By Jonathan Scotland
Despite the Conservative Party of Canada’s fondness for promoting its support for Canada’s military, since assuming government in 2006 the federal government’s relationship with veterans has been rocky at best. By the close of last year’s parliament it seemed that new criticisms were being leveled at Julian Fantino, Minister of Veterans Affairs, on a daily basis. His department’s handling of the New Veterans Charter (NVC) and treatment of soldiers’ mental health came in for special criticism. Critics also added neglected war graves, unspent funds, cuts to the Veterans’ Affairs’ disability awards branch, and inadequate access to a growing list of complaints. Fantino, at least, was struck off that list early in the new year when he was replaced as Minister by Erin O’Toole, a sign the government is trying to repair its reputation with veterans.
In British Columbia wounded veterans have taken Ottawa to court over the change from life-long pensions to one-time, lump-sum payments. This shift, the veterans argue, amounts to a breach of trust between soldiers and the crown, a social contract that dates to at least the First World War.
Their suit builds on Aboriginal case law by invoking the honour of the crown. If it succeeds, it will be precedent setting. Veterans’ benefits will henceforth be enshrined as a permanent fiduciary responsibility.
With parliamentary sovereignty at stake, government lawyers are vigorously seeking to have the suit thrown out.
At the heart of the case are Prime Minister Robert Borden’s wartime commitments to Canada’s troops. Continue reading →