The BC Court of Appeal has struck 香蕉视频直播渋n its entirety香蕉视频直播� a claim that sought to restore compensation for injured servicemen and women to pre-New Veterans Charter levels.
In rendering the decision 香蕉视频直播� which stemmed from court action launched by White Rock-based Equitas Society in 2012 香蕉视频直播� appeal-court judges emphasized it was not a determination on 香蕉视频直播渨hether the government is providing adequate compensation to members of the armed forces who are injured in the course of their duties.香蕉视频直播�
Noting 香蕉视频直播渃onsiderable sympathy香蕉视频直播� for the plaintiffs, the decision 香蕉视频直播� announced Monday morning 香蕉视频直播� is also 香蕉视频直播渘ot directed to the wisdom of legislation,香蕉视频直播� the judgment states.
香蕉视频直播淲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.香蕉视频直播�
Equitas Society brought a challenging the New Veterans Charter forward in 2012. Created in 2006, the charter replaced veterans香蕉视频直播� lifelong pensions with lump-sum settlements 香蕉视频直播� 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 week香蕉视频直播檚 decision, appeal court judges concluded 香蕉视频直播淐anada has constitutional authority to enact and administer the compensation scheme.香蕉视频直播�
However, judges disagreed with arguments that the plaintiffs were 香蕉视频直播渁n analogous group for the purposes of this lawsuit,香蕉视频直播� and that Section 7 of the Charter of Rights and Freedoms serves generally 香蕉视频直播渢o impose positive obligations on governments.香蕉视频直播�
Equitas president Marc Burchell told Peace Arch News following the news conference that he was initially 香蕉视频直播渧ery surprised香蕉视频直播� by the decision, but now 香蕉视频直播淚 understand where they香蕉视频直播檙e coming from.香蕉视频直播�
香蕉视频直播淭hey made a decision based on what is existing law,香蕉视频直播� Burchell said. 香蕉视频直播淭he court really puts it back into the hands of parliamentarians (to) actually pass law.香蕉视频直播�
Don Sorocan, lead counsel for Equitas, said no decisions on next steps have been made 香蕉视频直播� including whether to seek leave to appeal to the Supreme Court of Canada.
Such an appeal 香蕉视频直播渋s not something that should be decided on a moment香蕉视频直播檚 notice,香蕉视频直播� he told the news conference.
However, the case does illustrate issues of national importance, he said. Those include a determination on whether the 香蕉视频直播渉onour of the Crown香蕉视频直播� should apply outside of any aboriginal context.
香蕉视频直播淐rown香蕉视频直播檚 lawyers argued there is no such thing as a social covenant,香蕉视频直播� Sorocan said. 香蕉视频直播淭he court of appeal has accepted that.香蕉视频直播�
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.
香蕉视频直播淥ur role as advocates and lobbyists simply escalates,香蕉视频直播� he told PAN.
香蕉视频直播淚t香蕉视频直播檚 far from over. It香蕉视频直播檚 actually the beginning of the next chapter.香蕉视频直播�
