Court Notification

View previous topic View next topic Go down

Court Notification

Post by teentitan on Mon 01 Dec 2014, 16:56

The legal action between disabled soldiers and the Government of

Canada (re: The New Veterans Charter) continues in the B.C. Court of Appeal on Wednesday & Thursday, December 3rd & 4th at 10:00 a.m.

Courtroom #61, 400 - 800 Hornby Street: Justices Groberman, Harris & Willcock

 This B.C. Court of Appeal proceeding was initiated by the Federal Government as it seeks to overturn a B.C. Supreme Court judgment favouring the disabled veterans.

 The Disabled (Representative) Plaintiffs are from the Afghanistan conflict and are seeking a 'Class Action' status court proceeding in order to benefit all members with claims under the New Veterans Charter (NVC).

 The Representative Plaintiffs cite a 'sacred obligation' or 'social covenant' between Canadians - through their Government, arising from the Honour of the Crown - and those who voluntarily accept going into harms' way on behalf of Canada. The Government of Canada through its lawyers is expected to oppose that position during the court hearing.

 Attendance of interested parties is welcome.

FOR FURTHER INFORMATION PLEASE CONTACT:

Don Sorochan, Q.C. [Miller Thomson LLP, Vancouver] ~ 604-643-1214

Media enquiries: Gerry Lenoski, EQUITAS 604-813-1762

Equitas Disabled Soldiers Funding Society: 526 – 15216 North Bluff Road, White Rock, BC, V4B 0A7
avatar
teentitan
CSAT Member

Number of posts : 3225
Location : ontario
Registration date : 2008-09-19

Back to top Go down

Re: Court Notification

Post by Trooper on Wed 03 Dec 2014, 16:50

Gov't lawyers push to have lawsuit by Afghan veterans tossed out

VANCOUVER -- A federal government lawyer is asking B.C.'s highest court to throw out a class-action lawsuit by Canadian Forces members injured in Afghanistan who say they've been stripped of benefits.

The Attorney General of Canada is appealing a B.C. Supreme Court decision from September 2013 that ruled the lawsuit could proceed for the soldiers who say the new compensation regime is unfair.

Current and former members contend the new Veterans Charter is unconstitutional, and they don't like that the lifetime disability pension for disabled soldiers is being replaced with lump-sum payments.

A government lawyer is disputing the soldiers' claims that a "social covenant" exists between the public and government that ultimately means a duty is owed to the soldiers based on the "honour of the Crown."

Paul Vickery, a lawyer for the attorney general, told the court the government acknowledges the suffering and that veterans deserve respect, but noted the new regime was approved by a unanimous vote of Parliament.

One of the plaintiffs, retired major Mark Campbell, lost his legs in a 2008 Taliban ambush and says he believes the government is trying to save a buck on the backs of veterans.

Read more: http://www.ctvnews.ca/canada/gov-t-lawyers-push-to-have-lawsuit-by-afghan-veterans-tossed-out-1.2131341#ixzz3KsH6hfWD



avatar
Trooper
CSAT Member

Number of posts : 4987
Location : New Brunswick
Registration date : 2013-02-18

Back to top Go down

Re: Court Notification

Post by teentitan on Wed 03 Dec 2014, 17:24

Well doesn't this seem familiar...
avatar
teentitan
CSAT Member

Number of posts : 3225
Location : ontario
Registration date : 2008-09-19

Back to top Go down

Re: Court Notification

Post by Guest on Wed 03 Dec 2014, 20:07

yuuuup

propat

Guest
Guest


Back to top Go down

Re: Court Notification

Post by bigrex on Thu 04 Dec 2014, 18:19

I think that the judge will ignore the argument about the NVC passing in the HoC. Just because they tried to switch to a lump sum model, does not mean that is what has to remain. It has been proven to be contentious among Veterans, and lacking in comparison to the PA. So the very arguments used to justify the NVC when it was being approved, about how it can be changed, once deficiencies are identified through application, was just more government rhetoric. The Tories knew that the initial years of the NVC were going to cost more, due to our involvement in Afghanistan, with several hundred claims being received annually, but once we were out of a combat situation, that number would drop significantly, and therefor, so would the required payouts. Where as monthly pensions, would only require a growing financial requirement every year, due to indexing and influx of additional clients.

