Class Action Suit against NVC & "Govt has no obligation to soldiers"

[Teager]

Here is the latest. Don't know what this means in terms of the lawsuit.

http://equitassociety.ca/EQUITAS%20COMMENDS%20PARLIAMENTARIANS%20FOR%20UNANIMOUS%20RESOLUTION%20SUPPORTING_%20CANADIAN%20VETERANS.pdf

 

[Teager]

Lawsuit is still in talks but a bit of an update.

NDP’s motion helps veterans’ suit against Ottawa, lawyer says
GLORIA GALLOWAY
OTTAWA — The Globe and Mail
Published Thursday, May. 14 2015, 10:46 AM EDT
Last updated Thursday, May. 14 2015, 10:59 AM EDT

An opposition motion endorsed by the Conservatives that recognizes Canada’s obligations to retired members of the military provides additional ammunition to a suit brought against the government by disabled veterans, their lawyer says.

The motion introduced by New Democrat MP Fin Donnelly says there is a “covenant of moral, social, legal, and fiduciary obligation” between Canadians and past and present members of the Canadian Forces who have been injured or killed during their military service. It goes on to say that the government is obligated to provide “equitable financial compensation and support services” to current and former members of the military and their dependants.
 
Although the Conservatives supported Mr. Donnelly’s motion in a vote on Tuesday night, the government has taken a different position in defending the lawsuit brought by a group of disabled modern-day veterans who say the New Veterans Charter leaves them poorly compensated compared with those who fought in the two world wars and Korea.

Federal lawyers have argued that the suit before B.C.’s Supreme Court should be dropped because, among other things, the government has no special legal obligation to soldiers. When the court rejected that argument, the government appealed.

The case is on hold, at least until the end of month, while the veterans and the government try to reach a settlement out of court. The abeyance period could be extended if the talks are moving forward.

But, if the case resumes and government presses ahead with its appeal, Don Sorochan, the lawyer for the veterans who are at the centre of the lawsuit, said a unanimous vote of the House to Commons that says the government does have an obligation to veterans would bolster his arguments.

“I would probably apply to re-argue the appeal on the basis of the change of government position,” Mr. Sorochan said.

He said he would also point to a “purpose clause” contained in recent legislation called Bill C-58 that was introduced by Veterans Affairs Minister Erin O’Toole to improve the payouts to disabled new veterans. It says the government has an obligation to show due appreciation for military service to Canada by providing services, assistance and compensation to members of the Forces and veterans who have been injured or families of those who have died in the line of duty.

“That, plus the unanimous vote in the House of Commons of NDP MP Fin Donnelly’s motion are welcomed as encouraging,” said Mr. Sorochan, who has waived his fees to help the veterans. He said he believes the lawyers who are arguing against the case brought by his clients may be out of step with the current position of the Conservative government.

Mr. O’Toole told a Commons committee this week he thinks the purpose clause in the bill goes further than the NDP motion to acknowledge the obligation that Canada has to its veterans.

When Mr. Donnelly asked Mr. O’Toole at that committee whether he would instruct the government lawyers to negotiate a settlement, the minister did not offer a direct response. He instead pointed to the improvements to the veterans’ compensation package that are included in his legislation.

“I sincerely hope that they see Bill C-58 as progress,” replied Mr. O’Toole, “that they see our purpose statement, and our fulfilment of the obligation that they’ve talked about as to be a very positive step.”

But Mr. Sorochan said the measures taken by the government to improve compensation for modern-day veterans are not sufficient to end the court action. They “are good steps towards resolving difficulties,” he said, “but they don’t go far enough to justify dropping the lawsuit.”

http://www.theglobeandmail.com/news/politics/ndps-motion-helps-veterans-suit-against-ottawa-lawyer-says/article24434834/

 

[Teager]

Everything is on hold until May 2016. Could possibly be over.

 
Veterans injured in Canada’s modern wars say they’re willing to wait until after the next election to see if a new government of any stripe is willing to improve their benefits and make their class-action lawsuit unnecessary.

The stand came Monday after B.C. Appeal Court Justice Harvey Groberman rejected a bid by lawyers for veterans and the federal government to scrap a federal appeal of a lower court ruling that rejected the government application to strike down the lawsuit.

