Feature: An Independent Charter (What to Do with Leftover Turkeys)

 

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PERIODICAL - 3 - Aug 2011

Issue No: 201144

 

 

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An Independent Charter

(What to Do with Leftover Turkeys)

Perry Gray, Chief Editor VVi

VVi 2011

 “The overwhelming majority of politicians and senior bureaucrats have never and will never make the same sacrifice caring for veterans as veterans and their families have sacrificed giving up everything to care for government and Canadians.” Sean Bruyea

  

In the last periodical, I discussed the poor performance of formal Veterans organisations, the Office of the Veterans Ombudsman and Veterans Affairs Canada to responsibly represent the Veterans Community.  All three seem more intent on collaborating with each other behind closed doors than ensuring that the Veterans Community is treated with dignity and respect.  Instead the community has been subjected to decades of abuse that is contrary to the democratic principles espoused by our federal government and which the CF and the RCMP defend.  I also lamented the many examples of how VAC has been intransigent in performing its role, in particular by not ensuring that the New Veterans Charter is "living legislation". There have been over 400 recommendations and the Enhanced NVC (C-55) incorporates only four or less than one per cent.

I suggested that every member of the Veterans Community can do something to rectify this situation.  Efforts can be as simples as participating in events such as the national protest scheduled for 5 November.  It is also long overdue that we do something significant to protect our status.  The failures of formal groups, the OVO and VAC means that Veterans should be considering other options in order to achieve this.  It is time for us to emulate the successful reformers who helped to create some of the democratic states and ideas throughout history.  Many social activists (women suffragettes and civil rights activists) faced much greater opposition than we do and yet they overcame obstacles to achieve success.

There is no need to form yet another group to advocate for reforms as this only serves to further divide the Veterans Community.  Of note, the majority of members do not currently belong to a group so the groups do not truly represent the majority.  This is not likely to change in the near future.  This means that we have to develop a grassroots movement that is an informal brain trust to ensure that our needs and requirements are properly addressed.

What I am proposing is that we work to realise the One Veteran, One Charter.  There is already national acceptance of the first part, despite repeated efforts by VAC to segregate the Veterans Community into many distinct groups (peace time, war service, regular, reserve, military, police, etc.):

"What VAC fails to acknowledge is that there is only one category of veterans, service members having voluntarily served in this country's military forces in time of war and peace, past, present and into the future." National Council of Veteran Associations (NCVA)

"Whether active duty, retired, or reserve - is someone who, at one point in his/her life, signed a blank cheque made payable to "The People of Canada", for an amount up to and including my life."  VVi

It is enshrined in the Pension Act, which is one of the most important pieces of legislation prior to the NVC:

“Male and female members of the forces under this Act enjoy equality of status and equal rights and obligations under this Act.”

Now it is time to concentrate on the second part.

Personally, I would prefer going backwards in time before the NVC was implemented.  The majority of the Veterans Community is still covered by pre-NVC legislation.  The RCMP rejected the NVC, so it will continue to be covered by older legislation.  This option is not really viable for a number of reasons including the difficulty in getting any government to repeal legislation.  A more likely option is to create a new charter that will apply to all members of the Veterans Community and incorporate all of the concepts that have been presented in the recommendations to the NVC as well as older legislation and programs.  This will be a major “do it yourself” project.

One of the many military applications of Murphy’s Law and related corollaries is:

Never reinforce failure. Failure reinforces itself.

There is ample evidence that the NVC is a failure as are the attempts to alter it.  So it is time to stop reinforcing failure.

The groundwork has already begun.  The initial draft exists in the aide memoire (How To Repair The Social Contract Between Veterans And The Canadian Government) posted on this website.  I encourage everyone to read and discuss it.

The aide memoire is by no means a final product. It is instead intended as an “aide” to stimulate discussion, solicit ideas and bring disparate individuals, groups and institutions together to create a universal charter which applies to all veterans and their families. Over time, VVi will adapt the aide memoire to include ideas provided by the Veterans Community and others.  After all, Veterans should be deciding their destiny in equal partnership with elected officials. Bureaucrats exist merely as implementers and administrators of what they are instructed to do by this partnership.  To the detriment and clear belittling of the Veteran Community and all that sacrifice entails, bureaucrats have been unilaterally deciding what our future should be. This is wrong and must stop.

Included in the draft charter should be a definition of a Veteran, a bill of rights and detailed benefits and programs available to the Veterans’ Community.  Furthermore it must be "living legislation" as one of the reasons given for creating the NVC was that VAC arbitrarily retired older programmes.

This is our opportunity to redress grievances and ensure that our needs are met.  This will require lots of discussion and writing.  It will take time to develop the charter; something that was not done with the NVC.  Do not wait for bureaucrats to decide your destiny or one or two sycophantic leaders of veterans groups to do the work, start doing your own now.

As part of a truly universal and effective Independent and Universal Veterans’ Charter, one of the most important objectives is the creation of a truly independent OVO.  Veterans do not have an association like the Public Service Alliance of Canada (PSAC) with its member groups such as the Union of Veterans Affairs Employees (I recommend reading the welcome statement on the UVAE website in which the sacrifices of Veterans are used to rationalise the founding of PSAC – how ironic).  Therefore it is essential that we have an organisation that can provide some of the services like those of PSAC:

PSAC strives to enhance its members' quality of life and has been at the front of a variety of significant and successful campaigns for workplace and human rights, including the struggle for equal pay, enhanced workplace health and safety and the rights of same sex spouses.”

