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. (File photo)

Veterans take pension appeal to Canada’s top court

White Rock-based Equitas Society says soldiers injured in Afghanistan ‘deserve better’

Canadian armed forces veterans who have been suing the federal government to have their full disability pensions reinstated are turning to the Supreme Court of Canada for a ruling to overturn a recent decision by the BC Court of Appeal.

That decision, handed down Dec. 4, ruled against continuing their class-action lawsuit in B.C. Supreme Court, on the grounds that, in spite of verbal support for veterans in the House of Commons, and promises by the Liberal government to reinstate lifelong pensions removed by the previous Conservative government, such statements do not have the force of law.

The original court action was launched by White Rock-based Equitas Society in 2012.

Wednesday (Jan. 31), lawyers for the group – veterans injured while serving in Afghanistan – made an application to the Supreme Court in Ottawa for a leave to appeal, asserting that the BC Court of Appeal erred in finding that there is no legal obligation or social covenant to “those who have served Canada honourably.”

In a press release from the Equitas Society, which advocates for the veterans and filed the lawsuit on their behalf, president Marc Burchell said “our armed forces members deserve better than this.”

“The BC Appeals Court ruling says there is nothing embedded in the law to protect them,” he said.

“This case is about making sure the Government of Canada supports our fighting men and women as they must. The government must either reinstate the old Pension Act, or must make sure compensation for injuries under the New Veterans Charter is as good as – or better – than what they received before.”

In a memorandum of argument on behalf of the plaintiffs, Vancouver lawyer Don Sorochan stated that men and women who voluntarily sign up for Canada’s military do so at “great personal risk and sacrifice.”

“In exchange for that sacrifice there is an obligation on the Government and people of Canada to ensure those who are injured or fall receive adequate recognition and compensation for their injuries or losses,” Sorochan wrote.

The application seeks permission from the Supreme Court of Canada to have the matter argued on a full appeal to the court so that a judgment of the Supreme Court could assist “courts tasked with examining the nature and extent of obligations owing to those injured in service to Canada.”

Canadian soldiers received disability pensions from 1919, until the New Veterans Charter took effect in 2006, under the Harper government.

The charter replaced the pensions with lump-sum payments which, Equitas argues, has represented a sharp reduction in benefits for the majority of veterans.

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

Just Posted

Passengers escape unharmed from destructive houseboat fire on Mara Lake

Cause of blaze under investigation, flames erupt at 2 a.m. Aug. 4

UPDATE: Water bombers attack wildfire north of Sicamous above Shuswap Lake

Wildfire BC reports fire is still classified out of control, 25 personnel on ground

HandyDART additions part of BC Transit plan to expand Shuswap fleet

BC Transit plans to add six new light duty buses

Salmon Arm Silverbacks welcome assistant coach

Seasoned forward Derek Damon to join team behind the bench

VIDEO: Wildfire erupts north of Sicamous above Shuswap Lake

Observers suspect fireworks sparked blaze, Wildfire BC states cause still unknown

B.C. records 146 new COVID-19 cases through long weekend

More that 28 people tested positive for the virus each day since Friday

Canucks tame Minnesota Wild 4-3 to even NHL qualifying series

J.T. Miller leads Vancouver with goal and an assist

COVID-19 vaccine efforts provide hope but no silver bullet to stop pandemic: Tam

There are more than two dozen vaccines for COVID-19 in clinical trials around the world

Alberta vehicles allegedly damaged in Summerland

Lug nuts loosened, windows smashed in several instances in Okanagan community

Interior Health reports nine new cases of COVID-19, 149 linked to Kelowna

Nine new cases were reported in the Interior Health region over the long weekend’s four reporting periods

Former Kelowna resident makes fundraising goal for cancer fertility treatments

Rebecca Hamilton recieved a boost in a battle against cancer - $25,000 for post chemo treatments

Study shines light on what makes LGBTQ+ youth feel safe in a community

The study goes beyond looking at school or family supports

Alberta to require masks at schools this fall, but still no mandate in B.C.

B.C. students are also set to return to classrooms in September

Most Read