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 2017. (File photo)

Equitas lawsuit appeal denied by Supreme Court

Decision rejects argument of ‘duty of care’ for disabled veterans

The Supreme Court of Canada has rejected the White Rock-based Equitas Society’s bid to pursue an appeal for its class-action lawsuit on behalf of disabled Canadian Armed Forces veterans.

READ MORE: Veterans take pension appeal to Canada’s top court

In a judgment issued early Thursday morning, the court said it would not hear the appeal of six veterans suing the Government of Canada – on behalf of thousands of others – for a reinstatement of full lifetime disability pensions.

“It’s not much to read, it simply says dismissed,” Equitas president Marc Burchell told Peace Arch News shortly after the judgment’s release.

The decision effectively quashes Equitas’s argument that Canada owes a “duty of care” to all veterans disabled in the service of the country.

Burchell, however, said it hasn’t quashed Equitas’s efforts.

“It’s the end of the road for the court case, but of course, we’ve had a Plan A and a Plan B and a Plan C,” he said.

Burchell described the federal Conservatives’ recent passing of a policy resolution “recognizing a military covenant between the people of Canada and its military” as “a very big step.”

He also pointed to the society’s creation of a Canadian Walk for Veterans as a positive.

It “was intended to unite the entire veteran community in Canada and bring them together to speak with one voice, and bring regular Canadian citizens in on the conversation,” Burchell said.

“So even though the court case is over, our advocacy doesn’t end. Matter of fact, it simply intensifies now.”

The organization has been battling Ottawa since the Harper government replaced the Pension Act – which had given veterans disability pensions since 1919, just after the First World War – with its New Veteran’s Charter in 2006.

This instituted lump-sum payments that many disabled veterans have since claimed have left them considerably worse off – and minus a dependable month-to-month income supplement.

While Prime Minister Justin Trudeau made a campaign promise to reinstate the pensions in 2015, and the House of Commons the same year unanimously passed a motion calling for a moral “covenant” to provide compensation and support services to disabled veterans, no legislation was introduced.

Lawyers for the federal Justice Department continued to argue that Canada owed “no duty of care” to the veterans and, in December 2017, the BC Court of Appeal dismissed the veterans’ class-action on the basis that it could only enforce actual legislation.

Just Posted

More ‘Messiah’ in Surrey: City’s new orchestra twice performs Handel’s classic

First Fleetwood Christian Reformed Church, then the Bell theatre with Vancouver Bach Choir

Mariners, Orcas win Fraser Valley volleyball championships

South Surrey senior teams to head to provincial championships next week

A ‘Peter Pan’-to opens in Surrey this week, and tickets are being snapped up

Show at Surrey Arts Centre is produced by FVGSS, A Musical Theatre Company

Threatened frog re-discovered in Delta Nature Reserve

The Burns Bog Conservation Society is asking residents to report sightings of the red-legged frog

White Rock pier light show

Dancing lights highlighted off the water front

Shots fired near Chicago hospital, multiple victims: police

Police say at least one possible offender has been shot

B.C. to allow ride hailing services to operate in 2019

Fee will be applied to fund options for disabled people

Burnaby woman’s car crash death now considered a homicide

Nicole Hasselmann, 34, was killed and a man was sent to hospital after the crash

Chocolate lab missing along Coquihalla

Brad Gibson is asking for help locating his missing dog.

B.C. connection to launch of new $10 bill

Great nephew of Viola Desmond says bill is a ‘step in the right direction’

Elections BC keeps eye on Canada Post dispute, but no change in Nov. 30 deadline

Vote No spokesman say an extension of one or two weeks would ensure all ballots are counted

Langley school pulls Japanese ‘rising sun’ flag after student petition

School district promises consultation with students and parents, defends using flag for war history

Most Read

l -->