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

[Teager]

An update from the media.

http://www.cbc.ca/news/canada/british-columbia/story/2013/05/08/bc-class-action-soldiers-veterans-affairs.html

 

[Szczep]

Thanks Teager for that info and link.
There should be more people joining that case.

 

[Teager]

It has to be deemed a class action by the courts first from what I understand. Once the courts give the green light then more veterans can join.

 

[ArmyGuy99]

Update:

Next court date is July 22nd or there about, still doing preliminary dancing around stuff, the gov't is going to try and get it all thrown out.  Although, our lawyers are confident.

I will be posting updates here as I get them from the lawyers.

 

[ArmyGuy99]

The Gov't has responded;

http://equitassociety.ca/wp-content/uploads/2013/06/Equitas-Society-June-2013-Update-Newsletter.pdf


Not very nice of them either

 

[Teager]

This is just a tactic to delay the process. If its not striked down then there forced to respond immediatley. I'm willing to bet that there arguments are going to be pretty weak and we'll be granted a class action suit.

 

[Nemo888]

“The Defendant submits that none of the claims asserted by the Representative Plaintiffs constitutes a reasonable claim, that the claims are frivolous or vexatious, and accordingly that they should be struck out in their entirety.”

You would think they were deliberately trying to get us upset. My response cannot be printed here. I expect this will be like the equal pay suit all over again.

The next time your CO sends you into harms way tell him his orders are frivolous and vexatious. Unlimited liability is a one way street it seems.

 

[George Wallace]

“The Plaintiffs allege that the amounts they received under their claims are inadequate
and substandard. They allege that the provisions of the legislation treat some disabled
veterans less generously than the formerly applicable provisions of the Pension Act,
(“the former legislation”) and that the provisions of the legislation do not accord with the
heads of damages or amount of damages which Superior Courts or provincial Workers
Compensation legislation might award for “analogous personal injuries”.”

Here is a "good idea faerie" question:  With the Government making such drastic cuts to the Public Civil Service, would this not indicate that the complete dismissal and dismantling the Dept of Veterans Affairs as being a redundant and useless organization, more fittingly replaced by a Federal Workman's Compensation Board?  If all claims going to VAC are initially refused "on principal", what is the use of them, other than adding more stress to the lives of injured Service members?

 

[The Bread Guy]

The Gov't has responded;

http://equitassociety.ca/wp-content/uploads/2013/06/Equitas-Society-June-2013-Update-Newsletter.pdf


Not very nice of them either

And this is, in part, why the lawyers get sooooo much money when the litigation gets settled ....

 

[BlueJays1985]

Good Luck to anyone, and everyone participating in this fight. I will email my MP now. And again tomorrow. And again the next day.
This is awful.

Keep your head up

 

[Teager]

Here is the response to the plaintiffs argument. Court will continue on July 22-24 2013

http://equitassociety.ca/?page_id=1006

 

[Wookilar]

I'm certainly no lawyer, but it seems to me that they have taken a very logical view of how to disagree with the Crown's allegations that the suit is "vexatious." (boy didn't that response cheese me off)

 

[Teager]

The latest media update.

Chris Lane, CTV British Columbia
Published Monday, July 22, 2013 6:06PM PDT
Last Updated Monday, July 22, 2013 6:11PM PDT
The federal government is asking a BC Supreme Court judge to strike down a class-action lawsuit filed by six war veterans over disability compensation.

The disabled veterans are challenging a pension program introduced in 2006, which the soldiers say violates their human rights with insufficient and arbitrary disability payments.

Veteran pensions previously fell under the Pension Act, before the New Veterans Charter was signed off seven years ago to establish more veteran-specific regulations.

Related Stories
Afghanistan war vets file class-action suit against federal government Kevin Berry, one of the plaintiffs named in the lawsuit, contends that the benefits are 40 to 90 per cent worse under the new rules, and are weaker than provincial compensation plans.

The federal government argues the soldiers’ concerns should not be dealt with by the courts. They say the veterans should lobby MPs instead to change the legislation.

“They’re telling us that you can’t sue us because you’re veterans, you’re not entitled to equal compensation because you’re veterans,” said Berry.

“We’re not going to stand for that.”

Jim Scott, whose son Daniel is another one of the six disabled soldiers in the class-action suit, said the court case will determine what power soldiers have to negotiate their pensions.

“What we’re here to do today is to establish whether soldiers have fundamental rights under the Charter … and whether the government owes them a duty of care,” said Scott.

The court hearing will continue Tuesday and Wednesday.



Read more: http://bc.ctvnews.ca/veterans-suing-government-over-disability-pensions-1.1378991#ixzz2ZyQqSkaR

 

[Teager]

Here is a site that tells how the first day of court went on July 22nd 2013. This is probably going to piss a lot of people off considering one of the points says "The crown also argued that Canada has no obligations to provide any benefits to Veterans."

See link for more details.

http://canadianveteran011.blogspot.ca/2013/07/veterans-suing-government-over.html

 

[Kat Stevens]

Just...wow.  You're welcome, Canada.  There needs to be a week long CAF version of "blue flu", shut the whole thing down.

 

[Teager]

Its funny how we sign a contract of unlimited liability and even fight in defence of the crown. Now the crown is simply washing its hands of us and is now trying to defend itself from us. I never thought I would see the day where the government in court would actualy say they don't owe veterans anything. This has to be one of the biggest kicks in the pants for any serving member past, present, and future not to mention a major blow to moral.

It begs the question that if the government doesn't have our back at all why do we have theres? I totally agree with Kat shut the whole thing down for a week.

 

[OldSolduer]

Just...wow.  You're welcome, Canada.  There needs to be a week long CAF version of "blue flu", shut the whole thing down.

Our elected representatives need to step up and tell the PM to stop this. Of course, the MPs won't - we all know they are  pretty  much whipped puppies and will do whatever they are told to do.

If it comes to pass that the Government of Canada owes us nothing and the courts affirm this, I see two COAs for me:

1. Resign effective immediately. Wait for one day post release, then blast the people of Canada, who are in fact the government, for letting this happen; or

2. Stay and attempt to make I better for younger ones.

 

[George Wallace]

Our elected representatives need to step up and tell the PM to stop this. Of course, the MPs won't - we all know they are  pretty  much whipped puppies and will do whatever they are told to do.

If it comes to pass that the Government of Canada owes us nothing and the courts affirm this, I see two COAs for me:

So true.  They don't give a damn about the CAF, RCMP, Public Servants, nor John Q Public.  They do give a damn if it affects their pockets.

Case in point:  Senate passed the Bill bringing in the GST, only after they amended it  to give themselves "GST Exempt" cards (like Treaty Cards).  Now this is the BS that we live with. 

 

[OldSolduer]

Very hypocritical of the government, whatever party is in power.

I am very saddened by the attitude that " oh by the way that 'social contract' thing we talked about? Well we really don't have to follow it, and besides, you should have saved some money while you were serving because we have NONE FOR YOU NOW. And don't you all have families that can take care of you? Ok, by by til the next time we need some suckers.....I mean soldiers"

What is it going to take? Maybe the CDS resigning and making a statement that this COA the government is pursuing is unacceptable?

Do not hold your breath.

This is not the Canada I know. The Canada I know is not perfect, but at least that Canada attempts to help.

 

[PMedMoe]

Case in point:  Senate passed the Bill bringing in the GST, only after they amended it  to give themselves "GST Exempt" cards (like Treaty Cards). 

Don't forget the Federal government's discount on alcohol in Ontario: LCBO’s new ‘simplified pricing formula’ gives diplomats, federal government 49% discount on booze