Canadian Veterans Advocacy

Friday, May 29, 2015

New announcement: SISIP Financial Introduces New TRAVEL INSURANCE

SISIP Financial Introduces New TRAVEL INSURANCE - La Financiere SISIP Lance NOUVELLE ASSURANCE VOYAGE

http://canadianveteransadvocacy.com/VACDND_Services-Benefits/?p=760

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=15542.0

Regards,
The Canadian Veterans Advocacy Team.

Monday, May 25, 2015

New announcement: Status Update On OVO Priorities And ACVA Recommendations - Veterans Ombudsman

Status Update On OVO Priorities And ACVA Recommendations - Veterans Ombudsman

Hard to keep track of all the improvement recommendations that have been made for Veterans? I've created a series of easy to read tables that highlight recommendations by my office and ACVA and clearly show where things sit and what remains to be done to support Veterans. Have a look at it and share it with others!

http://bit.ly/1Bm776v

----

Mise à jour sur les priorités du BOV et les recommandations d'ACVA - Ombudsman des vétérans
http://bit.ly/1FzUzMD

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=15524.0

Regards,
The Canadian Veterans Advocacy Team.

Tuesday, May 19, 2015

New announcement: Personal Travel Fare offered to Members of the Canadian Armed Forces, Veterans

Personal Travel Fare offered to Members of the Canadian Armed Forces, Veterans

Personal Travel Fare offered to Members of the Canadian Armed Forces, Veterans, and National Defence civilian personnel
Print this page

Thank you to the Canadian military! To show our support and gratitude for the men and women that serve our country with dedication, VIA Rail is offering our military across-the-board savings on train travel in Canada.

25% discount on the best available adult, senior, student, youth and child fares in all classes & all trains for qualifying DND members and immediate family!

VIA Rail is offering a 25% discount on the best available fare in all classes (excluding on Prestige Class or Discount Tuesday Sleepers Fares) for one-way or round trip travel on board any VIA Rail train in Canada to qualifying DND members. And the good news is–immediate family members travelling in the same class with you will also receive a 25% discount!

How to buy

How to book online

Log in to your profile or create one prior to booking.
Book your one-way or round trip ticket in your preferred class and fare (excluding on Prestige Class or Discount Tuesday Sleepers Fares).
On the "Passenger Information" screen, select "Corporate Rate" as the Discount Type, and enter "12070" as the Discount Code. No serial number is required.
The price of the ticket will be adjusted automatically if the trip meets all of the conditions of this fare plan.

How to book by telephone or at a VIA station:
Advise the VIA agent that you wish to use discount code "12070" prior to the agent booking your travel.


Conditions of the "25% discount on best available fare" offer for qualifying DND members & family

Offered to Active and Veterans members of Canadian Forces. Civilian employees must present their card DND AND CFOne card.

Identification Required:

The offer is valid for any passenger 18 years of age or older who has at least one of the following forms of identification plus, if needed, one additional piece of photo identification:
o DND ID card for National Defence (NDI 20)
o Record of Service Card (NDI 75)
o Any Veterans Affairs Canada (VAC) Benefit Card (Please contact Veterans Affairs Canada at 613 992-7470 in Ottawa to obtain the required identification to qualify for this offer.)
o Discharge Certificate from any branch of the Canadian Military
o Statement of Service from any branch of the Canadian Military
o Certificate of Service (CF 54 or CF 75) from any branch of the Canadian
Military.
o Valid DND Temporary ID card (NDI 10).
o Canadian Forces or Former member CFOne card (with photo ID).
Up to a maximum of five (5) family members* travelling on the same trains, dates and in the same classes of service as the passenger in possession of one of the forms of identification listed above may accompany the qualifying member.
The qualifying member must present specified identification at any time upon request by a VIA employee.

*Family members may include the qualifying member's spouse/partner (including common law), minor or dependent children (including children for whom the qualifying member is a legal guardian), parents, grand parents, great-grand, parents, grand children or great-grand children.

