Havana Syndrome: Former SCC Judge Helps Settle Claim

Former Supreme Court Justice Thomas Cromwell will mediate federal claims from nine family members of a Canadian diplomat who contracted an unexplained illness in Cuba.

The development was filed by diplomats and dependents (currently 18 plaintiffs) seeking millions of dollars in damages from the Canadian government after they became mysteriously ill while stationed in Havana in 2019. It’s a step toward resolving some elements of the federal court case.

Since 2017, they have reported headaches, memory loss, difficulty concentrating, cognitive and visual problems, noise sensitivity, dizziness, nausea, sleep disturbances, mood changes, and nosebleeds.

As of July last year, Global Affairs Canada said 15 Canadians had a confirmed diagnosis of “acquired brain injury.”

The parties have agreed to appoint Cromwell, who has served eight years on the Supreme Court, as mediator for a conference to be held in late February or early March next year.

The move follows direction from a federal court in early October regarding next steps.

In a statement to the Canadian Press, plaintiffs’ co-counsel Paul Miller and John Phillips said in a statement to the Canadian Press about the claims of seven children and two spouses who suffered traumatic brain injuries while in Cuba. He said he was grateful that the government had agreed to proceed with mediation.

“Our family has waited a long time for this issue to be resolved. They continue to suffer from injuries sustained during their stay in Cuba that directly affect their lives, their children, their childhood and their education. It has a significant and significant impact,” said Miller and Phillips.

“We expect the government to come to the negotiating table with meaningful proposals and urge the government to expand the mediation to include the full replacement of the government personnel who were seriously injured in Havana. ”

Diplomats say the Canadian government failed to protect them, withheld important information and downplayed the seriousness of the risks.The government denies wrongdoing and negligence.

Studies in Canada and the United States have failed to pinpoint the cause of many of the diseases, with theories ranging from targeted sonic attacks by enemies to pesticide spraying.

Global Affairs Canada declined to answer specific questions regarding the planned arbitration.

The ministry said in an email that it maintains strict security protocols to respond immediately to unusual events and health conditions affecting Canadian diplomats.

“Global Affairs Canada continues to monitor the health and safety of our diplomats stationed in Havana, and we continue to investigate all potential causes of unknown health conditions. Privacy and security reasons. , we are unable to comment on the details of the ongoing investigation, nor on specific security measures, nor on individual cases.”

The ministry said it would not comment further given that the matter was in court.

Several U.S. personnel who worked in Cuba have reported similar health problems, commonly known as Havana syndrome. has been reported.

Last October, Global Affairs issued a message to all staff worldwide outlining how to report symptoms and concerns.

The RCMP and the Canadian Security Intelligence Service sent similar messages to staff, the agency said.

This report by the Canadian Press was first published on November 11, 2022.