Ottawa is trying to have a lawsuit by a group of disabled veterans tossed out. The British Columbia Supreme Court refused, but the government is now appealing the case to the B.C. Court of Appeal.
Six disabled veterans, united under the banner of the Equitas Society, hope to strike down the government’s decision to replace lifelong pensions for injured soldiers with one-time payments.
They allege this breaches the sacred obligation to care for veterans wounded in the line of duty, which has been articulated as far back as the First World War.
The government will make its arguments Wednesday, but in written submissions has argued that “these statements were political speeches not intended as commitments or solemn commitments.”
Ottawa acknowledged references to such an obligation in a 1998 report from the House of Commons Defence Committee but denies they are “an articulation of any alleged social contract with the attributes pleaded by the plaintiffs.”
The six veterans in question were all involved in the Afghanistan conflict and hope to attain class action status for their case.
Their dispute is tied to the New Veterans Charter passed by Parliament in 2005 and enacted in 2006. One change was that disability awards would be paid in a lump sum rather than over a lifetime.
Some veterans argue this substantially reduces the amount of money they would receive.
Dennis Manuge of Musquodoboit Harbour, who is not one of the six people in this case but would likely fall under a broader class-action suit, left the military in 2003 due to a back injury.
At first he says he received between $800 and $1,000 per month. Once the new Veterans Charter was passed, he says that was replaced with a one-time lump payment of $80,000 — the value of less than seven years’ worth of his monthly payments.
Manuge said the lump-sum payment may work for some veterans, such as those who are near retirement or already financially secure. But many veterans newly out of the military struggle with addictions to drinking, drugs and gambling, he said.
“It’s downright dangerous in some cases,” said Manuge.
“We’ve all heard about cases where the money’s blown very quickly, and that’s the end of their pain and suffering payment.”
The federal government counters that disability payments are only one part of a suite of possible supports for veterans who leave the Canadian Armed Forces. Veterans may still be eligible for other forms of monthly support.
Veterans say the New Veterans Charter inserts an obligation to support veterans under the Charter of Rights and Freedoms. Ottawa rejects this.
The government argues that the veterans’ views that their compensation is insufficient “cannot be said to amount to a deprivation.”
What it all comes down to, says the government, is money. “What the plaintiffs seek is to increase the amount of benefits they are entitled to receive; they do not seek to eliminate a deprivation,” says the federal filing.
After the government makes its arguments Wednesday, the veterans will respond on Thursday.
Manuge helped spearhead a separate lawsuit against the government over decades of clawed-back military pensions. That suit was ultimately settled, with $900 million to be paid out to thousands of veterans.
Original Article
Source: thechronicleherald.ca/
Author: PAUL MCLEOD
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