Veteran Voice.info

VVi is for you, all veterans, regardless of whether you belong to a veteran organization or not. VVi is a distribution centre, a conduit for making sure that the information you need as a veteran is there for you in a timely fashion. Our aim is to provide a forum for all Canadian veterans, serving members and their families to have access to information pertaining to veteran rights.

VVi is an independent site, not associated with any governmental department, agency or veteran organization. VeteranVoice.info is maintained by independent contributions.

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Military/RCMP Veterans

Against Annuity

Benefit Reduction at age 65

Veterans Pension Justice

Bill C-201

Editorial

By: John Labelle

Campaign Coordinator

Are Military/RCMP Veterans worthy of having their CPP Benefit exempted from the reduction that is being applied to their Pension when they attain age 65 or sooner if they become disabled, when Senators, MP’s and Judge Advocates are exempted?

Is the Canadian Public prepared to support their Veterans pension claim?

While Veterans appreciate the recession situation, the passage of Bill C-201 would not be an additional expense to the taxpayer of Canada. It would in fact be a boost to the Canadian economy and the Government Canada would receive 60% of it back in form of taxes.

Bill C-201 is an Act to amend the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act. (Deletion of deduction from Annuity)

Military/RCMP Veterans maintain that in 1965/66 the Government of Canada has deliberately or otherwise imposed on Military/RCMP personnel a gross injustice and unfairness by merging rather than stacking their Pension benefits.

It is a known fact that in Veterans were dealt with in a negligent fashion and at the time, Senior Military Officers did not hold Assistant Deputy Minister appointment to represent them. They were not properly briefed on the pitfalls associated with the merging of their contributions. In short, democracy did not occur, they were not given any options, yet they always made the required maximum contributions. $20 Billion surpluses dollars has been removed from their Pension account to pay down the National debt. An amount that would have been more than sufficient to pay for the removal of the CPP pension reduction formula!

The Government of Canada must take in consideration that Military/RCMP personnel are a different Government provider. Our Veterans served far abroad on numerous 24/7 operational requirements. They often faced dangerous situations, health hazard conditions, and extended Family separation with elevated levels of stress. Veterans were prepared to give the ultimate sacrifice. The above mention factors often resulted in a shorter career.

Consideration must also be given to our Military/RCMP spouses, for they experienced a loss of CPP benefits and many of them loss their career aspirations while following us around the world. Their dedication to the Canadian Forces resulted in their loss of employment opportunities thus resulting in a loss of their CPP benefits.

The Veteran Petition at: www.petitiononlin.com/vets8

 Continues to grow. 110 Former Colonels and Generals support the Veterans’ pension initiative. Surely they can’t all be wrong identifying, that Veterans were a different Government provider, and that they were unjustly and unfairly treated in 1965/66. Over 110,000 supporters have signed the Veterans’ Petition. Veterans have also received the support of The Dominion Command of the Royal Canadian Legion and numerous other Veterans Associations.

This misguided Policy violates the principle of democracy, fairness and justice, as it affects the welfare of Military/RCMP Veterans and their Families in their Golden Years. Over 40 years as passed, now is the time for the Government of Canada to take action to terminate this Veterans pension injustice levied at Canada’s finest Forces personnel. It would be a great opportunity to Honour our Veterans by voting yes to Bill C-201.

During the month of February, 2009 Mr. Peter Stoffer, MP will introduce, in the House of Common, Bill C-201 for its second reading, debate and consequent vote. Veterans hope that compassionate Members of Parliament will vote yes and allow Bill C-201 to go to Committee for further debate and assessment.

Now is the time for the Government of Canada to terminate this misguided policy of clawing back our Veterans pension. Military/RCMP Veterans have gallantly served our Country Canada! They deserve nothing less than to spend their Golden Years with the Financial Dignity they and their Families have paid for.

Sincerely,

John Labelle

Campaign Coordinator

Nova Scotia

florencejohn@ns.sympatico.ca

www.petitiononline.com/vets8  

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Update On Continuing Manuge v Her Majesty The Queen Legal Action

Good Saturday afternoon ladies and gentlemen. This note is, as the subject states, an update from me on where we are in our on-going legal action against the crown, to end the SISIP Clawback of the VAC pension act disability payments.

 

As you know we lost the appeal by the Crown on our being certified as a Class Action in Federal Court. Despite my e-mail, to you all, upon finding this out, earlier in the week, I received a barrage of e-mails asking me if this means the class action is over, or to clarify what it means.

 

First and foremost, I will say again that it is not over! Not by a long shot. We have two options that I am aware of at this point:

 

1. We can file for a “judicial review” in my name that can be converted back into a class action in the future.

 

2. We can apply to have the Supreme Court of Canada hear an appeal of the Federal Court of Appeals recent decision, over turning our certification.

