Aaron Bedard is one of the plaintiffs in the Equitas Society’s class-action lawsuit. (File photo)

Court strikes injured veterans’ disability pensions claim

Equitas fight ‘far from over’

The BC Court of Appeal has struck “in its entirety” a claim that sought to restore compensation for injured servicemen and women to pre-New Veterans Charter levels.

In rendering the decision – which stemmed from court action launched by White Rock-based Equitas Society in 2012 – appeal-court judges emphasized it was not a determination on “whether the government is providing adequate compensation to members of the armed forces who are injured in the course of their duties.”

Noting “considerable sympathy” for the plaintiffs, the decision – announced Monday morning – is also “not directed to the wisdom of legislation,” the judgment states.

“We have tremendous respect and admiration for the plaintiffs. All right-thinking Canadians would agree that they should be provided with adequate disability benefits. If that is not occurring, it is a national embarrassment. Again, however, that is not the issue the court is deciding. Rather, the question before the court is whether an arguable case can be advanced that the Canadian Parliament lacks authority to enact legislation fixing and limiting compensation.”

Equitas Society brought a class-action lawsuit challenging the New Veterans Charter forward in 2012. Created in 2006, the charter replaced veterans’ lifelong pensions with lump-sum settlements – a change that resulted in a 40 per cent reduction in financial compensation, Mark Campbell, a retired major, told a news conference held at the Vancouver office of Miller Thomson Law Monday afternoon.

In this week’s decision, appeal court judges concluded “Canada has constitutional authority to enact and administer the compensation scheme.”

However, judges disagreed with arguments that the plaintiffs were “an analogous group for the purposes of this lawsuit,” and that Section 7 of the Charter of Rights and Freedoms serves generally “to impose positive obligations on governments.”

Equitas president Marc Burchell told Peace Arch News following the news conference that he was initially “very surprised” by the decision, but now “I understand where they’re coming from.”

“They made a decision based on what is existing law,” Burchell said. “The court really puts it back into the hands of parliamentarians (to) actually pass law.”

Don Sorocan, lead counsel for Equitas, said no decisions on next steps have been made – including whether to seek leave to appeal to the Supreme Court of Canada.

Such an appeal “is not something that should be decided on a moment’s notice,” he told the news conference.

However, the case does illustrate issues of national importance, he said. Those include a determination on whether the “honour of the Crown” should apply outside of any aboriginal context.

“Crown’s lawyers argued there is no such thing as a social covenant,” Sorocan said. “The court of appeal has accepted that.”

The fight to reinstate the compensation was led by South Surrey father Jim Scott, whose son, Dan, was injured during his second tour of duty in Afghanistan, during a training session with claymore mines in February 2010. He lost his spleen, a kidney and suffered a collapsed lung.

According to court documents filed in 2012, the soldier received a lump-sum payment of $41,411.96.

Equitas held a rally in October to raise awareness of the issue, and Burchell said such steps will continue.

“Our role as advocates and lobbyists simply escalates,” he told PAN.

“It’s far from over. It’s actually the beginning of the next chapter.”

Just Posted

COLUMN: Art Matters by Sarah Zimmerman

This Christmas, shop for local gifts

City of Terrace says it’s ready to tackle winter weather

A new snow plow was added to the city’s snow removal fleet this year

CN Rail workers strike in Terrace as part of national movement

Employees say long, unpredictable hours are a public safety concern

Skeena Voices | The top wheeler

Skater Chris Thomas was chosen as Team Canada’s head coach for the upcoming Roller Derby World Cup

Fashion Fridays: Holiday outfits on a budget

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

NHL honours B.C. athlete and grandmother’s ‘fight’ against cancer

Shea Theodore’s grandmother Kay Darlington dropped the puck at a special ‘Hockey Fights Cancer’ game

University of Victoria threatens any athletes who speak about rowing coach probe

Barney Williams has been accused of harassment and abuse

B.C.’s largest catholic archdiocese names 9 clergymen in sex abuse report; probes ongoing

Vancouver Archdioces presides over 443,000 parishoners in B.C.

Smudging in B.C. classroom did not affect Christian family’s faith, says school district lawyer

Lawyers make closing arguments in a Port Alberni case about the Indigenous cultural practice

Canadian Forces member charged with possessing magic mushrooms in Comox

Master Cpl. Joshua Alexander, with the 407 Maritime Patrol Squadron, facing two drug related charges

Most B.C. residents, including those hit by 2018 storms, not prepared for outages: report

Create an emergency kit, BC Hydro says, and report all outages or downed lines

Study finds microplastics in all remote Arctic beluga whales tested

Lead author Rhiannon Moore says she wasn’t expecting to see so many microplastics so far north

Services needed in B.C. for early-onset Alzheimer’s disease patients: doctor, advocates

More patients are being diagnosed with Alzheimer’s at an earlier age

Most Read