Bill C-55 (Historical)

Enhanced New Veterans Charter Act

An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act

This enactment amends Part 2 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act by making the permanent impairment allowance available not only to veterans who are eligible for a disability award under that Act, but also to veterans who are eligible for a disability pension under the Pension Act. It also introduces a supplemental amount to the permanent impairment allowance for the most severely and permanently impaired veterans.
It amends Part 3 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act to provide Canadian Forces members and veterans with a choice of payment options for a disability award.
It also amends the Pension Act by making the exceptional incapacity allowance available not only to veterans and members of the forces who are receiving a disability pension under that Act, but also to veterans and members who are receiving both such a pension and a disability award under the Canadian Forces Members and Veterans Re-establishment and Compensation Act.

Enhanced New Veterans Charter Act

[Guy André, Bloc, Berthier—Maskinongé, QC]

Mr. Speaker, I am pleased to rise to speak to Bill C-55, An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act, introduced by the government to help veterans.

The Bloc Québécois supports this bill, as we have said repeatedly here today. I heard our Liberal colleague say that it is a step forward and will help improve things for our veterans. We are talking about people who sacrifice their lives or who live the rest of their lives with injuries suffered during a combat mission.

The Bloc Québécois has always been very concerned about the well-being of veterans. We parliamentarians can sometimes have serious disagreements about the validity of a mission, as was demonstrated by the debate we had on the mission in Afghanistan. But when it comes to supporting veterans, the Bloc Québécois is always there, and we firmly believe that veterans should not have to pay the political price of this debate. They have sacrificed much of their safety, their well-being and their health. Therefore, when it comes to veterans who are injured or have a disability, we cannot be tight-fisted or frugal; rather, we must be generous in compensating these individuals. We must express our gratitude and recognition by providing them with all the help and support they need, and whatever their families and children need.

The bill contains measures that we hope will help veterans considerably. We are disappointed, however, as I have repeatedly told the Minister of Veterans Affairs, that the Conservative government decided not to include a lifetime monthly pension, as many veterans in Quebec called for in petitions presented here in the House. That measure, which veterans were entitled to under the old veterans charter, should have been restored.

The minister said many times that there were not necessarily any changes and that the primary goal was to reintegrate veterans into the workforce. But that was always the goal; that is nothing new. We strongly believe that having a lump sum payment instead of a lifetime monthly pension, as we had before, is a considerable loss for our veterans.

Bill C-55 proposes legislative amendments to the Canadian Forces Members and Veterans Re-establishment and Compensation Act. As I already said, this bill would amend the eligibility criteria for the long term disability plan and would provide an extra $1,000 per month to veterans who are receiving these disability benefits and who are unable to return to the workforce. This affects many people who, after participating in a military mission in a theatre of war, return nearly 100% disabled and unable to actively return to work.

This bill also offers veterans the choice between a single lump sum payment and the same amount spread out over a set period of time. A combination of these two options is also available.

Here is an example of the losses experienced by veterans. From our discussions with people working with veterans, we know that, in general, based on the cases handled, veterans are more likely to be 20% or 25% disabled than 100% disabled.

According to the previous veterans' charter, compensation was provided to a veteran at a rate of 20%, so he could receive $600, $700 or $800 per month for the rest of his life. When a young person received compensation for an accident in the theatre of war, he generally received compensation at a rate of 20% or 25%. If we are talking about $280,000, that means the person would receive approximately $50,000 from then on, at the age of 22 or 23. Before, that person could receive $600 to $800 a month for life, for physical or mental loss. As we mentioned earlier, post-traumatic stress disorder affects many military personnel.

The Bloc Québécois has the utmost respect for military personnel who carry out highly dangerous missions and risk their lives to express the will of the people. This profound respect justly implies that, since their lives are in danger, we have the responsibility not to expose them to further risk. Once their mission is complete, we have the collective responsibility to offer them all the necessary support when they return home.

Of course, this support must be given to veterans, but it must also be given to their spouses, families, loved ones and children. There is still a lot of work to do on that front.

And in terms of post-traumatic stress disorder, we heard many testimonies to the effect that the spouse of the person afflicted had not necessarily been informed about possible behaviours, or their reactions, or the potential help available to them.

I would ask the minister, who is present here, to listen to what I am about to say. A number of witnesses told us in committee that when they needed a psychologist or psychiatrist to get help for post-traumatic stress disorder and they contacted Veterans Affairs, it was often difficult to access those services. We heard it over and over again in committee: people told us that they did not feel that it was an easy task. There are members here from all parties who sit on the committee and can attest to that.

We have an idea of the dynamic of all those wanting psychological therapy, and often they are men. I worked in a CLSC network and men often have more difficulty than women recognizing their psychological weaknesses. It is difficult enough to ask for help, but when a person asks officials at Veterans Affairs and the request for help is not necessarily well received and it is difficult to receive compensation for the services the person needs, then there is a problem. I invite the minister to take a closer look at this as well. It is important.

The Bloc Québécois will always support any measure to help veterans. The Bloc Québécois has always defended the principle that we must not abandon our veterans when they return from difficult missions or when they end a career spent defending their fellow citizens.

For example, in budget 2009, the Conservatives announced various measures, as hon. members will recall. Budget 2009 maintains the $30 million annual investment included in budget 2007, for the period from 2007 to 2012. Budget 2009 also maintains the $302 million investment over five years announced in budget 2008. That amount will go to Veterans Affairs Canada in order to increase support for war veterans.

However, out of the $3.4 billion estimates, budget 2009 announced that $24 million would be saved by streamlining internal and administrative resources without affecting services.

We wondered about that and we met with certain stakeholders, because those savings worried us. I do not know how it is being carried out on the ground. The cuts are determined by executives or administrators and, often, they target the lower levels. It is important to be vigilant about service delivery. I do not want to go too far on this issue, but I am concerned about the cuts.

The Bloc Québécois will support maintaining past investments to help veterans. However, given the scope of the mission in Afghanistan and the number of Canadians wounded in this theatre of operations, the federal government could have increased its investment.

Bill C-55 is certainly a start and a step in the right direction. It is important to recognize that, although some of the measures improve the assistance provided to veterans with disabilities, there is still work to do. The Bloc Québécois is of the opinion that the government could have done more, namely by returning to a lifetime monthly pension, which is not included in the bill.

Despite all the debate and the demonstrations that took place on November 11 in Quebec, people called for the return of the lifetime monthly pension. The minister seems to want to avoid the issue by saying that, despite everything, veterans receive a lump sum payment and a pension. However, when veterans return to the labour market, they no longer receive that pension. The only amount they receive for a disability resulting from an injury sustained in the theatre of operations is 20 to 25%. Most of these people return to the labour market and are able to return to society.

Bill C-55 is part of a legislative process that dates back to at least 2005. At that time, the new veterans charter was supposed to be a major reform designed to completely overhaul the veterans compensation system.

It was the Liberals who put forward the new veterans charter. In some cases, the compensation provisions for wounded veterans were covered by the Pension Act, the terms of which dated back to World War I. With the new veterans from the campaign in Afghanistan, it became urgent to review the process to adapt to the new reality and to provide help to those who needed it.

In committee, some people told us they had received, among other invoices, an $8 invoice for the cost of the sheet the soldier had been wrapped in. Fortunately, things have changed. That would have been rather traumatic.

The new veterans charter differentiates between financial benefits intended to compensate for the loss of revenue a veteran experiences when he or she can no longer work because of an injury sustained while serving in the Canadian Forces and the sums paid to compensate for pain and suffering associated with an injury sustained while on duty. That is why the veteran will lose the financial benefits but will continue to receive his or her disability benefits. Under the old system, the pension amount would diminish if the veteran's condition improved, which encouraged people to focus more on the deficiencies rather than on rehabilitation.

I would like to make my point by asking a question. What is the current situation of our veterans? This bill is supposedly going to help them. As we saw in committee, it is becoming increasingly clear that veterans need help.

During our many meetings, we learned that the suicide rate among veterans is higher than in the general population. Statistics show that one out of six people returning from a military theatre of operations will be afflicted with post-traumatic stress. These people, who are often very young, need psychological and social support, which is not always available in isolated, rural regions. Veterans returning home far from large urban centres had a hard time receiving the services they needed. Veterans have often said that in order to support them, people need to understand their reality. In isolated, rural regions, it might be difficult to find experts to help someone who is suffering from post-traumatic stress syndrome.

According to the Survey on Transition to Civilian Life: Report on Regular Force Veterans, dated January 4, 2011, clients of Veterans Affairs Canada reported complex states of health. The great majority, more than 90%, reported at least one physical health condition diagnosed by a health professional—that is a very high percentage—and about half reported at least one mental health condition. Two-thirds had four to six physical and mental health conditions, and a fifth had even larger numbers of comorbid conditions, that is, the presence of two or more conditions in the same individual.

Overall, 6% of veterans reported having thoughts of suicide in the previous 12 months. Of those covered by the new veterans charter, 57% had trouble reintegrating into society.

Therefore, a great deal of work remains to be done to provide services to those who return from military missions with psychological trauma. They return to Canada and must return to society. Fifty-seven per cent is more than half; almost 6 in 10 have serious problems with reintegration.

The state of health, the degree of disability and the determinants of health of regular force veterans released from military service between 1998 and 2007 were worse than those of the general Canadian public.

I have some more statistics. Seventy-three per cent of veterans are very satisfied with their financial situation. Once they leave the forces, the satisfaction rate falls to 50% for veterans covered by the new veterans charter. Thus, 57% are dissatisfied with their financial situation once they leave the forces. Veterans covered by the new charter have their average income reduced much more sharply. Their income may be reduced by up to 64%. The income of veterans on a disability pension may drop by 56%.

There is still a lot of work to be done. This bill introduces new measures. The minimum compensation for earnings loss for a veteran in rehabilitation has been increased to $40,000, and this will affect 2,300 veterans over the next five years. Access to the permanent impairment allowance and the exceptional incapacity allowance has been improved. This means that 3,500 more veterans will be eligible. There is an additional $1,000 per month being offered to veterans who receive the permanent impairment allowance and who cannot return to work. Five hundred veterans will benefit from this measure over the next five years.

That is a step in the right direction. However, there is the issue of the lump sum payment, which the veterans have requested. Replacing this amount and reinstating the lifetime monthly payment are major advances.

The minister is here, and I would like him to listen to this. We are talking about accessibility to services and services tailored to families, services that are close by, especially in rural areas such as my riding of Berthier—Maskinongé and other regions of Quebec.

[Peter Stoffer, NDP, Sackville—Eastern Shore, NS]

Mr. Speaker, as the hon. member knows, in clause 49 of Bill C-55, which I hope the minister has a chance to look at, there is a slight problem. It basically says that the amount the veteran's family would receive from the disability would be payable out in whole to the estate if, and only if, the death occurred 30 days after the aggrieved injury was noticed. The problem with that of course is that PTSD can strike a person at any time. We have heard it can strike right away after a traumatic event or 20 years later.

The problem is that if the person, 20 years after the event, commits suicide because of his or her post-traumatic stress disorder, what happens to the payment? Would the person or the estate be entitled to anything at all?

This particular limit needs to be vetted at committee. I wonder if the member has any comments on clause 49 of Bill C-55.

[Jean-Pierre Blackburn, Conservative, Minister of Veterans Affairs and Minister of State (Agriculture)]

Mr. Speaker, we appreciate the fact that the hon. member for Etobicoke North and her party will support Bill C-55.

Regarding the question of homeless people, the member heard that we had three pilot projects to try to support those people and to try to find them. That is the most important part of the problem. Where are they in the field? Some of our civil servants who work for Veterans Affairs Canada work closely with those organizations particularly in Vancouver, Montreal and Toronto and, as I said, we try to find the veterans. When we find them, our department is very interested in looking at whether they should obtain support from us. All of them, may have services from our department. When we find them, that is what we do.