Purchase period:

The offer is applicable to new bookings made as of November 1, 2010.
Tickets must be purchased according to the conditions and restrictions of the fare plan to which the additional 25% discount is applied.

Travel period:

The offer is valid for travel commencing as of November 1, 2010.

Valid routes:

The offer is valid on all VIA trains and between all VIA stations in Canada (excluding on Prestige Class or Discount Tuesday Sleepers Fares).

Valid classes:

The offer is valid in all classes (excluding on Prestige Class or Discount Tuesday Sleepers Fares).

Refunds and exchanges:

Bookings are subject to the conditions and restrictions of the fare plan to which the additional 25% discount is applied.
Refunds and exchanges for qualifying members' tickets will only be processed if companion tickets issued with it are processed at the same time.

Other conditions:

The offer cannot be combined with any other fare or discount which requires a discount code to qualify. Cannot be combined to Prestige Class or Discount Tuesday Sleepers Fares. Cannot be combined with tickets issued using a rail pass or employee rail pass, group tickets, VIA Préférence reward tickets, charter car fare tickets or tickets issued by a tour operator.
Tickets must be booked in advance of travel. The offer is not applicable to tickets purchased on board a VIA train.
Minimum fares after the application of the discount and other conditions may apply.
Offer is subject to change without notice.

http://www.viarail.ca/en/canadian-forces

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=15493.0

Regards,
The Canadian Veterans Advocacy Team.

New announcement: Veterans Professional Association of Canada

Michael Blais
21 hrs

What would YOU say to a Veterans Professional Association of Canada? I have been working on this issue for a couple of years now and most recently established high level contact-discussions with a major national unions (UNIFOR) to discuss setting up a community based (Veterans) professional association that would provide PRO ACTIVE and dedicated services to OUR community.

Over the past four years of advocacy, it has become clear to me that the wounded and disabled of all eras deserve and require an organization that is dedicated to their care/safeguarding their quality of should they suffer or have suffered a mental or physical wound on while serving this nation. The PA envisioned will focus on ensuring full justice is served through the claim process and that members of the professional association have a dedicated team of medical-legal advocates. The PA will provide individual attention throughout the entire process and ensure quality of care standards associated with the injury and Veterans Affairs Canada support is comprehensive and delivered in an expedient manner.

Imagine the amount of stress this would alleviate from your life, imagine having the ability to appeal unjust awards with a dedicated team at your side

We need help, consistency, confidence that those that are acting on our behalf are dedicated to our plight and willing to take the comprehensive measures required.

Think about it, I am, as always, in consultation mode and would appreciate your input.

Be advised, I am an advocate, while I fully intend on setting up the foundations, joining and supporting the VPA when it established, I have no intentions of serving in any other capacity other than as a concept organizer.

I am old, the mission to date have borne consequences on my health and once the principles I have founded the Canadians Veterans Advocacy have been attained, I plan on fading unto obscurity.

Thoughts.

https://www.facebook.com/MPPAC?fref=nf

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=15488.0

Regards,
The Canadian Veterans Advocacy Team.

Friday, May 8, 2015

New announcement: Budget boost for Veterans Affairs not enough to repair cuts: Liberal MP

Budget boost for Veterans Affairs not enough to repair cuts: Liberal MP

By Janice Dickson | May 7, 2015 4:18 pm

http://www.ipolitics.ca/2015/05/07/budget-boost-for-veterans-affairs-not-enough-to-repair-cuts-liberal-mp/

The Harper government tabled its budget implementation bill, and the new legislation contains what appear to be significant financial improvements for veterans — but the key word is "appears", according to Liberal MP and veterans affairs critic Frank Valeriote.

Valeriote said the areas where it appears veterans affairs is making headway — rehiring staff, nearly doubling the retiring income security benefit and increasing the lump sum payment — "sound like a great thing", but it's mostly show.

