Canadian Veterans Advocacy

Friday, July 26, 2013

Canadian Veterans Advocacy: Subject

Sit Rep Press Conference 0930, Parliament Hill - Equitas

Be advised that Peter Stoffer, NDP Veterans Affairs critic, will be holding a press conference on Parliament Hill, Tuesday, July 30th at 0930. I have been invited to speak to the Sacred Obligation the Government is claiming does not exists and I will be traveling to Ottawa Sunday for meetings Monday and the PC Tuesday morning. It is important that we present a unified front, that veterans of all ages and eras are seen demonstrating support for the Afghanistan wounded by standing in a row behind the principle speakers.

The Canadian Veterans Advocacy has been steadfast and resolute in support of Jim Scott and the Equitas team, indeed, our position has been somewhat justified by the government lawyers claims that veterans should approach our MP's for legislated change... No kidding. Did we not do just this in 2010 when we protested in front of MP's offices nation wide? Was not the CVA was created to continue this fight on the political level?

Yes indeedy.

The mission has yet to conclude, soon, we will once again march on parliament, we will once again encourage our government's MPs to embrace, not ignore, the obligation they have to those they send to war. We need you to stand for Equitas with us next Tuesday, if you are in the Ottawa area and wish to participate, meet us in front of the Peace Tower at 0900 hrs, if not, support our mission as we enter patrolling season next fall when parliament sits. It is our intention to engage on the national level through Remembrance Week, the focus will be the Sacred Obligation and the treatment of those who sacrificed so greatly prior to 2006 will be compared to the standards Equitas is fighting to resolve.

Are you willing to stand for your brothers and sisters? Are you willing to rally in front of your MPs office, to stand on guard for those who stand on guard for thee, to do exactly what the government's lawyers would tell us to do??????

The time has come to start getting organized in your community for a Rally in front of your MPs office, to stand for Kevin Berry, Mark Campbell, Aaron Bedard and all veterans who are subject to this grotesque policy.

We will fight, we you?

Mike, Prez, CVA

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Hi all,

Please give this the widest distribution.

I've listened to the arguments presented by both sides in the current Court proceedings to determine if the Miller Thompson/ Equitas law suit can proceed.

Regardless of the outcome, Government lawyers taught us a very important lesson this week about how the Government views Veterans. They based their argument and it's now a matter of public record in a court of law that the Government feels:
1. veterans are essentially no different than any other citizen collecting other social benefits (welfare, unemployment, etc) and we are owed nothing more.
2. there is no 'Social Contract' between veterans, the Government and the People of Canada despite it being written through out legislation and in CF publications.
3. that if citizens (Veterans in the case of the NVC) don't like the Government's laws, we are free to replace the Government through an election.

Shocking statements showing Government's arrogant, disrespectful and aggressive adversarial position against us. You may recall that as an election promise, the Conservative party committed to improving veterans benefits. Instead of changing the offending parts of the NVC that they opposed in opposition, they adopted the Liberal Government's NVC as if was their own. Now they are wasting what can amount to millions of taxpayers dollars to defend it in the courts, in a breach of our 'Social Contract' and potential breach of Constitutional law, just like they did in their losing battle against Dennis Manuge in the SISIP court case.

When the Liberal Government was rushing the NVC though Parliament before they were defeated in 2006, Minster of Veterans Affairs Albina Gueriani, with the heads of Veterans organizations present, told Members of Parliament, with the heads of Veterans organizations present, that if MP's voted against the NVC, they were voting against Veterans.

Could the same be said about Veterans organizations and individuals who continue to work 'with' the Government, including the Ombudsman, under the current circumstances of a Government who's hidden agenda treats us like a burden on society disrespecting a long established 'social contract' that once was the envy of the Allied world?

What should we make of the organizations who appear to be ignoring supported allegations and calls for explanations of how their policies and actions play a significant role in denying Veterans and their families essential benefits disrespecting the established concept of 'One Veteran'? Aren't they part of our community? Don't they owe us an explanation when asked? Is there anything we can do as a community to address this behaviour? Is the behaviour important enough to address?

On our behalf, Miller Thompson / Equitas argued to the Court that the 'Social Contract' between veterans, the Government and the people of Canada is historically owned by the people of Canada and it's not open for any governing party to manipulate it as if it were their own policy as is the current case. Should we adopt the same position? What can we do about the Government's behaviour?

In summary, the lawyers, on behalf of the Government told us that there is no 'Social Contract', we are no better than welfare recipients and we should vote the current Party out of office. In addition, the Veterans organizations seem to be working 'with' the Government and not with our community.

We know where we stand, what are we prepared to do about it as a community?

All comments including those of the organizations are encouraged to provide a balanced point of view to help us work together to find a way to move beyond the current discourse.

Sincerely

Harold

Regards,
The Canadian Veterans Advocacy Team.

http://canadianveteransadvocacy.com/Board2/index.php

Wednesday, July 24, 2013

Harold Leduc on the Equitas Class Action

Hi all,

Please give this the widest distribution.

I've listened to the arguments presented by both sides in the current Court proceedings to determine if the Miller Thompson/ Equitas law suit can proceed.

Regardless of the outcome, Government lawyers taught us a very important lesson this week about how the Government views Veterans. They based their argument and it's now a matter of public record in a court of law that the Government feels:
1. veterans are essentially no different than any other citizen collecting other social benefits (welfare, unemployment, etc) and we are owed nothing more.
2. there is no 'Social Contract' between veterans, the Government and the People of Canada despite it being written through out legislation and in CF publications.
3. that if citizens (Veterans in the case of the NVC) don't like the Government's laws, we are free to replace the Government through an election.

Shocking statements showing Government's arrogant, disrespectful and aggressive adversarial position against us. You may recall that as an election promise, the Conservative party committed to improving veterans benefits. Instead of changing the offending parts of the NVC that they opposed in opposition, they adopted the Liberal Government's NVC as if was their own. Now they are wasting what can amount to millions of taxpayers dollars to defend it in the courts, in a breach of our 'Social Contract' and potential breach of Constitutional law, just like they did in their losing battle against Dennis Manuge in the SISIP court case.

When the Liberal Government was rushing the NVC though Parliament before they were defeated in 2006, Minster of Veterans Affairs Albina Gueriani, with the heads of Veterans organizations present, told Members of Parliament, with the heads of Veterans organizations present, that if MP's voted against the NVC, they were voting against Veterans.

Could the same be said about Veterans organizations and individuals who continue to work 'with' the Government, including the Ombudsman, under the current circumstances of a Government who's hidden agenda treats us like a burden on society disrespecting a long established 'social contract' that once was the envy of the Allied world?

What should we make of the organizations who appear to be ignoring supported allegations and calls for explanations of how their policies and actions play a significant role in denying Veterans and their families essential benefits disrespecting the established concept of 'One Veteran'? Aren't they part of our community? Don't they owe us an explanation when asked? Is there anything we can do as a community to address this behaviour? Is the behaviour important enough to address?

On our behalf, Miller Thompson / Equitas argued to the Court that the 'Social Contract' between veterans, the Government and the people of Canada is historically owned by the people of Canada and it's not open for any governing party to manipulate it as if it were their own policy as is the current case. Should we adopt the same position? What can we do about the Government's behaviour?

In summary, the lawyers, on behalf of the Government told us that there is no 'Social Contract', we are no better than welfare recipients and we should vote the current Party out of office. In addition, the Veterans organizations seem to be working 'with' the Government and not with our community.

We know where we stand, what are we prepared to do about it as a community?

All comments including those of the organizations are encouraged to provide a balanced point of view to help us work together to find a way to move beyond the current discourse.

Sincerely

Harold

Regards,
The Canadian Veterans Advocacy Team.

http://canadianveteransadvocacy.com/Board2/index.php

Tuesday, July 23, 2013

Veterans suing government over disability pensions

Chris Lane, CTV British Columbia
Published Monday, July 22, 2013 6:06PM PDT
Last Updated Monday, July 22, 2013 6:11PM PDT

The federal government is asking a BC Supreme Court judge to strike down a class-action lawsuit filed by six war veterans over disability compensation.

The disabled veterans are challenging a pension program introduced in 2006, which the soldiers say violates their human rights with insufficient and arbitrary disability payments.

Veteran pensions previously fell under the Pension Act, before the New Veterans Charter was signed off seven years ago to establish more veteran-specific regulations.

Kevin Berry, one of the plaintiffs named in the lawsuit, contends that the benefits are 40 to 90 per cent worse under the new rules, and are weaker than provincial compensation plans.

The federal government argues the soldiers' concerns should not be dealt with by the courts. They say the veterans should lobby MPs instead to change the legislation.

"They're telling us that you can't sue us because you're veterans, you're not entitled to equal compensation because you're veterans," said Berry.

"We're not going to stand for that."

Jim Scott, whose son Daniel is another one of the six disabled soldiers in the class-action suit, said the court case will determine what power soldiers have to negotiate their pensions.

"What we're here to do today is to establish whether soldiers have fundamental rights under the Charter … and whether the government owes them a duty of care," said Scott.

The court hearing will continue Tuesday and Wednesday.

Read more: http://bc.ctvnews.ca/veterans-suing-government-over-disability-pensions-1.1378991#ixzz2ZsAIgAly

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July 22, 2013 first day in Court.