I saw some veterans a few days ago. They are not going anywhere in their lives. They have huge problems. When we find them, we deliver services to them. I saw some of them expanding in society. They are very pleased with what we do for them. Again, it is finding them. That is the most important thing.

I appreciate the support of the member of Parliament.

[Kirsty Duncan, Liberal, Etobicoke North, ON]

Mr. Speaker, I rise today to speak to Bill C-55, An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act.

Before I begin, I must honour all our veterans, their families, the fallen, and those still serving. There is no commemoration, praise or tribute that can truly match the enormity of their service and sacrifice. I want them to know that serving them has been one of the greatest privileges of my life and that their stories of sacrifice, service and strength are being heard.

For example, I will not forget the words of a few gentlemen in Halifax who survived the fire on HMCS Kootenay, the worst peacetime accident in Canadian naval history. Survivors then had to fight to prove they were on the destroyer in order to get any help from Veterans Affairs Canada.

Their life experiences affect me and all Canadians deeply, and remind us that we owe them a debt of gratitude we can never repay. Instead of trying to repay our obligation, we let them down on so many issues. For example, too many injured veterans go without the care they need. Too many veterans do not receive the support they have earned. Too many veterans have nowhere safe to sleep at night. It is truly shameful that a 92-year-old veteran in Edmonton ever had to say to me, “There is a long road to go to make this right and you must not give up because we never did”.

I, therefore, want to apologize for the fact that this year veterans across Canada yet again had to be the heroes. They had to lead us to see the injustices and push us to begin to right the wrongs. They felt compelled to organize a national day of protest to beg for the privacy, care and help they were owed and needed. We broke our sacred trust with them and for this I am profoundly sorry.

We have a moral obligation to our veterans and their families, an obligation to listen to their concerns, understand them and, most importantly, address them. Specifically, we owe them the care they were promised and the benefits they have earned.

Days before Parliament resumed this past September, the government issued a first veterans announcement. Clearly, the government did not want to return to face questions on why nothing had changed since the implementation of the new veterans charter in 2006. A series of announcements continued to trickle out throughout the fall of 2010. The Minister of Veterans Affairs tabled Bill C-55, the enhanced new veterans charter act, on November 17.

The proposed legislation brought together several of the fall announcements and would make changes to the new veterans charter, as called for by several veterans organizations, including the Royal Canadian Legion, and would introduce changes to the administration of the lump sum disability award. Specifically, Bill C-55 would amend parts 1 to 3 of the new veterans charter, as well as part IV of the Pension Act.

On behalf of veterans, I must ask why the government waited four years to propose any change to the new veterans charter, which had been hailed as a living document, a work in progress that would be continually adapted to meet the changing needs of veterans? I must also ask why Veterans Affairs Canada did not live up to its 2006 commitment to review lump sum awards versus disability pension within two years?

Former veteran ombudsman Pat Stogran explained to the Senate Subcommittee on Veterans Affairs that such examples of lack of timely action undermine the sincerity of the chorus of loyalty to our veterans. Liberals have no intention of holding up this bill and will work in the best interests of veterans and Canadian Forces members and, most importantly, work to ensure that this bill rightfully addresses their needs.

With the rumour of an election in the future, we want to ensure the passage of Bill C-55 and its extra support for veterans.

On behalf of veterans, I must also ask why the government did not fully respond to veterans concerns about the lump sum payment. A study by the minister's own department found that 31% of veterans were unhappy with what they received.

While the minister promised new improvements to the lump sum payment, the government merely divided up the payment differently, for example, as a partial lump sum and partial annual payments over any number of years the recipient chooses, or as a single lump sum payment.

In November I met with second world war veterans, Korean war veterans, Canadian Forces veterans, reservists, RCMP and commissionaires at the Royal Canadian Legion Branch 362 in Saskatoon. Every one I met believed that the government must make immediate changes to the problematic lump sum payment system. I was deeply saddened to learn that everyone knew of a veteran who had little to live on and that many veterans are working into their seventies and eighties because they need the money.

The Royal Canadian Legion would still like the department to address the amount of the lump sum payment which currently stands at a maximum of $276,000. In Canada, disabled workers receive on average $329,000. Australian service members receive about $325,000, and British service members receive almost $1 million. The Legion feels that those injured while serving their country should expect to receive at least the same amount awarded to civilian workers whose lives have been drastically changed by circumstances beyond their control.

Having pointed out this concern, there are important changes in the proposed legislation: at least $58,000 per year for seriously wounded or ill veterans, those too injured to return to the workforce; a minimum of $40,000 per year no matter what the salary when serving in the Canadian Forces for those receiving the monthly earnings loss benefit; an additional monthly payment of $1,000 for life to help our most seriously wounded veterans who are no longer able to work; improved access to the permanent impairment allowance and the exceptional incapacity allowance, which will include 3,500 more veterans.

It is also important to point out what, according to the Legion, has not been addressed: a larger disability award in line with what is provided to Australian veterans and to disabled civilian workers who receive general damages awards in law court; improved funeral and burial benefits; improved earnings loss benefits to provide 100% of pre-release income and, if permanently incapacitated, provide ELB for life; projected career earnings of a Canadian Forces member should determine minimum ELB payment; and promotion of academic research to support integrated approach to establish VAC entitlement eligibility guidelines.

According to the Minister of Veterans Affairs Bill C-55 is only the first step to addressing veterans concerns, but it is a good place to start. We agree. The proposed legislation is a small step forward, and we are prepared to support this bill because our veterans need urgent help now and because the minister assures us that further changes are coming. We hope this first step represents a real shift in thinking, in acting, that will address other gaps.

What really matters is how veterans and veterans organizations feel about the proposed legislation. Dominion president Pat Varga said:

This bill, as a first step, makes great strides in improving the New Veterans Charter and encompasses many of the recommendations made by the New Veterans Charter Advisory Group and the House of Commons Standing Committee on Veterans Affairs. The Legion considers that further improvements are needed to the charter on which we look forward to continuing the ongoing dialogue with [the minister].

Pierre C. Allard, service bureau director, Dominion Command, reports, “We are ready to appear at ACVA and present our views on the way ahead....but the bottom line is that we suggest strongly that Bill C-55 should be enacted as soon as possible so that veterans and their families can benefit from proposed improvements”.

The second communication reads, “with the proviso that Bill C-55 is but chapter 2 of future chapters, it should be passed as is ASAP”.

The Gulf War Veterans Association states:

“We actively seek your co-operation and your support for the expeditious passage of Bill C-55 through the House Standing Committee on Veterans Affairs and during the subsequent parliamentary steps.

Although collectively we feel the bill falls somewhat short in addressing all the problems of the New Veterans Charter, it is nonetheless an important step in implementing corrections with the problems in the charter. With an upcoming election possible, the future of Bill C-55 looks uncertain and it could well die on the order paper. We humbly request that you support a one-day debate of the bill, followed by approval, which in turn would provide adequate time for members of all groups to express their concerns.

In closing I ask again, on behalf of all veterans, for your co-operation to help our veterans receive their much-needed and markedly improved benefits as soon as possible. This cannot happen if the passage of Bill C-55 is not handled expeditiously. Please help our veterans”.

The Canadian Association of Veterans in United Nations Peacekeeping states, “request the quick passage of Bill C-55. We appreciate there are changes to be made to the New Veterans Charter and I respectfully suggest (hope) that changes will occur one step at a time. I fully support the idea that the New Veterans Charter is a living document”.

The Canadian Peacekeeping Veterans Association states, “it seeks your cooperation to support the passage of Bill C-55. Although the bill falls far short of addressing all of the problems of the New Veterans Charter, it is a first important step forward in the process of finishing and correcting problems in the charter. With election talk increasingly in the air, the future of Bill C-55 looks very bleak and it could well die on the Order Paper if there is an election call”.

