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…

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Shawnigan group challenging assessments, claiming soil dumps have lowered values

Neighbours raise water quality, property value issues

Editorial: Curbing urban sprawl a laudable goal

We did not agree with the motion put forward to put a moratorium on development.

Lake Flashback: Haiti relief pours in, political kerfuffle has deep roots, and BCFP acts quickly on PCP leak

We’ve also included a picture of Lake Cowichan Kinsmen rescuing the Duckpond dock

Chris Wilkinson column: Perspective matters now more than later

The point here is that priorities matter. All the time. Every month.

Flooding has closed several roads in Cowichan Valley

All the usual suspects are involved: overflowing ditches, low-lying spots, and huge piles of snow

VIDEO: Rare ‘ice circle’ spotted on Kamloops river

An ice circle or ice pan, has formed in the chilly waters just east of the Yellowhead Bridge

Royal Canadian Legion expels B.C. member for wearing unearned military commendations

‘Stolen valour is stolen service and it’s just totally wrong’

‘I was alone’: B.C. woman warns others after robber attempts to force her to ATM

Manj Sidhu-Gill was alone in a parking lot on Jan. 15, when a man approached dressed in all black

‘Latte-sipping urbanites’ need to realize value of mining in B.C., association head says

Industry generates a total of $3.9 billion in sales of goods and service across the province

Uber, Lyft approved for ride-hailing in Lower Mainland

Kater Technologies Inc.’s application was rejected

B.C. man rescued after getting trapped headfirst in well as water level rose

The rescue involved crews from Oak Bay and Saanich

Investigators in wildfire-torn Australia head to site of B.C. airtanker crash

The B.C. government sends condolences to Port Alberni-owned Coulson Aviation

RCMP investigating sexual allegation against Lower Mainland police officer

Delta officer suspended while the alleged off-duty incident involving a co-worker is investigated

Most Read