Only the Governments lawyers talked today. I will summarise some of the points which they made.

(1)Fiduciary Duty to Veterans is being denied by the Government (Crown)
Basically this means that Ottawa or the Crown arguing for Ottawa does not believe that they have any sacred duty to care for Veterans.

(2)The crown also argued that Canada has no obligations to provide any benefits to Veterans.

(3) They also contend that there is no obligation under legislative authority to provide the military with equal benefits.

(4) That the changes made to the act are not a matter for the court. The lawyer went on to say that there were more prudent ways to deal with this matter and when the Judge as him to name one , he suggested contacting our MP's, only later to state that government only worked incrementally not monumentally. To me at least one sort of ruled out the other, because he was saying a better way was to contact your MP for help and then said but it will take forever if at all.

I am not sure about the numbers of Veterans who showed up but it wasn't as many as I would have expected because of the seriousness of that the decision on this question might (Might) have on the future of all Veterans and RCMP disability programs.

I honestly believe if the Crown (Government) gets a ruling in their favour there will be a legal president and ruling that Ottawa has no obligation to provide any services to Veterans and furthermore have no obligation to give equal benefits, not even for equal injury.
Now granted I would not expect or at least hope for them not to cancel what is already out there but I doubt that there will be any further recipients of many of the Veterans programs already out there, including but not limited to, VIP, Education, 75% of pay for 2 years, even medical care and who will provide it comes into question.

I had to leave early due to parking issues.
End of Day one.

PS: It is now a matter of Public Record that Ottawa (Our present Government) do not believe that they owe Veterans including the injured one, ANYTHING.

Regards,
The Canadian Veterans Advocacy Team.

http://canadianveteransadvocacy.com/Board2/index.php

Tuesday, July 16, 2013

New announcement: Priority Public Service Entitlement for the surviving spouses of CF personnel

Priority Public Service Entitlement for the surviving spouses of CF personnel


The Public Service Commission of Canada has established a new priority entitlement for the surviving spouses and common-law partners of Canadian Forces personnel who have died while performing their duties.

The priority entitlement gives eligible spouses increased access to public service employment opportunities by placing their names and résumés on a priority listing for external federal government job competitions. Spouses then have the right to compete for positions and be appointed in priority to all other persons, except statutory priorities, to any term or indeterminate position in the public service for which they meet the essential qualifications.

The program will be administered by Director Casualty Support Management (DCSM) and the Public Service Commission of Canada. A representative from DCSM will be contacting all eligible spouses to make sure they are aware of this opportunity should they choose to take advantage of the entitlement.

"Director Military Family Services (DMFS) is pleased to help spread the word about this significant gesture on the part of the Canadian government, which honours and acknowledges the sacrifices of these spouses by offering them new employment opportunities that may help build a brighter future," indicated Celine Thompson, Director, DMFS.

For complete details about this opportunity, please visit the Public Service Commission's website by clicking here. A helpful list of Frequently Asked Questions about this initiative is also available.

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Amendments to the Public Service Employment Regulations Priority Entitlements

https://www.familyforce.ca/sites/AllLocations/EN/Employment%20Assistance/Pages/PSEntitlement.aspx

The Regulations Amending the Public Service Employment Regulations amend certain provisions with respect to the priority entitlements provided in the Public Service Employment Regulations (PSER). The amendments also establish a new priority right for surviving spouses or common-law partners of employees, members of the Canadian Forces and members of the Royal Canadian Mounted Police whose death is attributable to the performance of duties. The following provides a detailed description of these amendments.

(1) Persons employed in an excluded position in the Office of the Governor General's Secretary

The priority right for persons who cease to be employed in an excluded position in the Office of the Governor General's Secretary will be repealed as of the day on which the Regulations Amending the Office of the Governor General's Secretary Employment Regulations (2010) will come into force.

A mobility provision in the Regulations Amending the Office of the Governor General's Secretary Employment Regulations (2010) would allow persons appointed to an excluded position after the coming into force of these Regulations to participate in any advertised internal appointment process open to all employees for a period of one year after they cease to be employed.

Persons employed in an excluded position when this priority is repealed will continue to be given this right whenever they cease to be so employed.

This amendment serves to maintain parity between persons employed in an excluded position in the Office of the Governor General's Secretary and former members of ministers' staff who benefit from similar mobility provisions.

(2) Employees who become disabled, members of the Canadian Forces and members of the Royal Canadian Mounted Police who are released or discharged for medical reasons

The Regulations now specify the conditions under which these persons are entitled to the priority right. In order to be entitled to the priority, employees who become disabled and members of the Canadian Forces and of the Royal Canadian Mounted Police who are released or discharged for medical reasons must be certified to be ready to return to work within five years after the day on which they became disabled or were released or discharged for medical reasons, and the day specified for their return to work must also be within that same five-year period.

For members of the Canadian Forces and of the Royal Canadian Mounted Police, the Regulations specify that the person must also request the priority within the same five-year period.

In addition, the Regulations specify that the entitlement period begins on the day on which the person is ready to return to work, as certified by a competent authority, rather than on the day on which the competent authority specifies that the person is ready to return to work.
Top of Page

(3) Reinstatement priority

The word "an" has been added before the word "après" of the French version of paragraph 10(2)(a) of the reinstatement priority.

(4) Surviving spouses or common-law partners of employees, members of the Canadian Forces and members of the Royal Canadian Mounted Police whose death is attributable to the performance of duties

A new priority right in an advertised external appointment process is established for surviving spouses or common-law partners of any of the following persons whose death is attributable to the performance of duties:

An employee;
A member of the regular force of the Canadian Forces;
A member of Class A, B or C of the reserve force of the Canadian Forces as prescribed under articles 9.06, 9.07 and 9.08 of the Queen's Regulations and Orders for the Canadian Forces;
A member of the special force of the Canadian Forces;
A member, within the meaning of subsection 2(1) of the Royal Canadian Mounted Police Act, of the Royal Canadian Mounted Police; and
A member of the Reserve of the Royal Canadian Mounted Police.

The objective of this priority right is to provide surviving spouses or common-law partners of persons whose death is attributable to the performance of duties with access to indeterminate public service employment.

Surviving spouses or common-law partners eligible for this priority have the right to be appointed in an advertised external appointment process in priority to all other persons, except statutory priorities, to any term or indeterminate position in the public service for which they meet the essential qualifications. There are no restrictions with respect to the group and level or location of the position to which an appointment may be made pursuant to this entitlement, as long as the person meets the essential qualifications.

To be eligible for this priority, the surviving spouse or common-law partner must:

Not be employed in the public service for an indeterminate period at the time the request is made;
Qualify under any federally or provincially legislated plan for compensation as a result of the death of the person that is attributable to the performance of duties; and
Make a request within two years of qualifying for compensation.

The PSER defines common-law partner as "a person who is cohabitating with the individual in a conjugal relationship, having so co-habitated for a period of at least one year."

The spouse or common-law partner of a person who has died since October 7, 2001, the date on which Canada and a coalition of other countries initiated military actions in Afghanistan, is eligible to obtain the priority if they meet the following conditions:

The surviving spouse or common-law partner is not employed in the public service for an indeterminate period at the time the request is made;
The surviving spouse or common-law partner qualifies under any federal or provincially legislated plan for compensation as a result of the death of the person that is attributable to the performance of duties; and
The surviving spouse or common-law partner makes a request within two years of the latter of:
the coming into force of the priority on May 12, 2010, or
the surviving spouse's or common-law partner's having qualified for compensation.

The period of entitlement to the priority begins on the day on which the request is made and ends on the earliest of:

The day that is two years after the day on which the request is made;
The day on which the spouse or common-law partner is appointed to a position in the public service for an indeterminate period; and
The day on which the spouse or common-law partner refuses an appointment for an indeterminate period without good and sufficient reason.

For employees who died during the period between October 7, 2001, and the coming into effect of the priority on May 12, 2010, the Public Service Commission (PSC), through the Labour Program of Human Resources and Skills Development Canada, will advise the surviving spouses or common-law partners of their right to the priority entitlement and will subsequently register them. For members of the Canadian Forces and of the Royal Canadian Mounted Police who died during this period, their respective organizations will advise and register the surviving spouse or common-law partner using the Priority Information Management System electronic on-line Registration Form.

Departments and agencies are responsible for advising and registering the surviving spouses or common-law partners of employees and members whose death occurs after the coming into effect of the priority on May 12, 2010.

A new chapter has been added to the Guide on Priority Administration. To help organizations with their implementation and registration of persons who could benefit from this entitlement, the PSC has also developed a number of tools:

Frequently Asked Questions for Implementing Organizations
Sample cover letter - Surviving spouse or common-law partner of employees – Death between October 7, 2001 and May 12, 2010
Sample letter/paragraph - Surviving spouse or common-law partner of members of the Canadian Forces and the Royal Canadian Mounted Police – Death between Octber 7, 2001 and May 12, 2010
Sample letter - Employees and Members of the Canadian Forces and the Royal Canadian Mounted Police – Death After May 12, 2010
Frequently Asked Questions for the Surviving Spouse or Common-Law Partner
Registration Request Form – to be completed by survivors wishing to apply for the entitlement and returned as per the implementing organization's instructions

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You can view the full announcement by following this link:
http://canadianveteransadvocacy.com/Board2/index.php?topic=10307.0

Regards,
The Canadian Veterans Advocacy Team.

