Aaron Bedard, one of the plaintiffs in the Equitas Society’s class-action lawsuit, participated in the society’s Inaugural Walk For Veterans in Burnaby in October 2017. (File photo)

Supreme Court of Canada won’t hear B.C. veterans’ lawsuit on pensions

Decision rejects argument of ‘duty of care’ for disabled veterans

The Supreme Court of Canada has rejected the White Rock-based Equitas Society’s bid to pursue an appeal for its class-action lawsuit on behalf of disabled Canadian Armed Forces veterans.

READ MORE: Veterans take pension appeal to Canada’s top court

In a judgment issued early Thursday morning, the court said it would not hear the appeal of six veterans suing the Government of Canada – on behalf of thousands of others – for a reinstatement of full lifetime disability pensions.

“It’s not much to read, it simply says dismissed,” Equitas president Marc Burchell told Peace Arch News shortly after the judgment’s release.

The decision effectively quashes Equitas’s argument that Canada owes a “duty of care” to all veterans disabled in the service of the country

Burchell said, however, that it hasn’t quashed Equitas’s efforts.

“It’s the end of the road for the court case, but of course, we’ve had a Plan A and a Plan B and a Plan C,” he said.

Burchell described the federal Conservatives’ recent passing of a policy resolution “recognizing a military covenant between the people of Canada and its military” as “a very big step.”

He also pointed to the society’s creation of a Canadian Walk for Veterans as a positive.

It “was intended to unite the entire veteran community in Canada and bring them together to speak with one voice, and bring regular Canadian citizens in on the conversation,” Burchell said.

“So even though the court case is over, our advocacy doesn’t end. Matter of fact, it simply intensifies now.”

The organization has been battling Ottawa since the Harper Government replaced the Pension Act – which had given veterans disability pensions since 1919, just after the First World War – with its New Veteran’s Charter in 2006.

This instituted lump-sum payments that many disabled veterans have since claimed have left them considerably worse off – and minus a dependable month-to-month income supplement.

While Prime Minister Justin Trudeau made a campaign promise to reinstate the pensions in 2015, and the House of Commons the same year unanimously passed a motion calling for a moral “covenant” to provide compensation and support services to disabled veterans, no legislation was introduced.

Lawyers for the federal Justice Department continued to argue that Canada owed “no duty of care” to the veterans and in December of 2017 the BC Court of Appeal dismissed the veterans’ class-action on the basis that it could only enforce actual legislation.

More to come…

Just Posted

Your Mountain Minute for September 20

Golden’s weekly 60-second news recap… Continue reading

WildSafeBC goes wild

Submitted The WildSafeBC goes wild weekend occurs province-wide every year on the… Continue reading

Services report: RCMP receive 86 calls

Golden Star Staff Golden-Field RCMP This week, the Golden-Field RCMP had 86… Continue reading

More burning prohibitions rescinded in southeast B.C.

Category 2 and 3 fires will be permitted in Southeast Fire Centre as of 1p.m. on Wednesday.

Excellence in local government starts at core facilities

A group of people gathered on September 13 to learn and talk… Continue reading

VIDEO: Neighbours fear impact of B.C. tent city residents

Greater Victoria residents opposed to campers voice concerns at provincial campground

B.C. premier apologizes for removal of 1950s totem pole at Canada-U.S. border

First Nations say pole was raised at Peace Arch but removed to make way for tourism centre

Tornado touches down in Ottawa and Gatineau, Que.

Environment Canada says cars and homes have been damaged by severe thunderstorms and high wind gusts

An unexpected sight: Bear spotted eating another bear in central B.C.

Cheslatta Carrier Nation Chief finds bear eating another bear’s carcass

RCMP confirm death of missing BC teen Jessica Patrick

No details on cause were given. Case is under criminal investigation and police are asking for tips.

CUTENESS OVERLOAD: 2 sea otters hold hands at the Vancouver Aquarium

Holding hands is a common – and adorable – way for otters to stay safe in the water

B.C. teen with autism a talented guitarist

Farley Mifsud is gaining fans with every performance

Yukon man facing new attempted murder charge in B.C. exploding mail case

Leon Nepper, 73, is now facing one charge each of aggravated assault and attempted murder

B.C. man who left hospice to run in upcoming election dies

A week after leaving hospice to go to city hall to declare his candidacy, David Hesketh has died.

Most Read