 

I met briefly with our lawyer, Peter Driscoll, at his office Thursday. After meeting with him, I am more confident than ever that we will prevail in this case. It is likely that we will be doing both of the above options.

 

Unless you are a lawyer, or far more intelligent than I; it is very difficult to understand all of the legal writing, case law, and references to other decisions in various courts of the land. As we proceed it will become more complex. If you can follow it, great; if you can not, direct your legal questions to McInnis Cooper, as I am un-qualified to answer beyond the basics.

 

Peter and McInnis Cooper will likely put out a communication shortly that updates you all. How detailed it will be and how easy it will be for us “lay people” to understand is unknown to me at this time. As always, please do not hesitate to contact Peter at sisipclassaction@mcinnescooper.com should you have legal questions. Try to remember I am one of you, not a lawyer.

 

My take on things after speaking to Peter is he and our legal team feel that the appeal judges are not applying the law and the Grenier (Docket: A-596-04) case appropriately. They (our legal team) feel that Justice Barnes was quite correct in his original interpretations for certification. Court of Appeal, JUSTICE LÉTOURNEAU, himself illuminates in our decision that the Grenier case has been interpreted & applied in a number of ways in several cases in various courts of the land. This inconsistency is why we will likely challenge our appeal decision in the Supreme Court. He himself sat for the Grenier appeal, which, to me, it seems he is protecting his own ass.

 

I would ask you all to be patient. Nothing happens quickly. Do not have any expectation of when we might win, or force the government to settle. I am learning fast that to put those expectations on this issue is to set ones self up for heartache, frustration, and aggravation of your mental health. I was told by Peter when we started this process, it could take 3-12 years. It has been only two years next month.

 

The best thing we can do for one another, in my opinion, is share info, share support, and advocate loudly on our own behalf. When you are well, write some letters, or make some calls, or send some e-mails; when you are not, rest!

 

No one of us can do anything alone. The more of us who are able speak; the more of them that will hear the noise. I am sensitive to each of us being in various stages of illness, both mental and physical, but I hope most of us don’t keep quiet forever.

 

I am in need of a little break (several days) for myself and for the love of my life, Tracy, who stands by my side, who watches the ebb and flow of my emotions, and who keeps me going, day after day with her love. Most of you will never know Tracy, but with-out her none of this would be possible. She has sacrificed as much, or more to get us where we are. My two, wonderful Labrador Retrievers, Zoe & Lily, my constant companions, will be spending lots of time in the woods behind “Nanny’s house,” where we have a beautiful trail on my parents 27 acres. It is my safe and sacred place and the best place for me to re-charge my batteries.

 

I am hoping to return to my civilian job in the very near future as an Occupational Therapy Assistant with mental health services here in the Halifax- Dartmouth area. I have been off (due to my own physical & mental health) for almost 7 months, and my focus and efforts between balancing my well being, and advocating for all of us, is a constant struggle. The others out there who are in the fight know exactly what I am talking about. The cost can be high, but worth it all to me.

 

Lastly, I hope you start to send letters to the Royal Canadian Legion and ask them to get overtly involved in our cause. They have supported me/this case in front of the senate, but they have yet to show me that they are lobbying on our behalf. It is not much wonder that the younger Vets are not joining.

 

Our issue is simple, it is about what’s right & what’s wrong. We have been wronged! Spread the word.

 

Grenier:

http://decisions.fca-caf.gc.ca/en/2005/2005fca348/2005fca348.html

 

Federal Court:

http://cas-ncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Index

 

Federal Court of Appeal:

http://www.fca-caf.gc.ca/index_e.shtml

 

Sincerely & Respectfully

 

Dennis Manuge
Representative Plaintiff, Manuge Vs Her Majesty the Queen
dmanuge@eastlink.ca

Ottawa - 5 February 2009

Last May I wrote a blog asserting that the Office of the Veterans Ombudsman must remain independent from the various individuals and groups that advocate on different issues that impact on our Veterans. There will be occasions when issues we are investigating will coincide with the agendas of Veterans advocates and advocacy groups, but what remains sacrosanct is that this Office—as long as I am the Veterans Ombudsman—will arrive at its own position on the issues based on our own independent analysis of the situation. We will never endorse any third party to speak on behalf of the Office on issues affecting our stakeholders. In order to maintain the legitimacy of the Office, we must never give up control of the messages we convey. To the contrary, however, I am prepared to exploit any source of moral suasion available to the Office to address issues where our stakeholders are being treated unfairly.

