away, as well as education and memorialization were integral. "We want the lessons to be learned, not to forget," says Roy. "The Crown was very co-operative on the soft measures." The final agreement reflects that with class members including Roy, Douglas and Pitre participating or leading the committees putting the agreements into action. The settlement and approval hearing T he (almost) final legal hurdle was the settlement and approval hearing, held before St-Louis in Ottawa in June. It's one thing doing cases on behalf of share- holders or for defective products, notes Garth Myers of Koskie Minsky, "but this case really touched sort of the inner- most part of people's heart and dealt with traumas that were so extremely personal and overpowering for class members. . . . And that really came out on settlement approval where we heard people's stories about the profound effect that the purge had on their lives in terms of psychological health, employment and rela- tionship with their country." For the DoJ's Mohr, the most poignant moment was when "one of the class members concluded her remarks by saying that she felt that with the settlement justice had been done. I think hearing those words, it was fair to say that everyone on our legal team was really affected by that and proud to have been part of the team that negotiated and finalized the settlement." There were unexpected moments even for Elliott who'd been working on the case for years. There were the heightened emo- tions, but "then I heard stories that I did not expect," such as the colonel who found herself one night sitting on her bed putting bullets into her gun because she was so distraught. Another one started with the usual tale of a soldier being picked up in an undercover K-car and taken to a shed to be interrogated, except this time he was shackled and the SIU officers sexually assaulted him. "I couldn't believe that this guy would have the courage to talk about that in open court." At the end of the day, Elliott thanked St-Louis for allowing all that had taken place. He says she got "verklempt and she said, 'C'est le moindre de chose,' it was the least I could do." Gail Cohen is a Journalist in Residence at Osgoode Hall Law School. The ideal courtroom companion Available risk-free for 30 days Online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Print + ProView eBook Order # L7798-8638BE-65203 $128 Softcover + eBook approx. 670 pages July 2018 L7798-8638BE ProView eBook only Order # A08207-18ON-65203 $107 Print only Order # L7798-8638-65203 $107 Annual volumes supplied on standing order subscription Multiple copy discounts available Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Find clear, concise summaries of legal issues from bail to sentencing with Mack's Criminal Law Trial Book – 2018 Edition. Sheer breadth of coverage and expert organization make Mack's an indispensable resource at every stage of trial. Experience the benefits • Get convenient access to fast answers when you need them most – in court • Be prepared to confidently support your arguments and effectively counter your opponents' tactics • Learn how to avoid or mitigate common pitfalls • Stay up to date with the latest developments on criminal law issues Access ProView eBook version through your web browser, or download to your computer, tablet, or smartphone. Visit store.thomsonreuters.ca/proview to learn more and to see the complete list of available titles. New Edition Mack's Criminal Law Trial Book – 2018 Edition Dallas Mack © 2018 Thomson Reuters Canada Limited 00252WD-93318-NP Now also available as an eBook on Thomson Reuters ProView®