Hudson v Her Majesty the Queen

What is the claim about?

Murphy Battista LLP is counsel in a proposed class action against the Government of Canada on behalf of women who faced gender-based harassment and discrimination while employed at Correctional Services Canada (“CSC”).

The defendant, the Government of Canada, operates and has control over CSC and, as a result this relationship, the claim alleges that the Government of Canada is vicariously liable for the acts or omissions of CSC management and employees. The claim alleges that the Government of Canada, and CSC managers and employees, were negligent in failing to ensure that female CSC employees could work in an environment free of gender-based harassment and discrimination, in creating an environment which encouraged or fostered silence in the face of gender-based harassment, discrimination and abuse, and in failing to investigate or report abuse or misconduct of a sexual nature to law enforcement agencies after such conduct was reported by female CSC employees after it became known, or should have become known, by the defendant and/or by CSC management. The claim alleges that the conduct breached CSC employees’ rights to security of the person and rights to be free from discrimination on the basis of sex. The claim alleges that the harassment, discrimination, and abuse was systemic, occurred over several decades, and that it took place in CSC workplaces throughout Canada.

The claim seeks damages for the injuries that the plaintiffs and Class Members have suffered as a result of the gender harassment and discrimination in their workplace and the failure of CSC and Canada to rectify the toxic work environment.

Click to view a copy of the Statement of Claim

Click to view a copy of the Amended Statement of Claim

Who does it affect?

The claim is made on behalf of a class of all persons who:

  • are female or identify as female; and
  • are current or former employees of Correctional Services Canada.

The claim also seeks compensation for those who have a derivative claim arising from a family relationship with a female current and former CSC employee.

Questions about Class Membership or this Class Action?

Please email us at [email protected] and we will help you.

How does a class action work?

A “class action” is a claim filed by an individual who proposes to represent all other similarly affected individuals (the “class”). The individual claimant asks the court to appoint them as the representative of the class in pursuing their claim and the members of the class benefit from the claim pursued by the representative plaintiff. In other words, if the representative plaintiff succeeds, the members of the class succeed. A representative plaintiff, and their lawyers, must be certified by the Court as the “representative plaintiff’ and “class counsel.” Once appointed the members of the class receive notice, as approved by the Court, of certification of the class claim.

Who are the lawyers?

This class action is being pursued by a team of lawyers at Murphy Battista LLP, led by Angela Bespflug and Janelle O’Connor.

Angela and Janelle were counsel in Tiller et al. v HMTQ, in which they obtained an estimated $100 million dollar settlement for women who faced gender-based harassment and discrimination while working and volunteering with the RCMP.

Lead counsel, Angela Bespflug, has extensive experience as class counsel in large-scale, national class actions. She has achieved settlements for class members in excess of $800 million and has been recognized by the Federal Court of Canada as a leading practitioner in the field. Angela was named one of the Top 25 Most Influential Lawyers of 2020 by Canadian Lawyer.

Current Status

A certification hearing is this matter will take place in the Federal Court from January 31 to February 2, 2022. Check back here for updates.

What can I do?

If you are a class member who experienced gender-based harassment and discrimination, please contact us by submitting the information requested in the Form Tab at the top of this page.

Someone from our office will contact you and you will be added to our database for this class action so that we can keep you apprised of major developments.

How do I contact Murphy Battista?

For information about this class action you can:

Email  [email protected]

or

Call Murphy Battista’s Vancouver office at (604) 683-9621 and ask to speak to a member of the legal team handling the Correctional Services Canada Class Action. Reception will transfer your call to someone who can help you.

 

Form

Correctional Services Canada Gender Harassment Class Action

  • Personal information that you provide to us for the purpose of determining your possible involvement in the class action will be treated as private and is protected by lawyer-client privilege.

    Read our privacy policy for more information on how we handle client personal information. Please fill out the online form below and someone from our office will contact you to go through your details.

    You can use the "Save and Continue Later" option (at the bottom of the page) if you need to finish filling it out at another time.

    Alternatively, download a fillable PDF form, fill it out using a PDF reader software such as Adobe Acrobat Reader and email it to [email protected] with the subject line: Correctional Services Canada Class Action.

    Please note you will need an internet connection to submit the form.





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