"They cut about 900 front line staff and they're re-hiring about 100 and then only some of them are part time and full time," said Valeriote, who added that the re-hiring of 100 staff will not honour "our sacred obligation that we have to veterans."

The Conservatives are also proposing to double the retirement income security benefit, so that a retiring veteran who would have received $27,000 a year will earn about $42,000. According to Valeriote, though, veterans initially earned $63,000 per year.

"They're restoring, again, only a fraction of what they cut back so their modus operandi is to cut considerably and restore partially and expect accolades," he said.

The government also announced an additional lump sum award of $70,000 for severely injured veterans, which Valeriote said excludes post traumatic stress disorder because of the way its described. "If you look at what they cover, they will only give $70,000 if the injury was … an immediate result of a single event," he said.

"If the injury was the immediate result of a single event, that excludes PTSD because PTSD in more than 90 per cent of cases arises long after. So essentially it does not cover mental illness, it covers loss of limbs."

Valeriote said the new minister's approach is gracious but not much more generous than his predecessor.

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=15395.0

Regards,
The Canadian Veterans Advocacy Team.

New announcement: Bill C-597, an act to amend the Holidays Act. (Nov 11th)

Standing Committee on Veterans Affairs - Comité permanent des anciens combattants

Today we'll be studying, pursuant to Standing Order 108(2), the subject matter of clause 1 of Bill C-597, an act to amend the Holidays Act.

Aujourd'hui, conformément au paragraphe 108(2) du Règlement, nous allons effectuer l'étude de l'objet de l'article 1 du projet de loi C-597 , Loi modifiant la Loi instituant des jours de fête légale.

EVIDENCE

Tuesday, April 28, 2015

Legion's position: "The holiday status of Remembrance Day has been debated at numerous Dominion Conventions throughout the Legion's history, in fact, 13 times since 1970, and most recently at our 2012 Dominion Convention. It was at the 2012 convention that the Legion's position against Remembrance Day being a statutory holiday was reaffirmed."

Canadian Veterans Advocacy position: "As it stands now, through consultation with serving members, veterans, families, and the civilian population we have engaged we find there is universal support for the legal holiday that Bill C-597 presents. Once the bill is defined, once it has been clarified that no days off would be accorded, support has been universal. It is vital that our discussions today focus on the opportunity Parliament has been provided through this bill to honour and respect national sacrifice in a meaningful and effective manner."

"At the York Catholic District School Board's regular meeting of the board, held on Tuesday, November 25, the board of trustees passed a motion that a letter be written to members of municipal, provincial, and federal governments to express their strong belief that November 11, Remembrance Day, should not be made a statutory or school holiday."

The Vice-Chair (Mr. Frank Valeriote (Guelph, Lib.)):
We have with us from the Canadian Veterans Advocacy, Michael Blais, president and founder. We have from the Royal Canadian Legion, Bradley White, Dominion secretary, Dominion Command; and William Maxwell, senior program officer, Dominion Command. Joining us from the York Catholic District School Board via teleconference is Sonia Gallo, communications manager.

http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=7941311&Mode=1&Parl=41&Ses=2&Language=E

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=15394.0

Regards,
The Canadian Veterans Advocacy Team.

Thursday, May 7, 2015

New announcement: Peter Stoffer MP - Motion to Recognize Existence of a Veterans' Covenant

Peter Stoffer MP - Upcoming Motion to Recognize Existence of a Veterans' Covenant

Please see the following message from Peter Stoffer, MP:


Canada's New Democrats believe the Government of Canada has a moral, social, legal and fiduciary obligation to care for the men and women who have served in Canada's Armed Forces.

My colleague Fin Donnelly (New Westminster-Coquitlam and Port Moody) has been working with the veterans community to pressure the government to recognize that a social covenant exists between our government and military veterans. This Monday May 11th, MP Fin Donnelly will introduce the following motion in the House of Commons.