The National Defence and Canadian Forces Ombudsman and I face many issues that impact on both sides of our jurisdictional boundaries. Consequently, we understand that in the future it may be worthwhile for us to work collaboratively within our individual mandates to ensure our respective stakeholders are treated fairly. The National Defence and Canadian Forces Ombudsman has determined that it is unfair to reduce the monthly Service Income Security Insurance Plan (SISIP) Long Term Disability benefits received by injured/disabled personnel by an amount equivalent to their monthly Pension Act disability payments. The National Defence and Canadian Forces Ombudsman argues that it is logical to deduct other sources of employment income from SISIP benefits—SISIP being an income replacement plan—but that disability pensions should not be deducted because they are compensation for pain and suffering, not income replacement. This is known as the SISIP claw back' and as most of you know, a class action was initiated in March 2007 on behalf of Dennis Manuge and all other similarly-affected Veterans.

The SISIP Long Term Disability Plan is administered by the Canadian Forces, and so technically these claw backs fall outside my mandate. However, since there is no doubt in my mind that the National Defence and Canadian Forces Ombudsman has researched this issue with all the thoroughness and rigour that we in the Office would, I have no hesitation at all to echo the Ombudsman’s condemnation of this unfair treatment. Additionally, since Veterans Affairs Canada uses the same calculation formula to determine Earning Loss benefits—a program that guarantees 75 percent of pre-release salary while a Veteran takes part in the Rehabilitation Program—I have exercised my formal obligation to our stakeholders by asking the Department to review the way it calculates the Earning Loss benefits. We intend to track this matter very, very closely.

This is a fine example of how our two offices will work together toward ensuring that the men and women who have accepted the terms of unlimited liability in the service of this country are treated fairly in return. As other issues present themselves to this Office—as did the SISIP claw-back issue—and where a thorough unbiased assessment of facts by an impartial organization has identified unfair treatment that impacts on our stakeholders, I will not hesitate to offer the wholehearted support of the Office of the Veterans Ombudsman.

P@ (Pat)

VAC Voc Rehab contract Awarded to WCG Consultants Ltd.

The VAC Voc Rehab contract has been awarded to WCG Consultants Ltd. for the next three years.  They appear to be very well connected with various levels of government and are known for their job search activities and skills training to get disabled back to work in a short time.  WCG Consultants Ltd. are owned by Providence Service Corporation, USA.  They used to be known as the West Coast Group out of Victoria and were involved in a provincial government scandal around 2006, that involved double billing and modified client number counts . 

Under the terms of the contract their clients will be any spouses of CF members and any CF members who do not have SISIP coverage and support.  This contract has no effect on the SISIP program.

VVi Publisher's Comments

Since the inauguration of VeteranVoice.info (VVi), unfortunately, I have seen too many veteran issues come to light; veteran issues that should have never seen the light of day or should have been corrected by the federal government in-place in a much more timely and fair manner.

With any system, any legislation, problems will always arise. Nothing is perfect. What becomes unacceptable is either the lack of action of those overseeing the administration and functioning of their department, be they senior bureaucrats or politicians, and/or outright disdain and opposition to those very clients that they are suppose to respond and support. VAC is one such department.

As a result, individual veterans initiate their own actions, reaching out to others and veteran organizations for support. In all such initiatives, including VeteranVoice.info, many veterans devout large amounts of time, energy and often their own money to sustain these initiatives. However, these expenditures often leave individual veterans capable of tackling only one of the many outstanding veteran issues at a time. Remembering that many veterans are ageing, where dragging on sustained energy to take up a fight  becomes more and more difficult. In addition, many of the initiatives are started by disabled vets who have their own wounds to deal with, physical or mental wounds incurred on operations in the performance of their duties. There is also a generational gap amongst veterans, be they WWII veterans, veterans of the Korean War, veterans of the numerous conflicts and missions under the dubious title of 'peacekeeping or peacemaking operations'. Definitely not least are those veterans of tomorrow, the currently uniformed, serving members involved in various missions, including Afghanistan. Of course, sitting governments and their legislation takes advantage of these generational gaps. What's the old saying, 'Divide and Conquer' !

'Divide and Conquer', whether coincidental or a deliberate game plan can often pit veteran against veteran. There is no time for this. There is no time for veterans of any generations to get sucked into this play. Not all will agree with initiatives undertaken by others to correct what is seen as an injustice on behalf of the federal government, nor will many have the resources and energy available to take on all veteran issues that are front and centre in tackling the federal bureaucracies and politicians. Veterans may voice their opinions and disagreements with certain initiatives. That is freedom of speech that we have personally fought for to maintain. However, disagreements can be done with understanding, respect and patience. We, the veterans of all generations, have a common link and that is we were prepared to sacrifice all in service to our country.

Finally, all veterans must remember that many existing issues and injustices will take months, years, even decades to correct. Initiatives for correcting issues now may only come to fruition once most of us are six feet under. As a result of this reality, all veterans have to keep an eye to the future, and those serving soldiers that some day will remove their uniform and take to the veterans' ranks. We are all veterans!

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