So say that the average NVC award is $40000, if in the first few years, VAC approves 500 claims per year, that would be roughly $20 million/year under the disability compensation budget. But now that we are no longer dodging bullets on a daily basis, the number of approved claims drops to 100 per year, or $4 million per year. but since you have been budgeting for $20 million for several years, that extra $16 million in unspent money will now be shuffled back to the Treasury Board, as "lapsed funds", just so the Tories can maintain the illusion of sound fiscal management and balanced budgets.
avatar
bigrex
CSAT Member

Number of posts : 3054
Location : Halifax, Nova Scotia
Registration date : 2008-09-18

Back to top Go down

Re: Court Notification

Post by Trooper on Thu 04 Dec 2014, 18:30

Agreed.

avatar
Trooper
CSAT Member

Number of posts : 4987
Location : New Brunswick
Registration date : 2013-02-18

Back to top Go down

Re: Court Notification

Post by Trooper on Thu 04 Dec 2014, 18:36

Opposition blasts Fantino as disabled vets head to court over military pensions

Veterans Affairs Minister Julian Fantino continued to face heat in the House of Commons on Thursday, as opposition parties blasted the federal government for denying a military pension for veterans disabled in Afghanistan.

Lawyers for the federal government were in British Columbia’s highest court this week to launch an appeal following a court approval of a class-action lawsuit by seven soldiers who were disabled during the mission overseas.

The plaintiffs are attempting to sue the government for changes to the Canadian Forces compensation rules. The Attorney General of Canada wants the lawsuit thrown out.

During question period on Thursday, opposition parties said the appeal shows that veterans can’t trust the Conservatives to have their best interests at heart.

“Why are the Conservatives blaming the veterans for having believed their promises,” NDP House Leader Peter Julian said.

Liberal MP Joyce Murray called out Fantino to explain why one of the plaintiffs in the class-action, Mark Campbell, is being denied his pension. Campbell, a retired Canadian Forces major, lost both his legs during an ambush in Afghanistan.

“Could the minister please tell this House which democratic principles would be violated by providing this brave veteran, a double amputee, with his pension,” Murray said.

Fantino declined to comment directly on the lawsuit, saying it is before the courts.

“The government does not comment before the court, except to say that this matter deals with something all parties agreed to under the previous government,” Fantino said. “And Mr. Speaker, it was the Liberal government that initiated much of what today, is in debate.”

Fantino was referring to the New Veterans Charter, which is at the heart of the class action lawsuit. The plaintiffs claim that the charter, which was approved unanimously in Parliament in 2005, is unconstitutional and violates the Charter of Rights of Freedoms. In particular, military members are angry that the lifetime disability pension is now provided in the form of lump-sum payments.

Calls continued to grow for Fantino to be fired or resign on Thursday, as opposition parties also hammered the minister over staffing and funding cuts within his ministry.

Fantino responded by attacking the NDP’s record. The minister said he could cite many times when the Opposition party voted against various bills that the Conservatives had put forth to improve the lives of veterans and their families.

“The irony of all of this, I can rhyme off a litany of issues that the party opposite has not supported all of which have gone to help support our veterans and programs and services for them and their families,” Fantino said.

Read more: http://www.ctvnews.ca/politics/opposition-blasts-fantino-as-disabled-vets-head-to-court-over-military-pensions-1.2133336#ixzz3KyYCkXVu




avatar
Trooper
CSAT Member

Number of posts : 4987
Location : New Brunswick
Registration date : 2013-02-18

Back to top Go down

Re: Court Notification

Post by Guest on Mon 08 Dec 2014, 15:38

This article is about a Canadian soldier who served in Afghanistan  and was gravely injured both in the field and then in time by an unfair decision previously made by GoC  with a marginal lump sum payment for his injuries and suffering.  

It’s odd to think of Daniel Scott as a veteran. He’s 28, boyish and soft-spoken. He grew up in Surrey.

But he was in B.C. Court of Appeal on Thursday with a group of other veterans doing battle with the Conservative government. The feds were on the counter-attack.

The veterans are suing Ottawa to restore a program that guaranteed lifetime disability payments for injured soldiers. The B.C. Supreme Court reaffirmed the group’s right to sue earlier, but the Conservative government is appealing. It wants the original ruling tossed.

A judgment is not expected until next year. In the meantime, as illustration of the veterans’ case, it might be instructive if we look at Scott’s wartime experience and, even more damaging, at what came after.

In 2010, Scott, a reservist with the artillery, was on his second tour of duty in Afghanistan.