Instead, Justice Groberman suspended the proceedings to May, 2016, expressing concerns about issues in the case not being argued out in court.

Responding to the ruling, Major Mark Campbell, who lost both legs in a Taliban attack, said he could not see the merit of pressuring the federal government with the federal election looming.

“With Parliament about to be dissolved, nothing substantive is going to come about anyhow. There aren’t going to be any more substantive bills or substantive changes possible between now and the outcome of the federal election,” the 50-year-old Edmonton resident said in an interview.

Mr. Campbell was among six named plaintiffs who launched the suit against the federal government, taking issue with reforms to Canadian Forces compensation for members of the armed forces injured before 2006.

They have been concerned about changes to replace a lifetime disability pension for disabled soldiers with lump-sum payments.

“I am prepared to roll with the punches,” he said of Monday’s development. “Am I surprised? No. Am I disappointed? Not necessarily. I believe that the right outcome is going to derive from everything that we’re going through right now.”

Jim Scott, the father of the lead plaintiff among six in the case, said it’s difficult to move forward without knowing which party will be governing Canada after the election.

“We really have to wait until there’s more clarity in government,” he said in an interview.

Mr. Scott said he and supporters have been talking to all major national parties. He said he has been briefed on the yet-to-be released Liberal Party platform for veterans, but only on the condition he does not disclose it.

Asked for comments, the Liberals issued a brief statement from veterans affairs critic Frank Valeriote: “The Conservatives have repeatedly demonstrated where they stand on veterans’ issues – typically in a courtroom fighting against veterans.”

The official opposition NDP, asked about Monday’s developments, noted in a statement that its policies heading into the fall election include an end to fighting legal battles against veterans, reopening veterans affairs offices closed by the federal Conservative government and an overhaul to the veterans charter that would include addressing such issues as career transition, death benefits and education assistance.

Mr. Scott said he could not comment on the NDP platform.

Outside the court in Vancouver, lawyer Don Sorochan, acting for the veterans, said he and counsel for the federal government arrived ready to abandon a federal appeal that had been argued in December.

Mr. Sorochan said Defence Minister Erin O’Toole, appointed in January, had reached out to see if the issue could be resolved in the public interest, leading to extensive discussions with the government and other political parties.

He said the parties concluded the best next step would be to take the appeal off the table. With that option now eliminated, he said some of the onus now goes to Canada’s major political parties.

“I want the political parties to start into an auction of how much they are going to do for veterans,” he said. “We’ll have nice, competitive bidding to see who can outdo each other to do good things for veterans.”

Federal lawyer Lori Rasmussen also told reporters that the Crown was ready to abandon its appeal, but the court obviously had a “bigger picture” to consider.

“The upshot of today’s outcome is that it allows the parties to proceed on their chosen path, which is a collaborative effort to resolve these matters to everybody’s satisfaction.”

http://www.theglobeandmail.com/news/british-columbia/veterans-lawsuit-against-feds-on-hold-until-after-election/article24724714/

 

[Moe Litia]

Remember the last decade when you vote this fall.

 

[PuckChaser]

Remember the last decade when you vote this fall.

And then compare it to the decade before and make the right choice. You're going to be sadly disappointed when the Liberals and NDP don't need to use veterans to score points in the media anymore.

 

[George Wallace]

How soon they forget.  Then again, some of them never knew to begin with; such as this latest "Post and Run".  Guess who just made the WATCH LIST got BANNED (AGAIN) for TROLLING the site?

 

[The Bread Guy]

Everything is on hold until May 2016. Could possibly be over.

http://www.theglobeandmail.com/news/british-columbia/veterans-lawsuit-against-feds-on-hold-until-after-election/article24724714/

• 6 Jul 2015:  "The federal government has abandoned its high-profile appeal to the Supreme Court on overseas spying by the Canadian Security Intelligence Service ...."
• 22 Sept 2015:  "Manitoba First Nation leaders say they're pleased to hear that a court battle with the federal government over Kapyong Barracks, a hotly contested piece of real estate in Winnipeg, could soon be over.  During a campaign stop in Winnipeg on Tuesday, Conservative Leader Stephen Harper said the government will not appeal the latest decision from the the Federal Court of Appeal, which upheld an earlier ruling that said Ottawa had failed to consult four First Nations about the future development of the former military site ...."