That, in the opinion of the House, there exists a standalone covenant of moral, social legal, and fiduciary obligation, between the people and Government of Canada to provide equitable financial compensation and support services to past and active members of the armed forces who have been injured, disabled or have died as a result of military service, and to their dependents, and which the Government of Canada is obligated to fulfill. Further, that the guiding principle for their recognition, care, and compensation must always include compassion and dignity while properly taking into account the unique nature of military service.

You can watch the debate of this motion online at ParlVu (http://parlvu.parl.gc.ca/parlvu/) on Monday May 11th from 11 am EST until 5:30 pm– with a break for Question Period.

We agree with veterans who want the Conservative government to stop fighting them in court and finally admit such a covenant exists. The motion also takes inspiration from similar standalone covenants that exist in other commonwealth countries.

Injured and disabled veterans should not have to fight for the compensation and care they deserve! Canada's New Democrats are calling on the federal government to support our motion recognizing the existence of a social covenant.

You can add your name in support of this motion using the following link: www.ndp.ca/covenant.

We ask you share this petition with your network, so others can add their voices to the thousands of veterans who want the government to do the right thing and formally recognize the existence of a social covenant. Together, we can help restore the damaged ?relationship between the government and those who have fought so hard to defend the freedoms we enjoy today.

For further information about this motion, please feel free to contact my office or MP Fin Donnelly at fin.donnelly@parl.gc.ca

Sincerely,

Office of Peter Stoffer, MP | Bureau du député Peter Stoffer
Official Opposition Critic for Veterans Affairs | Le Porte-Parole de l'Opposition Officielle pour Les Anciens Combattants.
New Democratic Party | Nouveau Parti démocratique
______________________________________________________

2900 Hwy #2 Fall River, NS B2T 1W4
Phone: (902) 861-2311 | Email: stoffp0@parl.gc.ca

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=15392.0

Regards,
The Canadian Veterans Advocacy Team.

Tuesday, May 5, 2015

New announcement: We need restorative justice for members of Canadian military

We need restorative justice for members of Canadian military

It is a principle of fundamental justice that all Canadian citizens are equal before the law and entitled to its benefit and protection.

http://www.hilltimes.com/opinion/2015/05/04/we-need-restorative-justice-for-members-of-canadian-military/41977


The unfair disparity in the enforcement of the criminal law by the military justice system is in breach of this fundamental principle. The time has come to apply this principle and restore justice, write Michel Drapeau and Gilles Létourneau.

By GILLES LéTOURNEAU, MICHEL W. DRAPEAU |
Published: Monday, 05/04/2015 12:00 am EDT

In 1980, the military justice system survived a challenge to its legality with respect to the prosecution of ordinary criminal law offences before military tribunals. The challenge was based on the Canadian Bill of Rights: see Mackay v. R., [1980] 2 S.C.C. 379. The basis of the challenge was the differential treatment afforded to those prosecuted before military tribunals, i.e. members of the Canadian Armed Forces (CAF) and civilians subject to the jurisdiction of the Code of Service Discipline such as dependants of CAF members and civilians contractors accompanying the military abroad.

Unlike the constitutionality-entrenched Canadian Charter of Rights and Freedoms (Charter), the Bill of Rights had no teeth. Yet the Supreme Court of Canada expressed great concerns about the existence of this parallel system of justice for the enforcement of criminal law because military tribunals are tribunals of exception, which, by definition, derogate from the legal system in place and deprive the persons subjected to it of equality before the law.

Justices Brian Dickson and William McIntyre wrote the following at pages 408-409 of the decision: "In a country with a well-established judicial system serving all parts of the country in which the prosecution of criminal offences and the constitution of courts of criminal jurisdiction is the responsibility of the provincial governments, I find it impossible to accept the proposition that the legitimate needs of the military extend to prosecutions of servicemen for any offences under any penal statute of Canada could be conducted in military courts. The serviceman charged with a criminal offence is deprived of the benefit of a preliminary hearing or the right to a jury trial. He is subject to a military code, which differs in some particulars from the civil law, to differing rules of evidence, and to a different and more limited appellate procedure. …While such differences may be acceptable on the basis of military need in some cases, they cannot be permitted universal effect in respect of the criminal law of Canada as far as it relates to members of the armed services serving in Canada."