Monday, July 15, 2013

New announcement: Conservatives exploit Afghan deaths, but treat vets like 2nd class citizens

Conservatives exploit Afghan deaths, but treat vets like 2nd class citizens

By Nick Fillmore

A travelling tribute to the men and women who lost their lives in Afghanistan will arrive in your province or territory during the next year or two. http://ca.news.yahoo.com/memorial-canadians-americans-killed-afghan-war-tour-country-142408096.html The memorial, featuring plaques of the 161 Canadians killed, will be welcomed by their families and friends, but some of us will react much differently.

Former National Defense Minister Peter MacKay unveiled the temporary display in Ottawa on July 9th. http://www.forces.gc.ca/site/mobil/news-nouvelles-eng.asp?id=4884 It will be open to the public and remain on Parliament Hill through Remembrance Day, before heading off on a two-year journey across the country to visit provincial legislatures and then on to Washington.

The memorial appears to be straight-forward but, in reality, it carries with it a heavy dose of hypocrisy regarding the Conservatives' real objective of the tour and their treatment of military veterans.

The main goal of the memorial is not so much to honor those killed but to have the display instill into Canadians the idea that the Tories command a modern-day fighting machine ready to join others to defend "freedom" wherever necessary. To clearly link us to the prowess of the Americans, the display includes plaques of the 40 U.S. military personnel killed while under Canadian command in Afghanistan.

Moreover, the tour propagates "the big lie" about Canada's effort in Afghanistan. "The faces you see etched here are of those who made the ultimate sacrifice in . . . . creating a more secure environment for Afghans," claimed MacKay, well known for his frequent episodes of mendacity. http://www.forces.gc.ca/site/mobil/news-nouvelles-eng.asp?id=4884

In truth, the estimated $18.1-billion http://makingpeace.wordpress.com/2010/09/02/the-afghanistan-war-what-are-the-real-costs/ the Harper government will have spent fighting the Taliban, the 161 deaths, and more than 2,000 Canadian injuries did nothing to improve the lives of the Afghan people. The situation in Kandahar province, where Canada did its fighting, is just as bleak as when we arrived. http://www.therecord.com/opinion-story/2582163-afghan-war-was-a-waste-of-canadian-lives/

Interestingly, Canada's 'old fashioned' role of playing peacekeeper is not popular in Ottawa or in Washington. Maybe that's why the 25 Canadian peacekeeping soldiers who died in Cyprus during our 29 years there are not honored in this or any other major memorial. http://www.veterans.gc.ca/eng/history/canadianforces/factsheets/cyprus

The fact that MacKay's incompetent bureaucracy could not even get the launch of the tribute right is a sign of the government's lack of respect for the families of those killed. The tour wasn't scheduled to leave Ottawa for weeks, but the military bureaucracy, in a rush to make the announcement as soon as possible after Canada Day, failed to adequately notify many of the families so they could attend. Many families missed the event. http://www.cbc.ca/news/politics/story/2013/07/09/pol-defence-minister-peter-mackay-afghanistan.html

"It's very upsetting," Jane Byers, who was in Edmonton and the mother of a private killed by a suicide bomber, told the CBC. "This monument is like a shrine to the families. . . . . This last-minute crap is not cutting it. It's an insult and a disgrace."

The majority of the men and women completing training before being shipped off to Afghanistan probably had few life experiences. Many would have considered a walk down raunchy Yonge Street or a stroll on the stolid Sparks Street mall the most dramatic event in their life.
Those experiences would be nothing compared to what they faced in Afghanistan. As the military's recruitment ad says: "There's no life like it."
Life on the battlefield has been a living hell. Some stats:

• At least 50 members of the forces committed suicide as a result of their terrifying experiences in Afghanistan, (Interestingly, only three of those who killed themselves are honoured as part of the memorial. Several families criticize the government for moving so slowly to complete the formal death investigations.) http://www.ottawacitizen.com/news/Inquiries+into+military+suicides+remain+incomplete/8362658/story.html
• Almost 14 per cent of those who served were diagnosed with a mental health disorder, but some say this doesn't reflect the larger extent of the problem,
• A total of 5.5 per cent developed other depressive disorders, and
• A 2011 military study estimated that eight per cent of personnel deployed to Afghanistan were diagnosed with Post-Traumatic Stress Disorder (PTSD) within five years of returning home. http://www.thespec.com/news-story/3874319-14-per-cent-of-canadian-forces-in-afghanistan-had-mental-health-problems-study/
A stone-faced MacKay was at his hypocritical best when telling those present in Ottawa that the memorial was "to honour the bravery, the dedication, the valour and professionalism of the civilian and military personnel who have fallen in Afghanistan." Yet MacKay has been up to his neck in establishing new, unnecessary austerity measures that are making life miserable for many of the veterans who survived Afghanistan and other warzones.

Until two years ago, the Harper government was fighting a ruthless legal battle to deny 4,500 disabled veterans of much-needed pension money. The disabled veterans had filed a class-action lawsuit against Ottawa to stop it from clawing back a portion of their monthly Veterans Affairs disability pension. Finally, the court sided with the pensioners, and the government has had to replace the funds. http://www.huffingtonpost.ca/2012/10/01/retroactive-payments-to-d_n_1930211.html

Families of a number of mostly infirm veterans at Canada's 500-bed veterans' centre in Toronto have complained that austerity-driven staff cutbacks have led to patient neglect and abuse, such as head injuries, patients left in their own excrement, and severe bed sores. http://www.huffingtonpost.ca/2012/11/18/sunnybrook-veterans-centre-neglect_n_2155001.html

In addition, many poor veterans are denied the money required to pay for their burial. Between 2006 and 2011, the Last Post Fund, which had adopted more stringent eligibility requirements as a result of Harper's very selective austerity program, was turning down 67 per cent of the applications for support. http://www.huffingtonpost.ca/2012/11/10/last-post-fund-harper_n_2107808.html

Prime Minister Harper made a promise during the 2006 federal election, when he stated, "Our government will stand up for full compensation for persons exposed to defoliant spraying during the period from 1956 to 1984." However, the government announced a disappointing compensation package for those affected by the spraying of Agent Orange, offering payment only to those who served between 1966 and 1967. http://www.liberalsenateforum.ca/In-The-Senate/Publication/11365_Canadian-Veterans-Still-Fighting-for-their-Rights

Meanwhile, the Conservatives are closing nine Veterans Affairs Canada district offices across the country. This leaves veterans and their families without access to in-person services in many communities, including vitally needed counselling. Veterans have to rely on phone or online assistance. By 2015, Veterans Affairs will have cut 800 jobs and there are plans to shut more district offices. http://www.psac-afpc.com/news/2013/issues/20130125-e.shtml

I have left the biggest lie for last. The Department of Defence has been chopping away chunks of expenses for months, claiming that severe austerity measures were necessary to meet its' budget objectives. Records show that the Department has a whopping $2.3-billion it has not spent for the budget year ending March 31, 2013. (http://www.huffingtonpost.ca/2013/07/12/national-defence-spending_n_3581572.html?utm_hp_ref=canada-politics)

The Department says that when all the bills are paid and adjustments are made, the surplus will not be so large. What will be the extra amount then? Perhaps $1.5-billion?

And what of the way veteran pensioners are being nickel-and-dimed?

At first I thought the problem was government incompetence. But I don't think so.

Instead, I must conclude that these Conservative overlords are mean-spirited, heartless, basically evil ideologues who are perfectly happy to play another one of their devious games of manipulating budgets so they can downsize and destroy government over a number of years.
This time they are fighting their battle on the backs of poor and injured veterans – the parents and grandparents of those new recruits that the Conservatives so gladly shipped off to the no-man's deserts of Afghanistan.

Nick Fillmore is a Toronto freelance journalist who earlier worked in many journalistic capacities at the CBC over nearly 30 years. In addition, his work has been widely published across Canada. Nick is a founder of the Canadian Association of Journalists and the International Freedom of Expression eXchange. His articles also appear on his blog nickfillmore.blogspot.com Comments are welcome at: fillmore0274@rogers.com

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Regards,
The Canadian Veterans Advocacy Team.

Canadian Veterans Advocacy: Subject

efence, Veterans Affairs to get tough love in cabinet swap: experts


By Murray Brewster, The Canadian Press July 15, 2013 3:05 PM



Story
Photos ( 1 )


Defence, Veterans Affairs to get tough love in cabinet swap: experts

Minister of Justice Peter MacKay, right, speaks with Minister of National Defence Rob Nicholson during a Cabinet swearing in ceremony at Rideau Hall in Ottawa on Monday, July 15, 2013. THE CANADIAN PRESS/Adrian Wyld

OTTAWA - The appointments of Rob Nicholson and Julian Fantino to oversee defence and veterans affairs signals both departments are in for some tough love, observers said Monday in the wake of cabinet makeover.

The shuffling of Peter MacKay to the justice portfolio from defence removes one of the major roadblocks Prime Minister Stephen Harper faced in overhauling National Defence along the lines he has wanted since a report on military transformation two years ago.

Nicholson, former justice minister, will be able to implement long-sought changes without worrying about allegiances MacKay accumulated in years as a stalwart supporter of the troops, says a defence analyst.

"If he is carrying a message from the prime minister, he can implement changes ... without any worry of damage to his reputation as a minister," said Douglas Bland, a retired soldier and chair of the defence management studies at Queen's University in Kingston, Ont.

"In fact, he could be seen as someone coming in to sweep clean the old process."

Nicholson inherits a department struggling to define itself post-Afghanistan and to live within a shrinking budget that could be as much as $2.5 billion lighter by next year.

It is a mess, said historian Jack Granatstein, a senior fellow the Canadian Defence and Foreign Affairs Institute.

"They have a (chief of defence staff) who is likely going to be more pliant than the previous one. They have a new minister who knows, near as I can tell, nothing about DND or the military, and this may be the time to make DND change."

Fantino's appointment in the sometimes volatile veterans affairs portfolio was greeted with caution by advocates, some of whom worry whether the former top cop in Ontario will have a sympathetic ear for restless ex-soldiers dealing with the aftermath of the war.

"If the objective is to put Minister Fantino in there to bring a state of order, or blunt our efforts on advocacy, good luck with that because it's not going to work," said Mike Blais, president of Canadian Veterans Advocacy.

"We have expectations, particularly of the new minister because of his law-enforcement background."

The swap of responsibilities between MacKay and Nicholson also brings an end to the perceived political rivalry between Harper and MacKay, which seemed evident over two years ago when the prime minister stripped military procurement responsibilities away from the defence minister and created an associate ministerial post.

MacKay's responsibility was further eroded when Public Works took over the stealth fighter and fixed-wing search plane programs.

Bland said it may have been an attempt at damage control, given the mushrooming procurement fiascoes; or it may have been an attempt at the time to entice MacKay to quit.

"I was a bit surprised MacKay didn't say: 'To hell with you. I'm resigning.' But he stuck around," said Bland.

Granatstein was more blunt, saying MacKay was "done in by the centre," a reference to the Prime Minister's Office and its bureaucratic arm, the Privy Council Office.

A spokeswoman for Harper confirmed Monday the shuffle eliminates the position of associate defence minister and returns purchasing responsibility to the defence minister.

Bland said the cabinet shuffle did not address a fundamental question of who is really in charge of military procurement, a problem that has plagued National Defence and vexed the Conservatives with some of their biggest political embarrassments.

MacKay, one of the country's longest-serving defence ministers, faced his share of political controversy, including allegations he hitched a lift on a search-and-rescue helicopter while returning from vacation.

Perhaps more damaging, MacKay wore the controversy over the planned purchase of the F-35 stealth fighter. The auditor general said National Defence and Public Works hid the enormous cost and didn't do their homework to justify it.

MacKay's political obituary was written countless times in a department that seemed never far from fiasco, especially throughout the Afghan war.

Despite that, MacKay remained popular with the troops who saw him participating in boot camps and other physical activities.

"He rolled around in the mud with them," said Liberal defence critic John McKay. "I'm sure they appreciated that, and it's not something Rob Nicholson will be doing."

The problem was that MacKay rarely said "no" to the brass and the shuffle seems to be an attempt to establish more civilian control over the military, said McKay.

At an event last week to inaugurate a memorial to those killed in Afghanistan, MacKay described being defence minister "as the single greatest honour" of his life.

Read more: http://www.vancouversun.com/news/Defence+Veterans+Affairs+tough+love+cabinet+swap+experts/8662866/story.html#ixzz2Z9gHeqFK


Regards,
The Canadian Veterans Advocacy Team.

http://canadianveteransadvocacy.com/Board2/index.php

Sunday, July 14, 2013

New announcement: Hard-won lessons of Afghan war on 'life support,' outgoing army commander warns

Hard-won lessons of Afghan war on 'life support,' outgoing army commander warns

By Murray Brewster, The Canadian Press July 14, 2013 4:30 PM

http://www.ottawacitizen.com/news/Hardwon+lessons+Afghan+life+support+outgoing+army/8658566/story.html

OTTAWA - Budget restraint and under-spending at National Defence have left some of the army's hard-won capabilities from the Afghan war on "life support," says the outgoing commander of the Canadian Army.

The federal government needs to recognize that intelligence operators are as much a part of today's front line as soldiers and tanks, said Lt.-Gen. Peter Devlin, whose three-year tenure as Canada's top soldier comes to an end Thursday.

"I am unusually proud that there is an army that has been reloaded and I've spent an incredible amount of energy and effort to pay respect to the lessons that were learned with blood in Afghanistan," Devlin said in an interview with The Canadian Press.

Much of Devlin's 35-year career in the military was spent in the field in Afghanistan, as well as in Iraq as an exchange officer with the U.S. Army.

But the transition from the front line to Ottawa's political trench warfare can be daunting, and Devlin's candid — but tactful — assessments of the effect of budget-slashing at National Defence have been like fingernails on a chalkboard to a government that's staked much of its reputation on embracing the military.

Before a Senate committee last December, Devlin revealed the army's baseline budget had been cut by 22 per cent and warned there was little fat to cut throughout the organization — a view that did not sit well in political circles.

It has been a scramble to maintain not only training, but elements Devlin described as the "softer skills" essential to fighting modern wars, such as intelligence, surveillance and expertise in countering improvised explosive devices.

"Some of them, to be quite frank, are on life support," he said. "Some are important; others we have had to make rough choices."

Each of those elements figured prominently in the hit-and-run war against the Taliban, and yet the army has found itself redirecting soldiers from infantry, armoured and artillery regiments in order to maintain the necessary intelligence capability.

The ranks of troops who conduct information and electronic warfare — more important than ever on the modern-day battlefield — are stretched thin, Devlin said. "The definition of what soldiers are considered the pointy end of the stick is much broader now, and I would argue that the intelligence analyst is a pointy-ended soldier today."

The army is pushing it, he said, but has "just enough" door gunners for training to man the new CH-47F Chinook helicopters, which began arriving last month.

Equipment such as surveillance balloons and electronics towers, used to keep 24-hour watch over the battlefield, are instead packed up in storage and used sparingly for training because of shrinking budgets, he added.

"If our training scenarios are not rich enough to keep those skills honed at the level they should be, it will mean we will take extra time, extra training and extra resources to bring them up to an appropriate level to represent Canada professionally — the way Canada needs to be represented — domestically or internationally."

A series of internal briefings, released to The Canadian Press over the last year, echo Devlin's concerns, including one memo that warns of possible "degradation," particularly in intelligence.

"Recent operational experience has reinforced the conviction that deployed land forces ... depend on a sophisticated (human intelligence) network that draws from all sources," said the April 8, 2011, briefing, obtained under the Access to Information Act.

The army found itself hobbled at the beginning of the Kandahar mission in 2005, by the absence of that sophisticated ground network of sources, and by its lack of experience in interrogating prisoners.

Defence analysts have been warning for months that while the army has been able to maintain training at the highest level for quick reaction units, which are designed to deploy in a crisis, its ability to mount a sustained operation similar to the one in Afghanistan has been compromised by cuts to training and readiness.

Devlin's comments come just days after the parliamentary budget office revealed that National Defence had under-spent its budget by as much as $2.3 billion last year — bringing the cumulative total of unused funds to $9.6 billion since 2006.

The department claims some of that cash is the result of government belt-tightening in the form of strategic review and deficit reduction, which combined could carve as much as 13 per cent a year out of the defence budget.

When asked last week, the department refused to provide detailed figures. But Stephen O'Connor, the associate deputy minister of financial services, told CTV on Friday that the figures for under-spending last year were not as bad as the budget office made it seem.

O'Connor estimated the number at slightly less than $1.5 billion. "That's still a large number, we understand that, but there are reasons behind that number," he said.

To unsubscribe from these announcements, login to the forum and uncheck "Receive forum announcements and important notifications by email." in your profile.

You can view the full announcement by following this link:
http://canadianveteransadvocacy.com/Board2/index.php?topic=10285.0

Regards,
The Canadian Veterans Advocacy Team.

Wednesday, July 10, 2013

Privacy Violation as a Weapon Against Veterans

**Privacy Violation as a Weapon Against Veterans**
Privacy Violation -- Snooping in files one has no legitimate need to see
Privacy Violation -- Bureaucrats using your private information to attack you.
Privacy Violation -- Co-workers using your private records to bully you.
Privacy Violation - A great way to advance your career.
Privacy Violation -- A weapon used by government to stifle dissent.
http://canadianveteransadvocacy.com/Board2/index.php?topic=6327.msg10985;topicseen#msg10985

Regards,
The Canadian Veterans Advocacy Team.

http://canadianveteransadvocacy.com/Board2/index.php

New announcement: 2012 - Permanent Impairment Allowance (PIA) and PIA Supplement

2012 - Permanent Impairment Allowance (PIA) and PIA Supplement

Permanent Impairment Allowance (PIA) and PIA Supplement
Issuing Authority: Director General, Policy
Effective Date: May 18, 2012

This policy replaces the following VPPM 5 policy: 7.1.1 - Permanent Impairment Allowance (PIA) and PIA Supplement.

Purpose
Policy
General
Application
Eligibility
Ineligibility
Amounts Payable
Date Payable
Definition in Regulation
Definition in Policy
Overlapping Medical Conditions
Assessment of Grade Level
Reassessment of a Grade Level
Extent of Impairment
Supplement Eligibility
Supplement Amounts Payable
Supplement Date Payable
Supplement Duration of Payment
Suspension
Cancellation
Death of the Veteran/Applicant
Review of Decisions
References

Purpose

This policy provides guidance for the administration of the Permanent Impairment Allowance (PIA) and the PIA supplement.
Policy
General

The PIA was developed to recognize that severe permanent impairment may lead to economic loss with respect to employment potential and career advancement opportunities, and to compensate Canadian Forces (CF) Veterans for these losses.
For the purposes of this policy, the increase to the PIA legislated by subsection 38(3) of the Enhanced New Veterans Charter Act, which came into force October 3, 2011, will be described as the "PIA supplement."
The PIA and the PIA supplement are taxable, monthly allowances payable for life or until such time as the Veteran no longer meets the eligibility requirements for payment. The amount of PIA payable is based on the extent of the Veteran's permanent and severe impairment and the payment of the PIA supplement is based on whether the Veteran is totally and permanently incapacitated to the extent that prevents the Veteran from performing any occupation that would be considered to be suitable gainful employment.

Application

Given the eligibility requirements of PIA and the PIA supplement, Veterans Affairs Canada (VAC) may already have all the medical records and other necessary information to make a decision on the Veteran's VAC file. It is important that the Veteran's personal information be protected and that the Veteran provide informed consent for the Department to use their information, particularly when this information is held on the VAC file for other purposes, such as the determination of eligibility for other VAC benefits.
An application for the PIA or the PIA supplement is a process rather than the submission of a single form.
A complete application for PIA, an increase in the grade level due to a reassessment, and the PIA supplement must be made in writing by the Veteran or the Veteran's legal representative and shall include,
a complete and signed VAC approved application form(s), which contains a declaration attesting to the truth of the information provided. Letters may be acceptable in lieu of an application form if they are accompanied by a signed affidavit or declaration attesting to the truth of the information provided;
medical reports or other records which document the health problem(s) creating the permanent and severe impairment or the total and permanent incapacity, as the case may be; and
at the request of the Minister, other information that is necessary to determine eligibility and calculate the amount payable.
The Veteran is considered to have made an application for the PIA and the PIA supplement when all of the application requirements identified above are met to the satisfaction of the Department.

Eligibility

PIA is payable to a Veteran who:
has one or more physical or mental health problems that are creating a permanent and severe impairment, and
the Veteran has, in respect of each of those health problems,
had an application for rehabilitation services approved; and
received a disability award or a disability pension, or would have received an award or pension but has not as the sum of the Veteran's assessments and deemed assessments exceeds 100%, or has not received a disability award as the disability has not yet stabilized.
The phrase "has had an application for rehabilitation services approved" will include those cases where the Veteran has already completed a rehabilitation plan. It will also include those cases where it is determined, based on assessment, that the client is totally and permanently incapacitated.

Ineligibility

A Veteran who has received or is receiving an exceptional incapacity allowance under the Pension Act is not eligible to be paid a PIA. (See Exceptional Incapacity Allowance.)

Amounts Payable

The PIA payable is commensurable with the Veteran's assessed grade level with Grade 1 being paid at the maximum amount and Grade 3 the minimum amount as set out in items 1 and 2, Column 2, Schedule 2 of the, Canadian Forces Members and Veterans Re-establishment and Compensation Act (CFMVRCA). Grade 2 is payable at a rate that is midway between Grade 1 and 3. Rates are indexed annually; payments are made monthly.

Date Payable

The PIA and an increase in the grade level due to a reassessment, begins to be payable on the later of:
the day on which the application for the allowance was made (see the Application section of this policy); and
the day that is one year prior to the day on which the application for the allowance is approved, i.e. one year prior to the decision date.
The effective date cannot pre-date the later of the decisions by which the Veteran has an application for rehabilitation services approved and has been granted a disability benefit for the health problem(s) that are causing the permanent and severe impairment.
The effective date of PIA cannot predate October 3, 2011 (i.e. the implementation date of the Enhanced New Veterans Charter Act) unless the eligibility criteria in effect prior to this date are met.
Where eligibility for PIA is granted based on the criteria set out in the Permanent Impairment Allowance Eligibility section of this policy, the effective date of the award of PIA cannot pre-date October 3, 2011 when the legislative amendments, which expanded the former criteria, came into force.

Definition in Regulation

As per section 40 of the Canadian Forces Members and Veterans Re-establishment and Compensation Regulations, a permanent and severe impairment is:
an amputation at or above the elbow or the knee;
the amputation of more than one upper or lower limb at any level;
a total and permanent loss of the use of a limb;
a total and permanent loss of vision, hearing or speech;
a permanent and severe psychiatric condition;
a permanent requirement for physical assistance of another person for most activities of daily living; or
a permanent requirement for supervision.

Definition in Policy

For the purposes of this policy the following definitions apply:
"Permanent" means that the impairment or requirement is expected to persist indefinitely despite treatment or interventions. With respect to the impairment, although the signs and symptoms may wax and wane over time; further recovery or deterioration is not anticipated.
"Activities of daily living" (ADL) are a set of activities necessary for normal self-care:
feeding
washing
dressing
grooming/personal care
ambulation / mobility / transfers/ foot care
toileting
taking medication
"Permanent and severe impairment" is defined as any one of the following:
An amputation, or loss by physical separation, of a limb at or above the elbow or the knee; or
Two or more amputations of limbs at or above the ankle, or at or above the wrist; or
The permanent loss of use of a limb such as may result from a permanent paralysis of an arm or a leg to the extent that it is essentially useless for any practicable purposes in carrying out activities of daily living. Consideration should also be given to severe amputations that contribute to the loss of use of a limb at any level; or
Legal blindness which is defined by the Canadian National Institute for the Blind as worse than or equal to 20/200 with best correction in the better eye or a visual field extent of less than 20 degrees in diameter; or
A loss of hearing of at least 300 Decibel Sum Hearing Loss (DSHL) over four frequencies in both ears; or
A loss of speech such that the Veteran's audible communication has been reduced to a level insufficient to meet needs of everyday speech and conversation; or
A psychiatric condition, diagnosed according to the most recent version of the Diagnostic Statistical Manual of Mental Disorders, that presents at least once per week symptoms of considerable impairment of a Veteran's functioning in the areas of thought and cognition; emotion, behaviour and coping; activities of daily living; and/or treatment needs; or
The Veteran is unable to perform independently tasks associated with at least four ADLs, as defined in this section and hence requires help from another person to carry out the ADLs. The level of assistance may vary from minimal to complete care. For example:
the Veteran may be able to put on his shirt, but requires the assistance of another person to fasten buttons;
the Veteran may be able to wash his upper body, but requires the assistance of another person to wash his back and legs;
the Veteran may be able to eat by himself, but requires the assistance of another person to cut up all his food; or
the Veteran may require someone to complete all personal care.
Consideration may also be given to a client who requires an inordinate amount of time to carry out ADLs. While this should normally be addressed through the provision of assistance with ADLs, there may be some situations where assistance is not provided, for example an individual who lives alone in a geographically remote area where physical assistance with ADLs would not be available, or an individual who prefers to do things independently irrespective of the amount of time it takes to complete the task; or
The Veteran requires supervision on at least a twice per week basis for at least one hour per visit, and is considered safe when left alone for longer periods of time.

Overlapping Medical Conditions

In some situations, it will be difficult, if not impossible, to medically separate the impact of a health condition for which a disability benefit has been granted from other non-awarded health conditions. In circumstances where there is a reasonable doubt or uncertainty as to whether the permanent and severe impairment is due to the health problem for which the applicant is in receipt of a disability benefit, then the reasonable doubt or uncertainty may be resolved in the Veteran's favour.

Assessment of Grade Level

The PIA is payable at three grade levels, based on the extent of the permanent impairment, considering such factors as the need for institutional care, the need for supervision and assistance, the degree of the loss of use of a limb, the frequency of symptoms, the degree of psychiatric impairment and the degree of loss of earnings capacity for persons with similar impairments.
The grade level is determined using the criteria provided in the Extent of Impairment section of this policy.

Reassessment of a Grade Level

A Veteran may apply in writing for a reassessment of the grade level of the PIA. (See the Application section of this policy for more information.)
The effective date of any increase in the PIA grade level is defined in the Date Payable section of this policy.
The effective date of any decrease in the PIA grade level will be effective the date of the next payment.

Extent of Impairment

Note: For the purposes of the following information, "frequent" means at least once per week, and persistent" means daily or almost daily.

Grade 1: Most severe level of physical, functional and/or mental impairment. To determine that Veterans have this extent of impairment, they must meet at least one of the following criteria:
Functionally, these Veterans:
require long-term hospitalizations; or
are approaching the need for institutionalization or be institutionalized; or
require daily physical assistance with all activities of daily living (ADL); or
level of assistance required to perform ADLs has increased compared to Grade 2; or
daily supervision and are not considered safe when left alone.
OR
Physically, these Veterans include those who have:
quadriplegia; or
paraplegia; or
bilateral upper extremity amputation (at or above wrist); or
bilateral lower extremity amputation (at or above the ankle).
OR
Mentally, these Veterans:
show obvious signs and behaviour that are influenced by delusions or hallucinations not controlled with psychiatric care and demonstrate gross impairment in communication or judgement i.e. grossly inappropriate, incoherent or mute; or
require total care and supervision in the home or an institutionalized setting.

