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

Northern B.C.’s Ridley coal terminal sold, Canada divests, First Nations to own portion

Ten per cent of shares transferred to the Lax Kw’alaams Band and the Metlakatla First Nation

Haida artist Derek Edenshaw helps Rupert spruce up city

A giant kraken, painted by local artists under Edenshaw’s tutelage, is now on display

Haida Gwaii teacher denied paid bereavement travel leave

Arbitrator sides with B.C. Teachers Federation in dispute over funeral trip

Skeena mainstem closed to recreational sockeye

Escapements expected to be below 800,000 threshold

Rainbow Yarnbombing takes over

Haida Gwaii Knitting Group surprise the islands

‘Bad choices make good stories’: Margaret Trudeau brings her show to Just for Laughs

Trudeau says over the decades she has been suicidal, manic, depressed

UPDATE: Youth seen with gun at Nanaimo mall, suspect now in custody

Woodgrove Centre shut down during police incident

B.C. man dies from rabies after contact with Vancouver Island bat

Last known case of human rabies in B.C. was 16 years ago

Crown recommends up to two-year jail term for former Bountiful leader

Crown says sentence range should be 18 months to two years for Bountiful child removal case

B.C.-wide police efforts identify Vancouver Island robbery suspect

Warrant issued for arrest of North Vancouver man for TD Bank robbery

VIDEO: Wolf spotted swimming ashore on northern Vancouver Island

Island wolf population estimated at under 150 in 2008, says VI-Wilds

Diversity a Canadian strength, Trudeau says of Trump tweets at congresswomen

Trudeau avoided using Trump’s name when he was asked about the president’s Twitter comments

B.C. couple bring son home from Nigeria after long adoption delay

Kim and Clark Moran of Abbotsford spent almost a year waiting to finalize adoption of Ayo, 3

Garneau ‘disappointed’ in airlines’ move against new passenger bill of rights

New rules codified compensation for lost luggage, overbooked flights

Most Read