Chief Justice John Laskin and Justice Willard Estey went further. At pages 380 and 381 of the same judgment, they could not conceive that persons charged with an offence under the ordinary criminal law could be tried before a court where the prosecution is not free from any suspicion of influence or dependency on others. They could not conceive "that there can be in this country two such disparate ways of tying offences against ordinary law, depending on whether the accused is a member of the armed forces or is not."

The truth is that, over the years, through general indifference, the military justice system has expanded its jurisdiction over all ordinary criminal law offences, except murder, manslaughter and abduction of children when committed in Canada. In fact and in practice the military justice system has usurped functions that are constitutionally assigned to the provinces, i.e. the investigation and prosecution of the crimes contained in the Criminal Code of Canada.

Here are the consequences resulting for members of the military as well as civilians, including children, falling under the military jurisdiction.

•Right to a jury trial. First and foremost, they lose the right to a trial by a jury. Instead they are entitled to a trial by a panel composed of five members of the military selected randomly by the military. None of the guarantees with respect to the selection and empannelling of a jury given to an accused before a civilian trial apply.

It is sheer common sense that it is easier to obtain an unamimous verdict of guilt or innocence from a panel of five than from a panel of twelve. Indeed, it is all the more so when the five persons are part of the same organization and share the same institutional attributes as opposed to 12 persons chosen and coming from different walks of life.

•The benefit of hybrid offences. Second, persons prosecuted before military tribunals lose the benefit of a hybrid offence provided for under the Criminal Code of Canada. A hybrid offence is one that can be prosecuted by way of summary conviction or by way of indictment. Civilian prosecutors can exercise the discretion conferred upon them to proceed by way of summary conviction when the offence committed and the circumstances surrounding its commission do not warrant the full-fledge and stigma of the procedure by way of indictment. A cap on sentencing and a limitation period for prosecuting apply to offences prosecuted by way of summary conviction. These are important benefits that persons prosecuted before military tribunals are deprived of.

•The right of appeal. Third, persons convicted or acquitted by a military tribunal are treated differently and detrimentally when it comes to the right of appeal. As a matter of fact, the prosecution in a military trial can appeal the acquittal on a question of mixed law and fact. In a criminal trial before a civilian tribunal the prosecution's appeal is limited to a question of law.

Moreover, while an accused convicted by a civilian tribunal can appeal his conviction on a question of fact, the person convicted by a military tribunal is deprived of that right by the National Defence Act (NDA). In Military Justice In Action; Annotated National Defence Legislation, 2ed. published by Carswell earlier this year, we criticized this differential and prejudicial treatment. At page 50 we wrote: "Thus at law, the balance with respect to appeals is tipped in favour of the accused in criminal proceedings before a civilian tribunal. However in proceedings held before a military tribunal, the same balance is tipped in favour of the prosecution to the detriment of the accused. Once again it appears that this situation runs afoul of the presumption of innocence."

•The sentencing range. Fourth, persons prosecuted before military tribunals do not benefit from the wide range of sentencing options available to those convicted by a civilian court. They are not entitled to a suspended sentence, a conditional discharge, a probationary order and a sentence of imprisonment to be served in the community or within their unit. Nor are they given equality of treatment with respect to intermittent sentences. While Sec. 732 of the Criminal Code fixes at 90 days the maximum length of imprisonment for the availability of an intermittent sentence, the 2013 amendments to the NDA makes this kind of sentence available only if its length does not exceed 14 days.

•Summary trials. Fifth, close to 2,000 summary trials are held every year as opposed to some 60 to 65 courts martial. Summary trials are the dominant form of justice in the Canadian military. Yet this form of justice is highly problematic, especially as regards ordinary criminal law offences. Consider the following features of the process.