Good to see some court actions are over ....

 

[Teager]

The stand came Monday after B.C. Appeal Court Justice Harvey Groberman rejected a bid by lawyers for veterans and the federal government to scrap a federal appeal of a lower court ruling that rejected the government application to strike down the lawsuit.

Instead, Justice Groberman suspended the proceedings to May, 2016, expressing concerns about issues in the case not being argued out in court.

Does this mean the government could not scrap there appeal even though they wanted too and arguments still need to be made in court?

 

[The Bread Guy]

Does this mean the government could not scrap there appeal even though they wanted too and arguments still need to be made in court?

I stand to be corrected by any LLB's on the boards, but I believe that if one side or another wanted to withdraw from/walk away from/drop (don't know the exact legal lingo) the litigation, they could. 

 

[The Bread Guy]

• 6 Jul 2015:  "The federal government has abandoned its high-profile appeal to the Supreme Court on overseas spying by the Canadian Security Intelligence Service ...."
• 22 Sept 2015:  "Manitoba First Nation leaders say they're pleased to hear that a court battle with the federal government over Kapyong Barracks, a hotly contested piece of real estate in Winnipeg, could soon be over.  During a campaign stop in Winnipeg on Tuesday, Conservative Leader Stephen Harper said the government will not appeal the latest decision from the the Federal Court of Appeal, which upheld an earlier ruling that said Ottawa had failed to consult four First Nations about the future development of the former military site ...."

Good to see some court actions are over ....

One more court action shut down, this one by the new government:  "Today, the Government of Canada announced that it will not pursue its appeal in the case of The Attorney General of Canada and the Minister of Citizenship and Immigration v. Canadian Doctors for Refugee Care et al.The case involves changes made in 2012 to the Interim Federal Health Program (IFHP) for refugees, refugee claimants and claimants who were denied refugee status ..."

 

[The Bread Guy]

• 6 Jul 2015:  "The federal government has abandoned its high-profile appeal to the Supreme Court on overseas spying by the Canadian Security Intelligence Service ...."
• 22 Sept 2015:  "Manitoba First Nation leaders say they're pleased to hear that a court battle with the federal government over Kapyong Barracks, a hotly contested piece of real estate in Winnipeg, could soon be over.  During a campaign stop in Winnipeg on Tuesday, Conservative Leader Stephen Harper said the government will not appeal the latest decision from the the Federal Court of Appeal, which upheld an earlier ruling that said Ottawa had failed to consult four First Nations about the future development of the former military site ...."

Good to see some court actions are over ....

One more court action shut down, this one by the new government:  "Today, the Government of Canada announced that it will not pursue its appeal in the case of The Attorney General of Canada and the Minister of Citizenship and Immigration v. Canadian Doctors for Refugee Care et al.The case involves changes made in 2012 to the Interim Federal Health Program (IFHP) for refugees, refugee claimants and claimants who were denied refugee status ..."

MORE litigation thrown out:  "The Liberal government says it won't fight to preserve Conservative government rule changes that made it impossible for some rejected refugee claimants to pursue appeals.  A Federal Court ruled in July that it was unconstitutional for the Conservatives to strip the right of appeal for refugee applicants from a list of countries the government deemed to be "safe." ..."
Still nothing on the veterans' class action suit, though ...  :crickets:

 

[PuckChaser]

Nothing on the HEA lawsuit as well. Don't get a better approval rating by helping soldiers out veterans.

 

[TCM621]

Nothing on the HEA lawsuit as well. Don't get a better approval rating by helping soldiers out veterans.

Anyone else notice that we didn't get an annual Xmas message from the PM (or MND for that matter)? We did get one thanking everyone who helped with the Refugees though.

 

[PuckChaser]

Anyone else notice that we didn't get an annual Xmas message from the PM (or MND for that matter)? We did get one thanking everyone who helped with the Refugees though.

That was his Christmas message. MND was absent.

 

[Rifleman62]

Mods will move if this is posted in wrong topic.

Update: Nothing concrete, just a "news" release stating intent.

http://www.ottawasun.com/2016/01/20/injured-veterans-to-get-pay-payment-choice

Injured veterans to get pay payment choice

LEE BERTHIAUME, POSTMEDIA NETWORK

FIRST POSTED: WEDNESDAY, JANUARY 20, 2016 07:42 PM EST | UPDATED: WEDNESDAY, JANUARY 20, 2016 07:50 PM EST


OTTAWA - Canada’s injured ex-soldiers will get to choose lump-sum payments or a lifetime pension when they leave the military, Veterans Affairs Minister Kent Hehr says.

“We made commitments to our veterans to offer the lump-sum or lifetime-pension option,” Hehr said. “We are putting my department through the paces of coming up with real, viable plans to allow veterans that choice, to allow them to make a clear decision (by) understanding the financial ramifications.”

Many veterans had become upset with the former Conservative government for the decision to close nine Veterans Affairs offices, lay off hundreds of frontline staff, and do away with disability pensions.

“We campaigned on doing better,” said Hehr. “We courted Canadians’ vote on that commitment, and I have an aggressive mandate letter from Prime Minister (Justin) Trudeau outlining those responsibilities.”

These include reintroducing the lifetime pensions that were abolished when the Conservatives implemented the New Veterans Charter, which replaced pensions with a lump-sum payment for injuries and career training.

Many modern-day veterans blasted it as unfair, saying the lump sums offered less support than the previous system.

During the election, the Liberals promised to reintroduce lifelong pensions as an option for those injured while in uniform. But they also promised to increase training opportunities and top up the salaries of those who pursue a civilian career.

“We’re going to be implementing those options for men and women who served in the military to go back to school to complete a four-year degree or go to a trade school if they’d like to build their lives, should that be an option they wish to pursue,” he said.

“So we want to put together a package that works for veterans that understand financial-making decisions and how to get veterans a clear choice as to what’s going to be best for them and their families going forward.”

The Liberal platform budgeted $325 million this year, and $1.25 billion over the next four years, in extra spending on veterans’ issues. But that plan was drawn up before the slumping price of oil and the sagging dollar began wreaking havoc on the economy.

Asked whether the government can still afford to move on all its promises, including reintroducing the pensions, Hehr said he stands by its promise to support those who have served in uniform “with care, compassion and respect.”

Hehr said the government has hired about 150 of a planned 400 new employees to make up for the cuts at Veterans Affairs. He did not say when the pensions would be reintroduced.

lberthiaume@postmedia.com

 

[PuckChaser]

We already have that option, Minister Hehr. Its the monetary value of that "lifetime pension" that is the issue. $50k over a lifetime monthly is still peanuts.

 

[Teager]

We already have that option, Minister Hehr. Its the monetary value of that "lifetime pension" that is the issue. $50k over a lifetime monthly is still peanuts.

It's hard if he's talking about spreading the lump sum out for your life as a pension or if he is saying pension as in under the old system? Or some sort of completely new pension? Also what about those with a lump sum that want a pension? You could be right PuckChaser although I hope not.

 

[PuckChaser]

I would hope they'll restore the lifetime system that we had under the old pension act, but this news release is just a rehash of the minister directive issued months ago. They must have been concerned Minister Hehr was out of the press too long.

 

[Teager]

According to the Ministers FB page he says the Ottawa Sun has jumped the gun on this and there is still a lot of work to be done. I wish media outlets would wait till everything is in place as this is going to frustrate some vets thinking VAC has made changes when they haven't.

 

[The Bread Guy]

According to the Ministers FB page he says the Ottawa Sun has jumped the gun on this and there is still a lot of work to be done. I wish media outlets would wait till everything is in place as this is going to frustrate some vets thinking VAC has made changes when they haven't.

Appreciate the frustration, but it seems pretty clear to me - from the posted article ...

... “We made commitments to our veterans to offer the lump-sum or lifetime-pension option,” Hehr said. “We are putting my department through the paces of coming up with real, viable plans to allow veterans that choice, to allow them to make a clear decision (by) understanding the financial ramifications.” ...

Working on =/= done.