OTTAWA, October 3, 2013 - The National Council of
Veteran Associations, consisting of sixty member organizations and
representing a wide cross-section of the veterans’ community, came out
today in support of the essential findings of the Veterans Ombudsman’s
Office, which issued a comprehensive report this week in relation to
the need to reform the New Veterans Charter.
Brian Forbes, Chairman of NCVA, noted that the report, which calls
for urgent action, correctly recognizes the appropriate priorities for
immediate revision of the Charter in its focus on three key transition
issues:
- the financial instability and decreased standard of living caused
by reduced post military release income and insufficient financial
support after the age of 65 for totally and permanently incapacitated
veterans.
- the limitations in vocational rehabilitation and educational
funding which can affect second career aspirations and employment
options.
- inadequate support to address difficult family environment scenarios as a consequence of military service.
“The Ombudsman’s evidence-based actuarial study has demonstrated
beyond any reasonable doubt the specific shortcomings that exist in the
Charter today,” Mr. Forbes said.
He pointed out that when the Charter was enacted in 2006, the
Government declared that this legislation was a “Living Charter” and
made a formal commitment to the veterans’ community that, as gaps and
inequities were identified, immediate remedial action would be taken to
address these deficiencies.
“The Government has failed to fulfill this commitment with regard to
a significant number of substantive issues, impacting on the
compensation benefits of disabled veterans in violation of the social
covenant that the Canadian people owe to our veterans and their
families,” he said.
NCVA has consistently demanded over the last number of years that
Veterans Affairs Canada implement an overall plan of action to fulfill
its commitment in relation to not only the New Veterans Charter, but
also to seriously disabled veterans and health care reform.
“In accordance with the fundamental conclusions of the Veterans
Ombudsman’s report, it remains NCVA’s position that, notwithstanding
the ostensible economic constraints facing the country, the seriously
disabled veteran should be given immediate priority in the
implementation of the first phase of a VAC plan of action for
legislative reform,” Mr. Forbes said. “There is no higher obligation on
Veterans Affairs Canada and the veterans’ community than the
responsibility to address the needs and requirements of seriously
disabled veterans and their families.”
He added that, although NCVA fully endorses the general thrust of
the Ombudsman’s report, it would have preferred that the Ombudsman’s
office had adopted the more beneficial recommendations of the New
Veterans Charter Advisory Group and the Standing Committee on Veterans
Affairs (2009-2010) in relation to strengthening the compensation and
income security provisions of the Charter.
It has been NCVA’s longstanding contention that any VAC plan of
action should include the remedial measures contained in the Advisory
Group and Parliamentary Committee reports (see Appendix I) so as to
optimally address the deficiencies in the Charter as precisely
identified by the Veterans Ombudsman’s report.
In NCVA’s view,
immediate implementation of a comprehensive
course of action to legislative Charter reform pursuant to these
recommendations would represent an important step to meeting the
controversy surrounding the Lump Sum Disability Award through the
proposed enhancements of the complementary benefit and income support
programs in the current legislation.
“We have encouraged the new Minister, Mr. Fantino, and his
predecessors, to ‘get out in front’ of the significant criticism of the
Charter with such a plan of action, and not wait for the outcome of
the current class action lawsuit (Equitas), and the pending
Parliamentary Standing Committee review anticipated this fall,” Mr.
Forbes said.
“We do commend the Minister for his immediate commitment upon
receipt of the Ombudsman’s report, to the initiation of a review of the
New Veterans Charter, with particular emphasis on ‘the most seriously
injured, support for families, and the delivery of programs by VAC,’”
he added, “However, in our judgement, these proposed reforms have been
sufficiently studied and analyzed over the last number of years such
that the gaps and voids have been readily identified by the New
Veterans Charter Advisory Group, the Special Needs Advisory Group, the
Standing Committee on Veterans Affairs, and now the Veterans
Ombudsman’s office.”