Grade 2: Lesser extent of functional, mental and/or physical impairment than those in Grade 1. To determine that Veterans have this extent of impairment, they must meet at least one of the following criteria:
Functionally, these Veterans:
require daily physical assistance in performing 4 activities of daily living (ADL); or
level of assistance required to perform ADLs has increased compared to Grade 3; or
requires daily supervision and is considered safe when left alone for very short periods of time, such as 2 to 3 hours during the day, or 5 to 6 hours overnight.

OR
Physically, these Veterans include those who have:
a complete and permanent loss of vision; or
irrecoverable loss of use of an upper and lower limb; or
a single upper or lower limb amputation at the hip or shoulder (no viable stump); or
double limb amputations, i.e. at or above the ankle for the lower extremity and at or above the wrist for the involved upper extremity (viable stump).

OR
Mentally, these Veterans include those who:
suffer from a psychiatric condition with persistent symptoms of extreme impairment of one's ability to think clearly, respond emotionally, communicate effectively, understand reality and behave appropriately. There is overt evidence of the disease, chronic psychotic illness; or
suffer from a psychiatric condition which require long periods of inpatient hospital care or a combination of inpatient hospital care and outpatient care (greater than 8 weeks, cumulative, within a 6 month period); e.g. a full time day program; or
require recurrent hospitalization, i.e. greater than 3 times per year, without recovery.

Grade 3: Lesser extent of functional, mental and/or physical impairment than those in Grade 2. To determine that Veterans have this extent of impairment, they must meet at least one of the following criteria:
Functionally, these Veterans:
require physical assistance for 4 activities of daily living; or
require supervision on at least a twice per week basis for at least one hour per visit, and is considered safe when left alone for longer periods of time.

OR
Physically, these Veterans include those who have:
a total and permanent loss of hearing; or
a total and permanent loss of speech; or
a single upper extremity amputation at or above the elbow; or
a single lower amputation at or above the knee; or
irrecoverable loss of use of a limb.
OR
Mentally:
these Veterans suffer from severe and frequent symptoms of moderate to extreme impairment of one's ability to think clearly, respond emotionally, communicate effectively, understand reality and behave appropriately causing considerable distress; or
these Veterans suffer from persistent depressive and anxiety symptoms causing persistent distress requiring chronic use (greater than 2 years) of medication and psychiatric care with no period of sustained recovery and all recreational and social activities are abandoned.

Supplement Eligibility

The PIA supplement is payable to a Veteran who:
is in receipt of PIA (see the Eligibility section of this policy); and
has been determined to be "totally and permanently incapacitated" (TPI.)
Veterans who have been approved for rehabilitation services may be determined to be "totally and permanently incapacitated" if the Veteran is incapacitated by a permanent physical or mental health problem, for which rehabilitation services were approved, that prevents the Veteran from performing any occupation that would be considered to be suitable and gainful employment. For guidance regarding the TPI determination, see the Totally and Permanently Incapacitated policy.

Supplement Amounts Payable

Eligible Veterans will receive a monthly permanent impairment allowance (PIA) supplement as set out in item 2.1, column 2, Schedule 2 of the CFMVRCA. The supplement is paid in addition to the amount payable commensurate with the Veteran's PIA grade level and is indexed annually.
The grade level does not affect the amount of supplement payable; the supplement is a flat rate irrespective of grade level.

Supplement Date Payable

The PIA supplement begins to be payable the later of:
the day on which the application for the supplement was made (see the Application section of this policy); and
the day that is one year prior to the day on which the application for the supplement is approved, i.e. one year prior to the decision date.
The effective date cannot pre-date the later of the decisions by which the Veteran is determined to be "TPI", and is determined to be eligible for a PIA for the physical or mental health problems that are creating a permanent and severe impairment.
The effective date cannot predate October 3, 2011 (i.e. the implementation date of the Enhanced New Veterans Charter Act.)

Supplement Duration of Payment

The PIA supplement will continue to be payable until such time as the Veteran is either:
no longer eligible for the PIA; or
no longer considered to be totally and permanently incapacitated.

Suspension

A Veteran who is in receipt of the PIA shall provide on request medical records, reports or any other information that is necessary to enable the Minister to assess continued eligibility for the PIA, the PIA supplement or the amount payable (i.e. Grade level).
The Minister may suspend the payment of the PIA and/or the PIA supplement to a Veteran who fails to submit requested information until such information or documentation is provided.
Before suspending the payment to a Veteran, the Minister shall provide the Veteran with written notification of the reasons for the suspension and the effective date of the suspension.
In cases where the PIA and/or PIA supplement are suspended, the payment shall resume when the requested information or documents have been received and the effective date will be the date from which the payment was suspended.

Cancellation

The Minister may, for the purposes of determining whether a Veteran may continue to receive the PIA and/or the PIA supplement, require the Veteran to undergo a medical examination or assessment by a person specified by the Minister. If a Veteran fails without reasonable excuse to do so, the Minister may cancel the PIA and/or the supplement.
On cancelling the payment of the PIA and/or PIA supplement, the Minister shall provide the Veteran with written notification of the reasons for the cancellation, the effective date of the cancellation and their rights for review.
In cases where the PIA and/or supplement is cancelled, the payment shall be discontinued effective the date of the next payment. Where an allowance has been suspended, the cancellation will be effective from the date of the suspension.

Death of the Veteran/Applicant

PIA and PIA supplement payments cease the first day of the month following the date of the Veteran's death.
In the event that a Veteran dies prior to receiving a PIA payment, and supplement if applicable, the PIA and PIA Supplement may be payable to the Veteran's estate if:
the Veteran had completed an application for the allowance; and
prior to the applicant's death the Minister had communicated a favourable decision to the Veteran.

Review of Decisions

A Veteran who is dissatisfied with any PIA or PIA supplement decision may request a review in writing no later than 60 days after receiving notice of the decision unless circumstances beyond the control of the applicant necessitate a longer period. (See the Review Process – Part 2 – CFMVRCA policy.)

References

Enhanced New Veterans Charter Act

Canadian Forces Members and Veterans Re-establishment and Compensation Act – Sections 38, 39, 40, 83, and Schedule 2.

Pension Act

Canadian Forces Members and Veterans Re-establishment and Compensation Regulations – Sections 40 to 46, 68, and 69.

Totally and Permanently Incapacitated policy

Review Process – Part 2 – Canadian Forces Members and Veterans Re-establishment and Compensation Act

-------------------

Review Process - Part 2 - Canadian Forces Members and Veterans Re-establishment and Compensation Act

Issuing Authority: Director General, Policy
Effective Date: May 18, 2012

This policy replaces the following VPPM 5 policy: 1.1.3 Review Process – Part 2 – Canadian Forces Members and Veterans Re-establishment and Compensation Act.

Purpose
Policy
Definitions
General
Reviews on Application — First level review decisions
Reviews on Application — Second level review decisions
Reviews on the Minister's Own Motion
Effective Date of Review Decisions
References

Purpose

This policy outlines the review process for decisions made under Part 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act (CFMVRCA). Part 2 of the Act provides the authority for the provision of rehabilitation services, vocational assistance and financial benefits which include Earnings Loss, Canadian Forces Income Support, the Supplementary Retirement Benefit, the Permanent Impairment Allowance and the Permanent Impairment Allowance Supplement.
Policy
Definitions

A "review" is a re-examination of evidence or information which pertains to a previous decision.
"New evidence" is evidence that is relevant to the applicant's case, that was not previously submitted and considered by Veterans Affairs Canada (VAC) at the time of the previous decision and that is not merely a re-statement of the information that was previously presented to VAC.
A review "on application" means that a person submits a request to have a decision reviewed by VAC.
A review "on the Minister's own motion" means that a review of a decision is initiated internally by VAC staff. "Minister" in this context includes public servants who serve within VAC.

General

Part 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act provides authority to render rehabilitation, vocational assistance and financial benefit decisions.
Before an eligibility decision can be made, an application for the program or benefit must be submitted. Potential applicants should be counselled, i.e. provided information regarding eligibility requirements and program benefits, and be offered the opportunity to apply should they desire.
All Part 2 decisions must be communicated in writing and must state the reason(s) for the decision and provide information regarding the process for exercising their rights for review and time limits for applying for a review, as described in this policy.
Individuals who have received a Part 2 decision have the right to apply for two levels of review. VAC may also initiate a review on the Minister's own motion to correct any errors in fact or law.
Decisions regarding, but not limited to eligibility, cancellation of services or benefits, the amount of financial benefits payable and services and related expenses included in a rehabilitation plan or vocational assistance plan may be reviewed.
A review must not be conducted by the same official who made or was involved with the decision under review. Each level of review must be conducted by an official who was not involved with the previous decision(s).
The correction of minor typographical errors that do not affect the substance of the decision does not require a formal review process. In these cases the affected person should be provided written notification of the error identified and the correction made.