The accused is tried by his commanding officer who possesses no knowledge of the law. As opposed to a trial before a civilian tribunal where the judge does not know the accused and has no knowledge of the circumstances surrounding the crime, the commanding officer knows the accused, the witnesses and is already aware of the facts and circumstances leading to the crime.

It is also not enough that the accused has no right to counsel, he and his wife are compellable witnesses. He can be forced to incriminate himself in violation of the constitutional right against self-incrimination given to accused by the Charter.

In addition the summary trial process is not governed by the rules of evidence applicable to trials of ordinary criminal law offences. Adverse inferences can be drawn from his silence. Full reliance can be had on hearsay and opinion evidence. Charter arguments cannot be raised. The level of disclosure of the prosecution's evidence is much more limited than the level of disclosure at a court martial. But above all, the accused has no right of appeal to a court against his conviction.

•A criminal record for purely disciplinary offences. Sixth, military offences are set-up to enforce discipline in the military. Yet, the military justice system generously distributes criminal records to the persons convicted. It even goes as far as creating a criminal record for offences that have no criminal connotation and are purely disciplinary in nature. This is unprecedented in Canada. No conviction by a disciplinary board or tribunal for offences like conduct prejudicial to the profession gives rise to a criminal record. In the military, you can even get a criminal record for a conviction at a trial at which you are not entitled to be defended by a lawyer.

The newly enacted Sec. 249.7 of the NDA creates a criminal record for offences such as insubordinate behaviour, absence without leave, a false statement in respect of prolongation of an absence without leave, drunkenness, conduct to the prejudice of good order and discipline. The military is a profession of arms. This last offence of conduct prejudicial to good order or discipline is in fact a conduct prejudicial to the profession of arms. Yet conducts by lawyers or doctors, for example, that are prejudicial to the legal or the medical profession do not give rise to a criminal record.

Bill C-32 - Victims Bill of Rights Act does not apply to military personnel. Seventh, military persons who are victims of crimes investigated or prosecuted under the NDA are excluded from the benefits of the Bill and are, therefore, unable to exercise their victim's rights. Subsection 18(3) of the Victims Bill of Rights contains the exclusion.

Fortunately, the Supreme Court of Canada is given in the case of Moriarity et al. vs. Her Majesty the Queen et al., to be heard on May 12, 2015, which is a golden opportunity to restore justice to members of the military by returning to the provincial authorities the investigation and prosecution of ordinary criminal law offences. The civilian police and tribunals possess an expertise fashioned over time that the military police and courts do not have. In addition, they are independent from command and external influence.

It is a principle of fundamental justice that all Canadian citizens are equal before the law and entitled to its benefit and protection. The unfair disparity in the enforcement of the criminal law by the military justice system is in breach of this fundamental principle. The time has come to apply the principle and restore justice.

Gilles Létourneau is a former president of the Law Reform Commission and chairman of the Somalia Inquiry. He served on the Federal Court of Appeal and the Court Martial Appeal Court from 1992 to 2012. Michel W. Drapeau is a professor of military law at Ottawa University. He also served in the Canadian Forces for 34 years retiring in 1993 in the rank of colonel. They are the co-author of Military Justice in Action : Annotated National Defence Legislation, Second Edition, published by Carswell in February 2015.

news@hilltimes.com

The Hill Times

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=15390.0

Regards,
The Canadian Veterans Advocacy Team.

Friday, May 1, 2015

New announcement: Military justice system needs reform, lawyer argues

Military justice system needs reform, lawyer argues

David Pugliese, Ottawa Citizen More from David Pugliese, Ottawa Citizen
Published on: April 30, 2015
Last Updated: April 30, 2015 7:24 PM EDT

http://ottawacitizen.com/news/politics/military-justice-system-needs-reform-lawyer-argues

The Canadian Forces' efforts to deal with sexual assault and harassment in the ranks won't be effective until the military justice system is overhauled, says an Ottawa lawyer who specializes in such cases.