In summary, the minister, veterans' organizations, veterans and we are in agreement that Bill C-55 does not cover all the requirements that we would like to see, but we do agree that it is a small step and one that should be taken before a possible election.

As was relayed to me, “Time is of the essence. After the bill is passed then we can start discussing more improvements to veterans' benefits. If we start asking for changes now, you know as well as we, that the bill will be stalled and there will be more meetings. Please, one step at a time and then we can move on. We agree, it is a small step, and more is needed”.

While there is clearly very strong support for the legislation, some veterans say that the changes do not go far enough, for example, to help our veterans facing poverty and homelessness.

This past Thanksgiving, more 800 food hampers were to be delivered to the needy veterans and their families in Calgary alone. We absolutely need more facilities, like Cockrell House, believed to be the nation's first homeless shelter for veterans because there are still many veterans living up in the bush and on the streets.

The veterans I met during my visit to Cockrell House wanted us to understand that they loved serving their country, that they would still be on the streets if it were not for Dave Munro and Russ Ridley, who helped launch this important facility. Dave explained that when he enlisted, new recruits signed an unlimited liability clause, which meant they were obligated to do whatever was requested, no matter what the hazard. Dave feels that because of the enormity of the sacrifice they were asked to make, Canada owes them and should help them get back on their feet.

Luke Carmichael was one of the homeless. The Halifax native arrived in Victoria a decade ago with no money and no place to stay after serving 19 years in the armed forces, including a stint in Cyprus. He spent seven years living in a tent and three years in a trailer. Luke said that he found much needed support at Cockrell House. He now has a beautiful apartment, kept tidy with military-like precision, and is reunited with his sweetheart of 40 years ago.

Cockrell House exists because of volunteers like Angus, Terri and Karl, all of whom help run this facility at considerable personal expense. Cockrell House will need to obtain permanent funding next year to continue its important work, despite the generous support from people like Russ Ridley.

Veterans across this country want real change. One veteran told me that because VAC initially withheld a compensatory award, he ended up homeless. Another veteran was sent a cheque for $40,000, only to have $28,000 reclaimed, causing him to lose his house.

Let us commit today to addressing all challenges faced by our veterans. As one veteran in Halifax said to me, “There are a lot of suffering veterans out there who VAC knows about, and even more out there who no one knows about. They are not followed”. He told us of three young veterans who died alone suffering from PTSD and who had lost their spouses. “Let's keep them alive”, he said.

Our veterans deserve more than one day, one week of remembrance. They have earned care when they need it and throughout their lives, lifelong respect and the necessary economic, familial and social supports to transition back to civilian life, to adjust to a new life or to age with dignity and grace. They do not want empty, hollow words with no action. They deserve leadership with real change and they deserve what they did so extraordinarily well, namely action.

[The Chair, Conservative, Gary Schellenberger]

Okay. With that, I thank our witnesses today for a very informative meeting.

We wish you all the best, sir, in your new position, and maybe we can do what Peter said. Maybe one day we can come to your office and maybe have a tour to see how your operation works.

With that, I thank you very much.

I think Bill C-55 might be coming to the floor, so the meeting is adjourned.

[Jean-Pierre Blackburn, Conservative, Minister of Veterans Affairs and Minister of State (Agriculture)]

moved that Bill C-55, An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act, be read the second time and referred to a committee.

Mr. Speaker, I rise today in this House on behalf of our veterans. They have defended our values throughout the world and deserve the support of the government to ensure that, when they face difficult times upon their return—I am thinking of our veterans in the modern era— they are given the appropriate assistance, especially if they are injured.

Today, we will continue studying the important Bill C-55, which is at second reading. Passage of this bill means a great deal to our veterans. The government has agreed to provide $2 billion to come to the assistance of our veterans. I am thinking, among others, of the veterans in the modern era, those returning from Afghanistan with injuries. It is our responsibility to ensure that, should they have this misfortune, they at least do not have financial difficulties in future.

