The BC Court of Appeal has struck 91裸聊视频渋n its entirety91裸聊视频� a claim that sought to restore compensation for injured servicemen and women to pre-New Veterans Charter levels.
In rendering the decision 91裸聊视频� which stemmed from court action launched by White Rock-based Equitas Society in 2012 91裸聊视频� appeal-court judges emphasized it was not a determination on 91裸聊视频渨hether the government is providing adequate compensation to members of the armed forces who are injured in the course of their duties.91裸聊视频�
Noting 91裸聊视频渃onsiderable sympathy91裸聊视频� for the plaintiffs, the decision 91裸聊视频� announced Monday morning 91裸聊视频� is also 91裸聊视频渘ot directed to the wisdom of legislation,91裸聊视频� the judgment states.
91裸聊视频淲e have tremendous respect and admiration for the plaintiffs. All right-thinking Canadians would agree that they should be provided with adequate disability benefits. If that is not occurring, it is a national embarrassment. Again, however, that is not the issue the court is deciding. Rather, the question before the court is whether an arguable case can be advanced that the Canadian Parliament lacks authority to enact legislation fixing and limiting compensation.91裸聊视频�
Equitas Society brought a challenging the New Veterans Charter forward in 2012. Created in 2006, the charter replaced veterans91裸聊视频� lifelong pensions with lump-sum settlements 91裸聊视频� a change that resulted in a 40 per cent reduction in financial compensation, Mark Campbell, a retired major, told a news conference held at the Vancouver office of Miller Thomson Law Monday afternoon.
In this week91裸聊视频檚 decision, appeal court judges concluded 91裸聊视频淐anada has constitutional authority to enact and administer the compensation scheme.91裸聊视频�
However, judges disagreed with arguments that the plaintiffs were 91裸聊视频渁n analogous group for the purposes of this lawsuit,91裸聊视频� and that Section 7 of the Charter of Rights and Freedoms serves generally 91裸聊视频渢o impose positive obligations on governments.91裸聊视频�
Equitas president Marc Burchell told Peace Arch News following the news conference that he was initially 91裸聊视频渧ery surprised91裸聊视频� by the decision, but now 91裸聊视频淚 understand where they91裸聊视频檙e coming from.91裸聊视频�
91裸聊视频淭hey made a decision based on what is existing law,91裸聊视频� Burchell said. 91裸聊视频淭he court really puts it back into the hands of parliamentarians (to) actually pass law.91裸聊视频�
Don Sorocan, lead counsel for Equitas, said no decisions on next steps have been made 91裸聊视频� including whether to seek leave to appeal to the Supreme Court of Canada.
Such an appeal 91裸聊视频渋s not something that should be decided on a moment91裸聊视频檚 notice,91裸聊视频� he told the news conference.
However, the case does illustrate issues of national importance, he said. Those include a determination on whether the 91裸聊视频渉onour of the Crown91裸聊视频� should apply outside of any aboriginal context.
91裸聊视频淐rown91裸聊视频檚 lawyers argued there is no such thing as a social covenant,91裸聊视频� Sorocan said. 91裸聊视频淭he court of appeal has accepted that.91裸聊视频�
The fight to reinstate the compensation was , whose son, Dan, was injured during his second tour of duty in Afghanistan, during a training session with claymore mines in February 2010. He lost his spleen, a kidney and suffered a collapsed lung.
According to court documents filed in 2012, the soldier received a lump-sum payment of $41,411.96.
Equitas held a in October to raise awareness of the issue, and Burchell said such steps will continue.
91裸聊视频淥ur role as advocates and lobbyists simply escalates,91裸聊视频� he told PAN.
91裸聊视频淚t91裸聊视频檚 far from over. It91裸聊视频檚 actually the beginning of the next chapter.91裸聊视频�
