The BC Court of Appeal has struck 91Ƶin its entirety91Ƶ a claim that sought to restore compensation for injured servicemen and women to pre-New Veterans Charter levels.
In rendering the decision 91Ƶ which stemmed from court action launched by White Rock-based Equitas Society in 2012 91Ƶ appeal-court judges emphasized it was not a determination on 91Ƶwhether the government is providing adequate compensation to members of the armed forces who are injured in the course of their duties.91Ƶ
Noting 91Ƶconsiderable sympathy91Ƶ for the plaintiffs, the decision 91Ƶ announced Monday morning 91Ƶ is also 91Ƶnot directed to the wisdom of legislation,91Ƶ the judgment states.
91ƵWe 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.91Ƶ
Equitas Society brought a challenging the New Veterans Charter forward in 2012. Created in 2006, the charter replaced veterans91Ƶ lifelong pensions with lump-sum settlements 91Ƶ 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 week91Ƶs decision, appeal court judges concluded 91ƵCanada has constitutional authority to enact and administer the compensation scheme.91Ƶ
However, judges disagreed with arguments that the plaintiffs were 91Ƶan analogous group for the purposes of this lawsuit,91Ƶ and that Section 7 of the Charter of Rights and Freedoms serves generally 91Ƶto impose positive obligations on governments.91Ƶ
Equitas president Marc Burchell told Peace Arch News following the news conference that he was initially 91Ƶvery surprised91Ƶ by the decision, but now 91ƵI understand where they91Ƶre coming from.91Ƶ
91ƵThey made a decision based on what is existing law,91Ƶ Burchell said. 91ƵThe court really puts it back into the hands of parliamentarians (to) actually pass law.91Ƶ
Don Sorocan, lead counsel for Equitas, said no decisions on next steps have been made 91Ƶ including whether to seek leave to appeal to the Supreme Court of Canada.
Such an appeal 91Ƶis not something that should be decided on a moment91Ƶs notice,91Ƶ he told the news conference.
However, the case does illustrate issues of national importance, he said. Those include a determination on whether the 91Ƶhonour of the Crown91Ƶ should apply outside of any aboriginal context.
91ƵCrown91Ƶs lawyers argued there is no such thing as a social covenant,91Ƶ Sorocan said. 91ƵThe court of appeal has accepted that.91Ƶ
The fight to reinstate the compensation was , 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 in October to raise awareness of the issue, and Burchell said such steps will continue.
91ƵOur role as advocates and lobbyists simply escalates,91Ƶ he told PAN.
91ƵIt91Ƶs far from over. It91Ƶs actually the beginning of the next chapter.91Ƶ