Reviews on Application — First level review decisions

A person who is dissatisfied with an original decision or a decision made on the Minister's own motion may apply for a review of that decision. There is no requirement to present the grounds or reason for the review.
An application for a first level review must be in writing and be submitted no later than 60 days after receiving notice of decision. Applications submitted after 60 days may be considered if circumstances beyond the control of the applicant necessitate a longer period.
The first level review must be based only on written submissions.
The decision under review may be confirmed, amended or rescinded.
The review decision must be communicated to the applicant in writing, and reasons for the decision must be provided. Applicants must be advised of their right to seek a review of this first level review decision.
Applicants must be informed of their obligation, should they request a second level review, to provide the following information as grounds or reasons for requesting further review:
New evidence; or
Information regarding an error with respect to any finding of fact or the interpretation of law.

Reviews on Application — Second level review decisions

A person who is dissatisfied with a first level review decision has a right to apply for a review of that decision. The application for review must include the grounds for review as specified in paragraph 17.
The application for a second level review must be in writing, and must be submitted within 60 days of receiving notice of the first level review decision.
The second level review must be based only on written submissions.
The decision under review may be confirmed, or amended or rescinded on the basis of new evidence, or if there is an error with respect to a finding of fact or interpretation of law.
The review decision must be communicated in writing with reasons for the decision provided. The decision letter must specifically address the grounds for review presented by the applicant in the reasons for the decision.
The second level of review is the final level of review on application.

Reviews on the Minister's Own Motion

All decisions made under Part 2 of the CFMVRA, including original, first level and second level review decisions, may be reviewed on the Minister's own motion.
A Minister's own motion review may be initiated on the basis of an apparent error in fact or law. These reviews cannot be initiated on the basis of new evidence.
VAC staff may initiate a Minister's own motion review at any time. There are no time limits for conducting a review on the Minister's own motion.
The decision under review may be confirmed, or amended or rescinded if there is an error with respect to the finding of any fact or the interpretation of any law.
Prior to amending or rescinding a decision that would result in the reduction or removal of eligibility and/or services or benefits, VAC must write to the affected person, advise of the nature of the alleged error and provide an opportunity to respond in writing. The affected person must respond within 30 days of receiving notice of the intention to amend or rescind the decision.
After considering the response received from the affected person, or if no response is received within 30 days, the final Minister's own motion decision must be communicated in writing to the affected person. Reasons for the new decision, as well as information regarding rights for review, must be provided.

Effective Date of Review Decisions

Each Part 2 program and benefit uses a unique method for determining the effective date. When a review decision amends or rescinds a previous decision, the date of the review decision is the date used to determine the effective date.
Example: Effective date of Rehabilitation Program eligibility and Earnings Loss for a Veteran following a review of a Rehabilitation Program eligibility decision. A Veteran applies for the Rehabilitation Program on March 15. On March 24 the Veteran is found not eligible. The Veteran applies for a review of that decision on April 19. On May 3 a review occurs and it is determined that the Veteran is eligible for the Rehabilitation Program. As there is no authority to pre-date the decision date for Rehabilitation Program eligibility decisions, the effective date is the date of the review decision, May 3. The earliest date that Earnings Loss may be payable to the Veteran is also May 3.

For further guidance on how to determine the effective date, refer to the policy for the relevant Part 2 service or benefit.

References

Canadian Forces Members and Veterans Re-establishment and Compensation Act, Sections 67.(1) and (2), 76.(1), (2) and (3), 77 and 83.

Canadian Forces Members and Veterans Re-establishment and Compensation Regulations, Sections 14.(2), 26.(2), 35.(2), 46, 68, 69, 71 and 72.(1).

Rehabilitation Services and Vocational Assistance - Eligibility

Earnings Loss Benefit - Eligibility Period

Supplementary Retirement Benefits - General

Canadian Forces Income Support - Application and Effective Date

Permanent Impairment Allowance (PIA) and PIA Supplement

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The Canadian Veterans Advocacy Team.

Monday, July 8, 2013

New announcement: GoC Intends To Restore Cdn Army Rank Insignia, Names and Badges To traditional

Government Intends To Restore Canadian Army Rank Insignia, Names and Badges To Their Traditional Forms

News release from DND:

July 8, 2013. 1:59 pm • Section: Defence Watch

HALIFAX, NOVA SCOTIA–(Marketwired – July 8, 2013) – The Honourable Peter MacKay, Minister of National Defence, announced today the Government of Canada's intent to restore Canadian Army rank insignia, names and badges to their traditional forms.

"Our Government is committed to honouring the traditions and history of the Canadian Army," said Minister MacKay. "The restoration of these historical features will encourage the esprit de corps of our soldiers and reinforce a rich military tradition that will continue to develop as they serve their country. Wherever I travel in Canada, these changes continue to be cherished in the hearts of our veterans."

The changes include the re-introduction of divisional nomenclature and patches for the current Land Force Areas; traditional rank insignia for officers; corps shoulder titles from the restoration of Royal titles to a number of Canadian Army corps in April 2013; and the Canadian Army's secondary badge. Further, the Minister of National Defence announced the intention to restore the historical Army rank names for non-commissioned members.

"The restoration of these features is a significant step in the restoration of the Canadian Army's traditions," said Lieutenant-General Peter Devlin, Commander of the Canadian Army. "Symbols and traditions establish links to soldiers' heritage, and are important. It is very significant that our non-commissioned members have the prospect of being able to bear the same ranks as their forbearers, and our officers will proudly wear the same insignia worn by Canadians who fought in the First and Second World Wars and Korea."

These restorations are the next step in the phased approach that began in August 2011, when the historical name of the Canadian Army was restored. Stemming from this initial restoration, and in line with historical lineage, the Canadian Army's secondary badge will be reinstated, and the Land Force Areas will be renamed under division names, with division patches introduced accordingly.

Additionally, following from the restoration of traditional titles to a number of Canadian Army corps, shoulder titles for members of these corps will be restored. The intent is also to restore historical rank names for non-commissioned members, the traditional and internationally recognized convention of army insignia of stars and crowns for officers, and gorget patches for colonels and general officers.

(below from the DND/CF backgrounder):

When the Government of Canada announced that it was reinstating the historical name of the Canadian Army in August 2011, it restored an important part of the Canadian Army's heritage. The restoration of traditions related to the historical identity of the Canadian Army appropriately reflects the re-designation of the institution.

The proposed changes include the re-introduction of divisional nomenclature and patches for the current Land Force Areas; traditional rank insignia for officers; corps shoulder titles following the restoration of traditional titles to a number of Canadian Army corps in April 2013; and the Canadian Army's secondary badge. Further, the Minister of National Defence announced the intention to restore the historical Army rank names for non-commissioned members.
Divisional Nomenclature and Patches

Land Force Areas will be renamed as divisions and Canadian Army personnel will wear appropriate division patches. Formations will be renamed as follows:

Land Force Quebec Area will be referred to as "2nd Canadian Division";
Land Force Western Area will be referred to as "3rd Canadian Division";
Land Force Central Area will be referred to as "4th Canadian Division";
Land Force Atlantic Area will be referred to as "5th Canadian Division"; and
Land Force Doctrine and Training System will be referred to as "Canadian Army Doctrine and Training Centre".

There will be no change to 1st Canadian Division Headquarters.
Corps Shoulder Titles

Following the restoration of the Canadian Army's corps in April 2013, corps metal and cloth shoulder titles will be produced.
Army Rank Names

The historical rank names for non-commissioned members, which have long been used informally, are being considered for formalization, at which point they would change as follows:

Privates of the Royal Canadian Armoured Corps will be referred to as "Trooper";
Privates and corporals of the Royal Regiment of Canadian Artillery will be referred to as "Gunner" and "Bombardier" respectively;
Privates of the Corps of Royal Canadian Engineers will be referred to as "Sapper";
Privates of the Royal Canadian Corps of Signals will be addressed as "Signaller";
Some Privates of the Royal Canadian Infantry Corps will be referred to as "Fusilier," "Rifleman" or "Guardsman", depending on their type of unit; and
Privates of the Corps of Royal Canadian Electrical and Mechanical Engineers will be referred to as "Craftsman".

In addition, the second lieutenants and warrant officers in Guards regiments will be addressed as "Ensign" and "Colour Sergeant", respectively.
Traditional Insignia for Officers

In line with the formalization of historical rank names for non-commissioned members, the traditional army officer rank insignia – with the stars, or "pips," and crowns – are being restored. This ranking system is more than a hundred years old and continues to be used by armies the world over. Historically, the variations of the stars and crown were used to delineate rank so that officers could recognize each other on the battlefield. Canadian Army colonels and general officers will also wear the traditional gorget patches.
Canadian Army Secondary Badge

The new Canadian Army secondary badge is based on the historical Canadian Army badge used during and after the Second World War. It features the crossed swords, overlaid by three maple leaves conjoined on one stem. A crown is placed atop the maple leaves. The secondary badge will be displayed on the Canadian Army ensign and pocket badge.

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Regards,
The Canadian Veterans Advocacy Team.

New announcement: Minister of National Defence and CDS Unveil Afghanistan Memorial Vigil in Ottawa

Minister of National Defence and Chief of the Defence Staff Unveil Afghanistan Memorial Vigil in Ottawa

OTTAWA, ONTARIO--(Marketwired - July 8, 2013) - Media are invited to attend the unveiling of the Afghanistan Memorial Vigil on Parliament Hill on Tuesday, July 9, by Defence Minister Peter MacKay, and General Tom Lawson, Chief of the Defence Staff.