“In our considered opinion, it is long overdue for VAC to become
proactive, and implement remedial legislation to address these well
established concerns and live up to its obligation under the social
covenant to Canada’s veterans and their dependants. For a Government
that professes to support our military, the lack of substantive action
to reform the New Veterans Charter is truly unacceptable, and
represents a betrayal of the Government’s commitment to the veterans’
community,” he said.
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The Recommendations of the New Veterans Charter Advisory
Group, the Parliamentary Committee Report and the National Council of
Veteran Associations follow in Appendix I. For more information,
please contact Communications at 1-877-60MEDIA, visit ncva-cnaac.ca or e-mail ncva@waramps.ca.
APPENDIX I
THE RECOMMENDATIONS OF THE NEW VETERANS CHARTER ADVISORY
GROUP, THE PARLIAMENTARY COMMITTEE REPORT AND THE NATIONAL COUNCIL OF
VETERAN ASSOCIATIONS RE THE INCOME SECURITY AND COMPENSATION PROVISIONS
OF THE NEW VETERANS CHARTER.
- the Earnings Loss Benefit should be increased to 100% of
pre-release income and in relation to permanently incapacitated
veterans, be paid for life (not terminated at 65 as is currently the
case). In addition, the projected career earnings of a Canadian Armed
Forces member should be employed as the standard for the payment of
the Earnings Loss Benefit. In this context, VAC should adopt the
approach utilized by the Canadian Courts in assessing the concept of
“future loss of income” which specifically addresses the projected
lifetime earnings loss in a personal injury claim.
- the SISIP (Service Income Security Insurance Plan) Long Term
Disability Program should be eliminated with respect to service related
disabilities to eradicate the insurance culture constraints presently
contained in the New Veterans Charter. It is to be noted that, at
the time of the enactment of the New Veterans Charter, VAC committed
that, as a fundamental pre-condition to the passage of the legislation
that the SISIP program would be eliminated as soon as possible so as to
remove the restrictions that were inherent to the overall income
replacement program.
- the restrictions and complexities of the Permanent Impairment
Allowance guidelines should be addressed so as to allow greater numbers
of disabled veterans to qualify for appropriate levels of entitlement
for this important allowance.
- the Lump Sum Disability Award should be increased commensurate with
the general damages paid by the Canadian Courts. At this point in
time, the differential would be approximately $50,000.00, and it
remains the view of NCVA that there is no justification for a lower
amount being paid to a disabled veteran who is severely injured in the
service of his country.
- the Exceptional Incapacity Allowance concept founded under the
Pension Act should be incorporated into the New Veterans Charter.
This allowance has traditionally addressed the impact of the
disabilities suffered by 100% veteran pensioners with reference to their
difficulty to cope with their overall incapacity. The
introduction of EIA to the New Veterans Charter would augment the
limitations of the Permanent Impairment Allowance, particularly in the
circumstance where a disabled veteran confronts the ravages of age.
- educational benefits should be expanded to bolster the
rehabilitation provisions of the Charter so as to address the
vocational and occupational constraints faced by many returning
veterans with service related disabilities.
- the discrimination that currently exists with reference to specific
classes of reservists, particularly those that are seriously disabled,
should be eliminated in the New Veterans Charter and related insurance
coverage with particular regard to income replacement programs and
relevant SISIP provisions.
- In order to recognize the care giving requirements that many
disabled veterans confront to cope with their incapacities, the
Attendance Allowance provisions of the Pension Act should be added to
the New Veterans Charter in recognition of the financial costs faced by
many families in this context.
- the Charter should acknowledge that veterans with dependants
should receive a higher level of compensation either through the
augmentation of the Lump Sum Disability Award or an increase in the
Earnings Loss Benefit for such veterans and their families.
[Underlining reflects the more beneficial proposals supported by the
New Veterans Charter Advisory Group, the Standing Committee on
Veterans Affairs and the National Council of Veteran Associations as
distinct from the recommendations set out in the new Veterans
Ombudsman’s report.]
