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

BC’s history with railways in new book

Iron Road West contains 500 historical illustrations.

No answers on death of Jessica Patrick two months later

The RCMP and coroner has still not stated a cause of death.

Northern First Nations partnership reshaping government’s approach to reconciliation

Kaska, Tahltan and Tlingit First Nations share Premier’s Award for Innovation with ministry

Champion BVCS bumps competition

Bulkley Valley Christian School jumping for joy after winning the boy’s Grade 7-8 volleyball zones.

Tahltan First Nation to finally return home after wildfire

Roughly $12 million has been spent making the community livable again after the 1,180-square-kilometre blaze destroyed 21 homes

Six students arrested, charged in sex assault probe at Toronto all-boys school

The school’s principal, Greg Reeves, described the video of the alleged sexual assault as ‘horrific’

$50k fine and community service for Vancouver Island tax evader

David Gonyea was given a nine-month conditional sentence

B.C. fire chief learns from California fires

Chief Travis Whiting and Kelowna Fire Department learn from the devasting U.S. fires

1st Indigenous woman to start Canadian airline looks to B.C.’s remote regions

Teara Fraser is the first Indigenous woman in Canada to start her own airline, called Iskwew Air

Prosecutors appeal B.C. cops’ acquittal of sex assault charges in Cuba

Port Moody’ Const. Jordan Long and Vancouver’s Const. Mark Simms were acquitted last week

Examine ‘monstrous’ allegations of forced sterilization of Indigenous women: NDP

The issue of forced sterilizations will also be raised at the UN Committee Against Torture

Canada Post ‘cooling off’ period won’t resolve postal dispute, says CUPW

CUPW national president Mike Palecek says the union isn’t holding rotating strikes to harm the public

Calgary city council votes to shut down bid for 2026 Winter Games

More than half of those who went to the polls voted ‘no’ to bidding for the games

Union offers support following B.C. mine death

Death of B.C. mine worker described as a wake up call for industry

Most Read