"You do not have an independent military justice system or police force," said Michel Drapeau, who has represented 65 military members in sexual assault and harassment cases over the last decade. "People do not trust that system."

But Chief of the Defence Staff Gen. Tom Lawson said Thursday he has confidence in the military's current justice system. "Those who have come forward with (sexual misconduct) allegations have found that those allegations are well investigated," he stated.

Both were responding to a new report by Marie Deschamps, a former Supreme Court of Canada justice, who was asked by the military to examine sexual misconduct in the ranks. Deschamps' study was prompted by an investigation last year by l'Actualité and Maclean's that suggested there was rampant sexual assault in the military.

The Deschamps report determined that the military has an "underlying sexual culture" that is "hostile" to women and members of the gay community, and that leaves victims of sexual assaults and harassment to fend for themselves.

Drapeau doesn't expect much change in the situation even as the military vows to act. That's because the military's response does not include changes to the military justice and police system, he said.

Sexual assault victims in the military have complained that military police did not take their concerns seriously, or that their immediate supervisors were informed about their complaints, resulting in retribution.

Drapeau said that in 1998, a change in the National Defence Act gave the military justice system sole jurisdiction over sexual assault and other serious crimes. Even if a civilian is assaulted on military property, civilian police and prosecutors are not involved, he added. "Until that time they had to call in civilian police," Drapeau explained.

In cases of harassment and lesser forms of sexual misconduct, the decision on whether there will be any punishment is up to a commanding officer, Drapeau noted. The result is a cosy system that aims at protecting the Canadian Forces "brand" instead of dealing with justice, he argues.

Deschamps acknowledged Thursday that sexual assault and harassment victims don't trust their chain of command. As a result, many incidents of sexual misconduct are not reported, her report noted.

"First and foremost, interviewees stated that fear of negative repercussions for career progression, including being removed from the unit, is one of the most important reasons why members do not report such incidents," Deschamps' report found. "Victims expressed concerns about not being believed, being stigmatized as weak, labeled a trouble-maker, subjected to retaliation by peers and supervisors, or diagnosed as unfit for work."

Drapeau expects only "cosmetic changes" to result from the report.

But Lawson said the military's chain of command has been trained to look after victims of sexual misconduct and that people should trust the current system.

One of Drapeau's clients is Master-Cpl. Stéphanie Raymond, who was harassed and eventually booted from the military after she went to military police about being sexually assaulted by a fellow soldier. The first military police investigation was botched and Raymond had to fight to have it re-opened.

In December 2014, Lawson apologized to Raymond, and admitted she had been poorly treated by senior officers. Lawson also admitted the documents used to fire Raymond contained falsified information.

NDP defence critic Jack Harris said consideration should be given to reversing the 1998 decision that allows military justice system and military police jurisdiction over sexual assaults. "That's been an unmitigated disaster for women," said Harris. "I don't have a lot of confidence anything will change."

dpugliese@ottawacitizen.com

Twitter.com/davidpugliese

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

Michel W. Drapeau
4 hrs · Edited ·

Le 30 avril 2015. Mme Stéphanie Raymond et Me Michel W. Drapeau sont interviewés par madame Anne - Marie Dussault au Programme 24 heures en 60 minutes concernant le rapport de Madame la juge à la retraite Marie Deschamps. Le système de justice militaire est sévèrement critiqué.
http://ici.radio-canada.ca/widgets/mediaconsole/medianet/7281094

-----------

Assault victims sought legal protection from military college dismissal: lawyer
http://www.theglobeandmail.com/news/national/assault-victims-sought-legal-protection-from-military-college-dismissal-lawyer/article24203562/?fb_action_ids=10205725303146600&fb_action_types=og.shares

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=15387.0

Regards,
The Canadian Veterans Advocacy Team.