Minister MacKay and General Lawson will take questions from the media following the event.
When: Tuesday, July 9, at 10:30 a.m. (EDT)

Where: Hall of Honour
Parliament of Canada

What: An announcement by the Defence Minister Peter MacKay and General Tom Lawson, Chief of the Defence Staff.

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The Canadian Veterans Advocacy Team.

Friday, July 5, 2013

New announcement: Hommage aux gardiens de la paix - Honoring our Canadian Peacekeepers in Quebec

Hommage aux gardiens de la paix - Honoring our Canadian Peacekeepers in Quebec

L'Équipe du 9 aout
casquesbleus@videotron.ca
www.casquesbleus.webs.com

English ...

Here's the official invitation for our 3rd ceremony – Honoring our Canadian Peacekeepers in Quebec. Our province Lt-Governer, both Veterans Affairs and DND ministers, senators, military dignitaries have already mentionned their presence. We will have members of the Quebec East Cadet band and the Bagpipes of 6e RAC and the 78th Highlanders in playing some fine music before & during the ceremony. The official ceremony will begin at 7 PM with the flypass of 4 choppers and 15 Royal Gun Salut for Honorable Pierre Duchesne. Many other suprises are added this year ... add this date in your calendar!

Please, can you send our invitation to all your members? If you have some veteran members here in Quebec, please pass on the info.

Also, we will need your presence confirmation before July 15th 2013.

Thank you for your collaboration.

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Regards,
The Canadian Veterans Advocacy Team.

New announcement: Canadian military still investigating Afghanistan sex assault claim

Canadian military still investigating Afghanistan sex assault claim

Probe investigates claims Canadian soldiers told by superiors to ignore incidents in which Afghan boys were assaulted by allied soldiers

By: Rick Westhead Staff Reporter, Published on Thu Jul 04 2013

http://www.thestar.com/news/world/2013/07/04/canadian_military_still_investigating_afghanistan_sex_assault_claim.html

After five years, the Canadian military is still investigating claims that Canadian soldiers in Afghanistan were told by their superiors to ignore incidents where Afghan soldiers and interpreters sexually assaulted young boys.

The probe continues, with no specified end date, a Canadian Forces spokesperson said, long after most Canadian soldiers have left Afghanistan and nearly five years after a board of inquiry was convened on Nov. 21, 2008, by Lt. Gen. Andrew Leslie.

A preliminary investigation into the claims concluded in 2010 and since then the case has been under review by the office of the Canadian army's deputy commander, currently Maj. Gen. P.F. Wynnyk.

Eight board investigators, as well as board president Brig.-Gen. Glenn Nordick, have interviewed 87 witnesses and collected more than 30,000 pages of documents, said a spokesperson for the Department of National Defence.

Jessie Chauhan, a DND spokesperson, said the investigation has taken so long because of its "complex" nature.

Chauhan said in an email that the deputy commander's office is now ensuring that the report "clearly and completely addresses all of the findings required by the convening order."

"The Convening Authority may reconvene the Board as required to address deficiencies. At this time, no firm timeline is available for when this BOI (Board of Inquiry) will be final."

Once the report is finally approved, Chief of Defence Staff Thomas Lawson could decide to keep some or all of the report secret, Chauhan said.

During the summer of 2008, the Star reported that some Canadian soldiers who had returned from Afghanistan had sought counseling to cope with feelings of guilt because they had not stopped incidents of child abuse.

The sexual-abuse allegations put Canada in a difficult position with the local Afghan government and rekindled memories of past deployments that had led to Canadian soldiers developing post-traumatic stress disorder (PTSD).

The Star interviewed three Canadian soldiers, three Canadian Forces chaplains, and a lieutenant colonel who all said they had either first- or second-hand information about the alleged sexual attacks in Afghanistan.

Tyrel Braaten, for instance, a Canadian army bombardier, said during a December 2008 interview that he had witnessed an Afghan interpreter taking a boy who was about 12 years old into a building on Forward Operating Base Wilson, about 30 kilometres outside Kandahar.

The boy was wearing a wig, lipstick and perfume, and was dressed in a flowing robe. The interpreter, who worked for the Canadian army, told Braaten that the boy was one of "the bitches."

"I said, 'What do you mean?' and he made the motion with his hips, like you know," Braaten, then 24, told The Star in 2008. "I remember saying, 'Are we on Mars? Does this s--- go on all the time?'"

As opposition MPs and activists called for an independent inquiry, the federal government was swift to promise an exhaustive probe.

A board of inquiry was struck and the Canadian Forces' National Investigation Service, an arm's-length military investigatory body with the power to lay criminal charges, started a probe.

The NIS wrapped up its investigation in 11 weeks, without a single investigator being sent to Afghanistan, The Ottawa Citizen reported in September 2009.

"An initial NIS investigation did not find anything substantive," Lt.-Gen. Andrew Leslie wrote in an Oct. 2, 2008, email to Josée Touchette, the defence department's assistant deputy minister for public affairs.

Lt. Col. Stéphane Grenier told The Star that he talked to at least two Canadian soldiers who claimed to witness sexual assaults on Afghan boys. Grenier also counseled a British soldier who said he watched a young boy being raped by an Afghan soldier while his senior officer concluded a meeting nearby with Afghan army officers.

Now retired, Grenier said he has mixed feelings about the military's commitment to finding answers about the scandal.

"When I testified before the board I had coffee with one of the board's lawyers . . . and he said, 'Steph, we are interviewing all these soldiers and nobody has ever seen this,'" Grenier said.

But Grenier said the reality was different.

"Everybody in Kandahar was talking about this," Grenier said. "You can't tell me you can't find another soldier who would talk about it. You had soldiers saying they had seen these boys dressed up and taken into a room, and then they had heard yelling and screaming. And the army lawyer at the board asks, 'How do you know they were in pain? Were they having fun? But did you see anything directly?' This is where the legalities get so stupid."

Grenier said he doesn't believe there was a deliberate attempt to cover up the scandal.

"I can tell you there was a school of thought that on the Forward Operating Base, inside, there was an Afghan encampment next to the Canadian base, and on the Afghan base they do their own stuff," Grenier said. "It's like people with diplomatic plates they speed and do silly things.

"There was a belief that we have to keep those relationships with the Afghan army. You go attacking their cultural ways and the next day, when you're both fighting the Taliban, you're going to get a bullet in the back of the head."

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Regards,
The Canadian Veterans Advocacy Team.

Wednesday, July 3, 2013

Attention veterans families in Newfoundland/Labrador who have been denied last Post Burial Funds

Attention veterans families in Newfoundland/Labrador who have been denied last Post Burial Funds.


"If you are a resident of Newfoundland and Labrador, and your family has applied for financial assistance from the Last Post Fund and been denied, MP Judy Foote would like to hear from you. Judy Foote is the Member of Parliament for Random-Burin-St. George's, and her motion (M-422), which was designed to improve the outdated eligibility requirements for the Last Post Fund so that all veterans would be guaranteed a dignified funeral and burial, was recently defeated at the hands of the Conservatives in the House of Commons. To share your story and offer your support of M-422, please contact Judy Foote's Ottawa office by calling (613) 992-8655. Thank you!"

Judy Foote, Member of Parliament for Random-Burin-St. George's, is
Thank you very much for your time and assistance.

Take care,
Gregory Kolz
Executive Assistant
Office of Judy M. Foote, M.P.
Random-Burin-St. George's
Phone: (613) 992-8655

Fax: (613) 992-5324


Regards,
The Canadian Veterans Advocacy Team.

http://canadianveteransadvocacy.com/Board2/index.php

Tuesday, July 2, 2013

New announcement: 13.5% of Canadian soldiers who served in Afghanistan have mental health issues:

13.5% of Canadian soldiers who served in Afghanistan have mental health issues: Study

Credits: DARREN BROWN/QMI AGENCY

http://www.sunnewsnetwork.ca/sunnews/lifestyle/archives/2013/07/20130702-130243.html


A Canadian Forces soldier from CFB Petawawa stands in the doorway of his kitchen while holding his army fatigues used while serving in Afghanistan. He is now struggling to find help with his Post Traumatic Stress Disorder.

A new study found 13.5% of Canadian Forces soldiers deployed to Afghanistan returned home with mental health issues.

Researchers studied a sample size of 2,014 soldiers deployed from North America and Europe between 2001-08 and found post-traumatic stress disorder (PTSD) was the most common mental illness (8%) followed by depression (6.3%).

Soldiers deployed to particularly dangerous areas in Afghanistan were found to have a higher risk of mental health issues, the study found. A deployment to Kandahar was found to increase the risk almost six times compared to deployment in the United Arab Emirates or Arabian Gulf, the study says.

Canadian Forces members with lower ranks were also more likely to have mental health problems, according to the study, published in the Canadian Medical Association Journal.

The study's authors hope the findings can be used to help better treat soldiers and veterans suffering from mental health disorders.

Another study in the US found 11.5% of American soldiers who served in Afghanistan suffered from PTSD. That study also found veterans have a two-to-four times higher risk than the public of developing PTSD.

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Regards,
The Canadian Veterans Advocacy Team.