We need legislation that is applicable to specifically the military and the RCMP. This would not only mean obtaining the minimal requirements of a PSAC-like agreement, but goes further into territory that is unique to CF members and RCCMP members.

There are plenty of examples on the PSAC and associated websites that demonstrate how the federal government has failed to respect its own laws with regards to the fair treatment of its employees.  No Canadian should have to rely on the government and its departments without the benefit of an independent and dedicated advocate for the rights of veterans and their families.

The ombudsman should be independent of VAC and be a subordinate to parliament like the following offices:

·        the Privacy Commissioner;

·        the Access to Information Commissioner;

·        the Conflict of Interest and Ethics Commissioner;

·        the Public Sector Integrity Commissioner; and

·        the Commissioner of Lobbying.

 

An integral component of an effective Universal Charter is an appeal body which works for the Veteran and not against Veterans. The Veterans Appeal and Review Board (VRAB) is clearly overdue for reform.  Its membership and decisions have long been rightly criticised.  VRAB or an independent organisation should be reviewing all of VRAB’s actions, ensuring that there is both logic and conformity in the decision-making process.  The latest criticism is that VRAB is not respecting the Federal Courts Act and Judicial Reviews let alone the long-standing criticism that they not only ignore the “benefit of the doubt” clause but that they take excessive effort to rule against the Veteran and survivors.

 

Our pensions and benefits should be, at the very least, on par with those of federal politicians and public servants.  Disabled veterans should never be given less than federal public servants or MPs. Not only are program benefits less than public servants and MP’s, but programs for Disabled Veterans are subjected to excessive and dilatory exceptions such as the widely and universally condemned unfair deductions from SISIP.  Adding further to the financial troubles of disabled veterans, their limited CF pensions are clawed back by CPP disability benefits. Veterans released in the 1975 to 1997 timeframe are particularly marginalized as they were subjected to artificially low CF salaries upon which their LTD payments and CF pensions are based.

 

Any Veteran wounded or injured in the line of duty must receive a lifetime pension in addition to other financial benefits and services regardless of length of service. Unfortunately, as we have all learned, the NVC summarily erased this 90 year tradition of providing lifetime pensions and instead replaced such dignity with the indignity of far too inadequate lump sum payments.  In contrast, an MP is entitled to a pension after six years of service and those who do not qualify still receive hefty severances, which are usually more generous than the average lump sum paid to Veterans covered by the NVC.  For example, an MP who served for 2.5 years received a severance of $78, 886 and an MP with 11 years service received a pension of $54,544. The average lump sum payout under the NVC is a mere $40,000.  Sean Bruyea provided the following information:

 

“…senior bureaucrats are not only provided with disproportionately high salaries but they also receive “at-risk” and performance bonus lump sums annually. For instance, a senior DM at VAC could be earning the maximum salary of $309,600 plus an annual bonus of up to 39% or $120,744…It is hardly comforting to realize that a DM in one year can earn a total of $430,000. This is 50% more than the amount 134 veterans have received for a 100% disability award of $285,000…an award to compensate for substantial lifelong pain and suffering.”

 

There are a number of financial programs that could be included.  Why not make our pension funds work for us?  Rather than the federal government, in effect appropriating our monies by denying lifelong pensions, these otherwise allocated funds could be used to provide the Veterans Community with low interest loans and mortgages as well as grants.  This was a service provided after the Second World War and loans helped Veterans establish businesses and buy homes, all of which contributed to economic prosperity.

 

Veterans’ medical and dental should be better, a lot better.  The federal government tries to make provinces responsible despite the fact that the federal government has a responsibility for hundreds of thousands of Canadians, who are not covered by provincial programs.  VAC or provincial providers, despite the recommendations of the health care providers treating Veterans, reject too often drugs and health care services.  This has to be reformed.

 

Our families need to be meaningfully and substantially included in both the benefits and the process to create those benefits.  The process to design those benefits within the structure of a universal charter must be accompanied by a clear and indisputable guarantee that veterans and dependents will be cared for in more than empty words and meaningless Bills of Rights and VAC mission statements.  Before anyone goes off to serve Canada they should know that there are concrete guarantees that all Veterans and dependants will be financially secure and healthy.   

 

In addition to the Veterans Community, input from other sources will be essential. Rehabilitation and medical specialists, not bureaucrats should be working with Veterans to design the programs.   SISIP Vocation Rehab Program (VRP) is comprised of mostly ex-military who often suffer disabilities. All VRP case workers have hands-on field experience and are academically trained unlike VAC Case Managers who are “case managers” in name only.    Federal Workers’ Compensation and Labour Program should be compared as well as other federal legislation (A survivor of a federal government employee killed by a violent act at work may be eligible for a guaranteed supplementary income benefit).

 

No part of the future charter can be retired without consulting all stakeholders.  VAC is already guilty of doing this with pre-NVC programs. This is not only illegal (contrary to the DVA Act), it is just plain wrong.  

 

Anyone who opposes this collaborative grass-roots project, such as senior managers at VAC, can be considered anti-Veteran and unpatriotic.  Now that should ruffle a few turkey feathers! 

 

The Veteran's Duty

We, the veterans, are here to support the soldiers of today and the veterans of tomorrow. Everything we do now, or don't do will affect these young men and women when they eventually do remove the uniform. Their well-being is paramount. This is the duty of the veteran.  VVi

Veteran's Aide Memoire: https://veteranvoice.info/archive/aide_memoire/Vet_Aide_Memoire.pdf

(Perry Gray is a military veteran, having served 26 years in the CF Land Force (Army). He has been the Chief Editor of VeteranVoice.info since 2003.)  

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