Judge says Afghanistan veterans can continue lawsuit against federal government - Macleans.ca
 

Judge says Afghanistan veterans can continue lawsuit against federal government


 

VANCOUVER – A B.C. Supreme Court justice says current and former members of the Canadian Forces who were injured in Afghanistan can continue their class-action lawsuit against the federal government.

The lawsuit was filed last fall, with plaintiffs arguing the new Veterans Charter and the changes it brings to the compensation regime for members of the Canadian Forces violate the constitution and the Charter of Rights and Freedoms.

Lawyers for the Attorney General of Canada asked the court to throw out the case, arguing it had no chance of success and was not the appropriate way for the veterans to express their concerns.

Justice Gordon Weatherill dismissed the federal government’s application on Friday, but also threw out three smaller arguments made by the veterans.

“This action is about promises the Canadian government made to men and women injured in service to their country and whether it is obliged to fulfil those promises,” he said.

Weatherill struck an argument made by the veterans that they have been unlawfully deprived of their property rights without due process of law and contrary to the United Nations’ Universal Declaration of Human Rights.

Weatherill also struck arguments that Parliament had not scrutinized a set of rules known as the Table of Disabilities and Instructions and that the Crown owed the veterans a duty of care consistent with the social covenant.

None of the allegations have been proven in court, and the Attorney General of Canada has yet to file its response to the veterans’ lawsuit.

The new Veterans Charter eliminated the lifetime disability pension for disabled soldiers and replaced it with lump-sum payments.

The veterans argue the disability payments for injured soldiers pale in comparison to awards handed out for worker’s compensation claims and by civil courts for far lesser injuries in motor vehicle accidents or personal injury.

The lawsuit they filed said each received a pension and other compensation from the Department of Veterans Affairs, including lump sum payments ranging from $41,000 to nearly $261,000.

The veterans include Daniel Christopher Scott, Mark Douglas Campbell, Gavin Michael, David Flett, Kevin Albert Matthew Berry, Bradley Darren Quast and Aaron Michael Bedard.

Campbell is a 32-year veteran of the Canadian Forces who served in Cyprus, Bosnia and Afghanistan.

In June 2008, Campbell, of the Edmonton-based Princess Patricia’s Canadian Light Infantry, was struck by an improvised explosive device and Taliban ambush.

He lost both legs above the knee, one testicle, suffered numerous lacerations and a ruptured eardrum. He has since been diagnosed with depressive disorder and post-traumatic stress disorder.

Campbell received a lump sum payment for pain and suffering of $260,000. He will receive his military pension, with an earnings loss benefit and a permanent impairment allowance but he is entirely unable to work and will suffer a net earnings loss due to his injuries, the lawsuit claims.

Another plaintiff soldier suffered severe injuries to his leg and foot in the blast that killed Canadian journalist Michelle Lang and four soldiers. He was awarded $200,000 in total payments for pain and suffering and post-traumatic stress.


 

Judge says Afghanistan veterans can continue lawsuit against federal government

  1. A difficult discussion due to the respect we all have for the soldiers and the perceptional problems associated with large sums of money. I would assume the primary goal and responsibility of the Canadian government is to provide care and employment to our injured soldiers.

    I would think the confusion most Canadians have is around what the lump sum payment is for? Does the government continue to provide extended medical coverage, do they have job security in the form of retraining for a job in another area of military or government, as well as financial assistance to help them with the equipment they will need to continue living their lives.

    I am an outsider looking in on the military career choice, I would be interested to hear what actively deployed soldiers expect and what they believe they have been promised, if they get injured.

  2. I am a retired soldier, when we sign up we know that we can be killed or injured, That is known as “Unlimited liability” in return we expect that our families will not suffer because we are gone or if we are disabled we will be taken care of. The worst that is happening now is that we have to fight our own government to get wheelchairs, or wheelchair ramps, rehab. We lose our jobs and we have to fight for medical care, assistance and help.

  3. Possible Nazi Base on Canadian soil

    Twelve and a half years ago I drove down into what appeared to be a base underneath Oak Hammock Marsh Manitoba Canada , I completely forgot the experience until reading a report on underground Nazi bases 8 months ago (The Omega Files), I then used Google Earth to view Oak Hammock Marsh and the surrounding areas, I found numerous irregularities including: a flying saucer that appears to be broke down in the mud, two saucers with adaptive camo and what appears to be their landing vehicles nearby them, a landing area that appears to be marked with two swastikas and protected by 2 anti-aircraft weapons, a wormhole in a backyard neighboring Oak Hammock Marsh and a large white/silver tank 100 feet North of that wormhole. Since remembering driving down into what appeared to be a base and finding these irregularities using Google Earth I have not stopped making this known, in my opinion anything less would be committing treason against Canada. These images and links are posted on my Facebook account which is open to the public. In my photo album named Possible Nazi base on Canadian soil I have included images taken from previous satellite imaging of Oak Hammock Marsh (Google Earth Pro) so it is possible to see what is normally in those areas.

    Link to Possible Nazi base on Canadian soil Facebook photo album.
    https://www.facebook.com/media/set/?set=a.631329920225024.1073741834.100000440659439&type=1

    Links to Google Earth showing parts of a possible Nazi base on Canadian soil

    Landing area marked with 2 swastikas and protected by 2 anti-aircraft weapons, west 400 feet is adaptive camo saucer, distortion around edges of saucer is visible.

    http://maps.google.ca/maps?hl=en&ll=50.174163%2C-97.101154&spn=0.000515%2C0.001062&t=h&z=19

    Saucer (possibly broken down), 2 mud tracks from it trying to take off or skimming the ground to avoid radar detection, 400 feet NNE of that is the landing vehicle for the saucer.

    http://maps.google.ca/maps?hl=en&ll=50.225015%2C-97.139643&spn=0.000865%2C0.002296&t=h&z=19

    Wormhole in backyard of property and large white/silver tank 100 feet North of that.

    http://maps.google.ca/maps?hl=en&ll=50.151111%2C-97.101787&spn=0.000741%2C0.001725&t=h&z=19

    Saucer landing vehicle, saucer NW of that at end of mud track with adaptive camo, distortion can be seen around edges of saucer.

    https://maps.google.ca/maps?hl=en&ll=50.152524%2C-97.108787&spn=0.000956%2C0.002124&t=h&z=18

    Technology used to create projection top on base.

    https://maps.google.ca/maps?hl=en&ll=50.174576%2C-97.128424&spn=0.001053%2C0.001725&t=h&z=19

    Statement from the former Canadian Minister of National Defense.

    http://www.youtube.com/watch?v=FYSwomqKDqQ

    News report on chem trails.

    http://www.youtube.com/watch?v=mY16kEzIdHY