On Feb. 10 of that year, he and his platoon were at a firing range in Kandahar for a training session. Claymore mines were to be set off as part of the training session. The mines, however, had been improperly prepared, and one of them went off at close range. It detonated a second mine.

Scott tried to leap behind an armoured vehicle, but not before trying to help another member of the platoon take cover.

He was hit eight times by the mine’s metal ball projectiles. Five hit his body armour — two on the collar, two on the chest, one glancing off the shoulder. One passed through the fabric of the arm of his shirt, missing his flesh. One hit him square in his belt buckle, which saved him, he said, from a gut wound and death.

But the eighth ball pierced his body armour. It entered underneath his heart, and ricocheted downward off a rib. It fractured the rib, collapsed his left lung, and damaged his kidney, spleen and pancreas. The explosions critically wounded one other platoon member — the soldier Scott was trying to help take cover — and left three others with less-severe wounds.

Luckily for Scott, there was a U.S. helicopter nearby. He was immediately airlifted to Kandahar for emergency surgery. Scott was conscious during the flight, and held the hand of the other critically wounded soldier he had tried to help, who was a friend. His friend died enroute.

Scott lost 1.5 litres of blood. At the Kandahar airfield hospital, surgeons made a 28-centimetre incision in his abdomen and removed his left kidney, his spleen and the tail of his pancreas. They inserted tubes into his chest for his lung injury and tubes into his abdomen to drain the fluids leaking out of the remaining portion of his pancreas.

After his surgery, he was airlifted to the Bagram Air Base and then flown to Ramstein, Germany, where he underwent more surgery. He was later flown to Vancouver, admitted into the burns and plastics unit at Vancouver General Hospital, and there would have the ball that wounded him removed from his abdomen. When he began to experience pancreatic burn, a shunt was inserted into his abdomen to drain the enzymes leaking into his stomach. He was released from hospital on March 2, but was readmitted two days later when he developed an abdominal staph infection. He was put on intravenous antibiotics.

In all, he underwent six operations, was two months in hospital recuperating, and lost 25 kilograms in weight. Only this year, he said, has he begun to feel physically “normal.”
He was in the hospital, he said, when he found out what he would receive from the government for his injuries. Under a new law, it would not be a monthly lifetime disability payment, but a one-time lump sum pro-rated depending on the government’s assessment of the extent of his injuries.

He was not prepared for what came next.

For the loss of his spleen, his left kidney, and a portion of his pancreas, and for a collapsed lung, a gastric ulcer and a fractured rib — not to mention his pain and suffering, his reduced quality of life, and the possibility in the future he might develop diabetes because of the damage to his pancreas — the government cut him a cheque of $41,411.96.

He didn’t cash it, he said, for six months.

“I thought something else was coming. I thought it was the initial payment. Then my dad (said), ‘Well, I think that’s it. You might as well take it to the bank and put it in there.’”

For serving his country, for acting as an agent for his government’s foreign policy, and for suffering excruciating pain and injury caused, not by the enemy, but by the forces of the government he was representing, Scott walked away with less money than he might have received in an ICBC injury claim.

“We went over there on behalf of Canada,” Scott said, “and they sent us there, and then the impression was they turned their backs on us when we got back.”

Did he feel betrayed by his own government?

“I would say yes,” he said.

So would I.



http : // ww w.vancouversun.com/Pete+McMartin+Unfriendly+fire+against+veterans/10444814/story.html

Guest
Guest


Back to top Go down

Re: Court Notification

Post by Trooper on Mon 08 Dec 2014, 18:13

The Ideal outcome of this would be that the Government fails in seeking to have the overturn of this B.C. Supreme Court judgment, and have the Law suit go forward, and the Veterans win, and win big.

After the win, plaster it in the media, from coast to coast, and keep sending that signal that if going to court is the only way that Veterans can be heard, so be it.
avatar
Trooper
CSAT Member

Number of posts : 4987
Location : New Brunswick
Registration date : 2013-02-18

Back to top Go down

Re: Court Notification

Post by pinger on Mon 08 Dec 2014, 18:32

Thanks for posting Sparrow,

Your link had a typo here's the corrected one... http://www.vancouversun.com/opinion/columnists/Pete+McMartin+Unfriendly+fire+against+veterans/10444814/story.html

pinger.
avatar
pinger
CSAT Member

Number of posts : 1170
Location : Facebook-less
Registration date : 2014-03-04

Back to top Go down

View previous topic View next topic Back to top

- Similar topics

 
Permissions in this forum:
You cannot reply to topics in this forum