If a criminal in Canada has the right to an expedient trial under the Canadian Charter does a veteran not also have a right to an expedient disability application decision?

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If a criminal in Canada has the right to an expedient trial under the Canadian Charter does a veteran not also have a right to an expedient disability application decision?

Post by Rubicon on Sun 19 Mar 2017, 14:33

I am referring to the following on-line story:

http://www.msn.com/en-ca/news/canada/how-an-invented-supreme-court-ruling-has-rocked-the-canadian-justice-system/ar-BBymhYM?li=AAggNb9

wherein and I quote from the article on the Supreme Court of Canada that;

"They implemented new so-called “numerical ceilings” after calling out what they described as a “culture of complacency” in the Canadian justice system.
The five judges found that the period between an accused person’s arrest and the anticipated conclusion of their trial in provincial court should not exceed 18 months, and should not go over 30 months in Superior Court, which handles the most serious crimes such as murder.
Once those ceilings have been breached, the delay is considered “presumptively unreasonable” and the case is tossed unless the Crown can prove there are exceptional circumstances, such as the complexity of the case. Delay caused by the defence does not count in the calculation.
Already, dozens of cases in Ontario alone have been stayed under the Jordan framework, with the public becoming particularly familiar with the name when an Ottawa judge threw out a first-degree murder charge against ex-soldier Adam Picard, who was accused of killing 28-year-old Fouad Nayel, after it took four years to bring his case to trial."

Are we veterans not facing a similar "culture of complacency" in Veterans Affairs Canada and is this delay not "presumptively unreasonable" in rendering a disability application decision? If a criminal in Canada has Charter Rights to expedient justice under section 11(b) of the Charter, does a veteran not have Charter Rights to a reasonable amount of wait time under section 15 based upon physical disability for a disability application decision to be rendered? And if so, what is that reasonable timeframe. I refuse to accept the current wait time(s) and I'm pi$$ed at the 3 application suspension decisions that have been rendered on my 3 cases in the last month after waiting over a year for a decision on each. Does anyone know if a veteran has challenged the wait time(s) under the Charter in the past? I'm thinking it is high time we do and I'm game to be the guinea pig. If the Charter can protect a "guilty" criminal and let a criminal walk free, then it damned well better start protecting veterans!

Rubicon
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Number of posts : 7
Age : 57
Location : Ontario
Registration date : 2017-03-16

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Re: If a criminal in Canada has the right to an expedient trial under the Canadian Charter does a veteran not also have a right to an expedient disability application decision?

Post by Guest on Sun 19 Mar 2017, 15:55

Long wait times for applications have been embedded into the VAC system forever. Every once in awhile they go public and state they are taking action to reduce wait times by hiring more staff. This does help, but only for a short period of time. These people that work for VAC be it, in applications, vrab, ect... they all know if they start giving the benefit of doubt, start actually acting on what is written by the physicians, they will work themselves out of a job. Think about it, how many times have you heard of a disabled Veteran getting passed through for approval in their very first application, this with all the evidence required. It took me years to get what I was entitled to from VAC, I made sure at each and every stage I had everything in place that was required for my applications. This left me scratching my head more than once, it also aggravated my conditions. Now I understand how the system works, it works to benefit those who are responsible for approving your applications. Take a hard look around at what Veterans are up against in their quest to obtain benefits, it is really despicable to see and hear what these Veterans have to go through to be approved for benefits. Yes, they will eventually be approved, but at what cost to their health and well being? They will for the most part need to fight like hell, and go through hell to finally get that approval. So in my opinion, as I said many times before, you can hire all the staff you want, but this will only solve the problem for a short period of time, once the dust settles, back to square one again.

Rubicon,

Regarding you being the guinea pig to challenge the wait times, I can't tell you what to do, but what I can say is that going public against these groups that surrounds VAC can have a negative affect on your personal file, (maybe.)
You need to know this before making your decision, we have members of this forum that can attest to this.






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Re: If a criminal in Canada has the right to an expedient trial under the Canadian Charter does a veteran not also have a right to an expedient disability application decision?

Post by Rubicon on Sun 19 Mar 2017, 16:38

Thanks for the reply Trooper. While "nothing is certain except death and taxes", I don't accept the old adage "it is what it is" when it comes to VAC's shortcomings and I really could give a sh!t less if I ever get another dime out them. That being said, I do expect to be treated fairly and expediently when it comes to my disability applications and informed in a timely manner concerning my active disability claims. Not being told until a year has passed that there is paperwork missing when I know my application is due for a medical board decision is unreasonable period and I would also contend irresponsible and probably intentional. If I can affect change in that regard I will consider it a win. VAC treatment is one of a list of reasons I no longer endorse the military for anyone considering it as a career.

Rubicon
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Number of posts : 7
Age : 57
Location : Ontario
Registration date : 2017-03-16

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