There are two important legal documents that guide and direct the work of the LGBT Purge Fund:
The Final Settlement Agreement (“FSA”)
The FSA is a legal document that sets out the terms of the legal settlement between the government of Canada and the class action lawsuit members relating to the discriminatory period known as the “LGBT Purge”.
The formal name of the lawsuit is: Todd Edward Ross, Martine Roy and Alida Satalic and Her Majesty the Queen.
The FSA was approved by a judge from the Federal Court of Canada on Mach 28, 2018. The judge’s order made the terms of the settlement final. Then, on June 15, 2019, the court also approved a supplementary agreement to the original FSA.
The FSA is a very long and comprehensive document (that is why we are summarizing it briefly). It does many things, including setting out exactly who is eligible to be a member of the class action lawsuit as well as details of the compensation available to members of the class action lawsuit.
The FSA also provides information and direction on work to be done towards “reconciliation and memorialization measures”. This work is now being carried out by the not-for-profit corporation known as the LGBT Purge Fund (Le Fonds Purge LGBT).
It is always important to consult the FSA directly to see its precise terms. It is a very comprehensive legal settlement. This summary above is simply provided to give the reader a sense of what is contained in the FSA and related agreements.
The First Supplementary Agreement
The First Supplementary Agreement (First SA) relates to the main Final Settlement Agreement. The First SA was approved by the Court in June 2018 and provides additional details on the operations of the reconciliation and memorialization fund (now known as the LGBT Purge Fund). The First SA also provides additional details about the work and processes to be followed by the class action Administrator (Deloitte LLP) and by the Assessor (the Honourable Marie Deschamps). The First SA also tells you how much the Administrator and Assessor will be paid for their work (i.e. the fee structure).
The Second Supplementary Agreement
In March 2019, the lawyers (Cambridge LLP) representing members of the class action lawsuit went back to court to seek approval of the “Second Supplementary Agreement” (“SSA”).
The SSA is a legal agreement that sets out, among other things, details regarding the operations and procedures of the LGBT Purge Fund.
For example, it provides details of the powers and duties of the LGBT Purge Fund. The SSA describes how the LGBT Purge Fund is to be structured.
The SSA requires the LGBT Purge Fund to have our financial statements audited on an annual basis and then to submit them to the Court and to the government. It also requires the LGBT Purge Fund to provide other details of our finances to the government and the Court and to make that information available to class members at no charge upon request.
The SSA provides the LGBT Purge Fund with important direction regarding the management of the funds that we hold (between $15,000,00and $25,000,000) and gives us direction on how we are to pay for our operating expenses.
The SSA also provides clear direction to the LGBT Purge Fund on how we are to work with the Canadian Museum of Human Rights (exhibition project) as well as with Heritage Canada (monument project), among other things.
The SSA should always be consulted and relied upon for specific details that have been summarized in this section.