Afghanistan war vets file class-action suit against federal government

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Afghanistan war vets file class-action suit against federal government

Post by puddleduk2 on Tue 30 Oct 2012, 21:05

By Dene Moore, The Canadian PressOctober 30, 2012 7:40 PM

VANCOUVER - A group of Afghanistan war veterans has filed a class-action lawsuit against the federal government, saying the disability payment regime under the New Veterans Charter violates their human rights.

The lawsuit filed in B.C. Supreme Court on Tuesday claims disability payments are decided arbitrarily and aren't enough to support soldiers who have been injured.

"There's no other group of people who can be ordered to put their life on the line for their country," said Don Sorochan, the Vancouver lawyer representing six current and former soldiers named in the suit.

In return, there is a social covenant between those men and women and the citizens of this country to take care of them if they are injured, he said.

"It's a promise by us, as the people of Canada, that we will look after those who put their lives on the line for us and who put their bodies on the line for us..............

as found online, "Ottawa Citizen"
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Re: Afghanistan war vets file class-action suit against federal government

Post by Guest on Tue 30 Oct 2012, 21:16

Harper better hold his wallet, there's no way he will voluntary change the nvc . Too much money, hes already cutting 2billion from DND budget. I think this lawsuit is a good idea but its going to be awhile maybe 10 years before this thing is before a court

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Re: Afghanistan war vets file class-action suit against federal government

Post by Guest on Tue 30 Oct 2012, 21:32

i wonder if, when the goc started this war against vets, they figured we would not fight back.good for these guys sounds like itll be a good fight.
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Re: Afghanistan war vets file class-action suit against federal government

Post by redfisher on Tue 30 Oct 2012, 21:37

Take the money from the Federal MP's pension fund and give it to the soldiers. Make the MP's have to work for 20-25 years before they are actually eligable for a pension. If there are any shady backdoor deals or general lies from the MP's they forfeit their pensions. Also take away the privilegde of geting Candada Pension when they are 65. Or at least reduce their MP pension dollar for dollar from the Canada Pension. Or if they are injured calculate their injury and give them a lump sum depending on the percentage some arbitrary person gives them at VAC.
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Re: Afghanistan war vets file class-action suit against federal government

Post by nemo on Wed 31 Oct 2012, 00:09

And MP's pensions are indexed at 10% EVERY year. Sweet deal.

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Re: Afghanistan war vets file class-action suit against federal government

Post by redfisher on Wed 31 Oct 2012, 00:18

nemo are you serious? That is highway robbery! Too bad we could not vote in people who CAN make good choices for the benefit of our nation. And not the ones who make financial choices that keeps them in expensive shoes for the rest of their lives. I am wearing holes in mine now and can't afford to buy a decent pair let alone my kids. Morally there should be only one standard for all Canadians but hey I was only a soldier, what do I know?
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Re: Afghanistan war vets file class-action suit against federal government

Post by nemo on Wed 31 Oct 2012, 00:38

Oh....my brain bad.....I had read 10% but now looking at it again - it referred to something else. But I believe their pensions are still indexed more than the govt rate. AND their pensions are NOT clawed back when they start collecting CPP. Our service pensions are clawed back at age 65 (even if you do not have any CPP left to collect) or before if one starts collecting CPP(D)

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Re: Afghanistan war vets file class-action suit against federal government

Post by Guest on Wed 31 Oct 2012, 06:22

yes nemo im on cppd and my pention is being clawed back becouse of that.
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Re: Afghanistan war vets file class-action suit against federal government

Post by grosgig on Wed 31 Oct 2012, 07:04

I think, they have made a good move, i play myself to just calculate if they are at 100%
NVC=293,308.42 Lump sum
Old VC= 2,547.42

293,308.42/ 2,547.47 = 115 month or 9.5 years and after ............... a big 0.

maybe if they put the money in a good financial house ( rates are better than banks ) maybe they may go 11 years but................. with the 2008 financial crash.............. putting to much money in financial placement hold me a little bit.

So i hope they can go with their class action........... they deserve better..........

I will be there too because i am in the both world old VC and new NVC

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Re: Afghanistan war vets file class-action suit against federal government

Post by puddleduk2 on Wed 31 Oct 2012, 08:08

This new law suit will not be in the gov't best interests come this next federal election (2015).

Two fold, as both this suit and the new one will be held against them.
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Re: Afghanistan war vets file class-action suit against federal government

Post by georges dumont on Wed 31 Oct 2012, 08:43

Grosgig your dead on the mater, our law suit is for making things right, we payed for that insurance and they ow us. The new vet's get more than nothing plus nothing. Never figured out the gov made that move, if they wanted to save money I have very bad news for them.

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Re: Afghanistan war vets file class-action suit against federal government

Post by bigrex on Wed 31 Oct 2012, 09:24

Even if this case is won (I think it will, but it will be a long battle) and monthly pensions are reintroduced, they won't be able to phase out other programs under the NVC, like the PIA and ELB, or remove them from those currently collecting them, or they'll open themselves up to even more discrimination lawsuits.

One thing I did see in the Statement of Claim that will really help or hinder this case (depending on your POV) is the fact that the Pension act was included in the military TOS when people joined, and therefor, the government had a legal contractual obligation to administer the Pension Act for anyone that joined prior to 2006, regardless of when they were injured.For those that joined after 2006, it is a matter of Moral Obligation to provide a monthly pension for disabilities.
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Re: Afghanistan war vets file class-action suit against federal government

Post by georges dumont on Wed 31 Oct 2012, 11:41

Good point bigrex, in other words they are legally getting sc--d.

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Re: Afghanistan war vets file class-action suit against federal government

Post by teentitan on Wed 31 Oct 2012, 11:56

You may be right Rex but the way I see this whole NVC/PA situation is this way...

VAC is the militaries Workmans Compensation Program (WCP). That said it's been 6 years since the NVC came into effect yet not one province has even considered changing their WCP to match the NVC.

Why not?


Easy...not one provincial government is arrogant enough to put a definitive price tag on an injury like the NVC does.

Imagine if Ontario WCP did this and everyone who had a claim in que right now was given a lump sum, pat on the head and shuffled out the door. The Ontario Supremem court would be slammed with lawsuits.

That's the best way I can wrap my head around why the NVC payment system is WRONG!

Hey guys quick question this topic should be in the Equitas thread. So I would like to move it to that thread to encourage some visitors who are on the NVC to drop by and maybe contribute.
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Re: Afghanistan war vets file class-action suit against federal government

Post by Guest on Wed 31 Oct 2012, 12:43

I hope that these VETS get this whole mess sorted out and some one actually see's what that NVC actually did to all vets. I just wonder if the GOC will see why VAC took this road in the first place. We know why and it is all about paying some one a monthly entitlement. I hope that they take into consideration that if this Charter is deemed unacceptable then what Charter will they use. It is obvious that the Old Charter had problems as well and that the NVC in my opinion was enlisted due to the heavy offset caused by SISIP. Now with the SISIP Class Action winning its case where will the GOC turn to. Will us old vets under the old charter be able to address the compensation methods used under the NVC to assist our wounded vets. This is going to be a long drawn out process and my heart goes out to my boys who had to agree to the NVC.

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