What are the statistics? We provide services to approximately 140,000 veterans. Of this number, 65,000 are veterans of World War II or the Korean War. The average age of the veterans of these wars is 87. We also provide services to approximately 67,000 veterans who served after the Korean War and whose average age is 57. These include modern-day veterans who are around 20, 25 or 30 years old and who are returning from Afghanistan.

As you may expect, these modern-day veterans have different needs than those who served in World War II or the Korean War, whose average age is 87, as I just mentioned. Why do they have different needs? They are young and, when they return wounded, their objective is to return to civilian life and to find a new job that fits their new reality—I am referring to any physical or psychological injuries they may have. The services we provide to them must therefore take into account this new reality that did not exist before.

What were our veterans receiving before? In the past, veterans received a disability pension, medical benefits, of course, to ensure that they could live independently, and long-term care, depending on their needs in this regard.

Today, our “new” veterans, our modern-day veterans, have completely different needs. In 2005, Parliament, in its wisdom, passed a new veterans charter. The vote was unanimous given the new needs. The reality of these individuals is different; they want to be rehabilitated, return to civilian life and continue to live a full life, and we provided a range of new services related to this new reality.

Despite the fact that this new charter was passed unanimously, we told our veterans and the associations representing them that the charter would be an evolving one. In fact, we have been listening and have now determined, based on the experiences of those who have come home wounded, that there are problems with the new charter that must be fixed.

Who did we listen to? We listened to the seven associations that represent them. I am referring to the Royal Canadian Legion, the Canadian Peacekeeping Veterans Association and other veterans' groups. We also listened to our veterans themselves and the ombudsman, who shared certain points of view with us. We also listened to parliamentarians who made comments on the changes that are needed. We also listened to our troops in Afghanistan. What is more, I went to Afghanistan where I had the opportunity to listen to what our soldiers had to say about the lump sum payment. I will elaborate on that in a few minutes.

We also listened to suggestions from representatives from standing committees and from the new veterans charter advisory group on changes to be made.

We said it was a living document. The government listened to what it was told and decided to make changes to this charter in order to meet the needs of today's soldiers and veterans.

What changes are we going to make to this new veterans charter? There are three changes, but they will bring in four other changes.

The first change involves income allocation. The basic purpose is to ensure that the veteran participates in a rehabilitation program in order to be able to return to civilian life, hold a new job taking any handicap into account, and continue to live a full life. A modern-day veteran returning from Afghanistan injured and participating in the rehabilitation program, will receive an allowance equivalent to 75% of his or her salary. However, a low-income earner receives roughly $26,000, which is not enough. Adjustments had to be made because some of these veterans have families and young children.

This is what Bill C-55 would do. A corporal's salary will now serve as the base for the 75%, meaning that a veteran returning injured from Afghanistan will receive at least $40,000 annually while participating in a rehabilitation program.

The second change concerns the permanent monthly allowance. We found that those coming home seriously injured and unable to return to work were not receiving enough financial help. Currently, soldiers returning home receive between $536 and $1,639 per month, based on the severity of their injuries. Those who cannot return to work because their injuries are too severe will receive an additional $1,000 per month for the rest of their lives.

Soldiers who have been seriously injured and cannot return to work due to the severity of their injuries will receive a minimum of $58,000 per year until the age of 65.

When the legislation was unanimously passed in 2005, the new veterans charter did not take veterans' previous injuries into account. That will be fixed: we will also take those injuries into consideration, which means that 3,500 people will now be receiving between $536 and $1,609 per month, and those amounts have now been indexed. Those 3,500 people will now benefit from this new measure.

I would now like to talk about the lump sum payment. For months a rumour was spreading that the government was giving nothing but a lump sum payment of $276 to injured veterans coming home from Afghanistan. It was also said that they were not being taken care of afterwards. But that is not true. Our veterans receive the first two benefits I spoke about, in addition to a third, the lump sum payment.

According to critics, people were often not able to properly manage the $276 that they received as compensation for their injuries. We checked, and 69% of veterans were satisfied, but 31% were not and would prefer to receive a different form of compensation.

We examined the 31% closely and found that they were often cases of people with mental health issues or people suffering from post-traumatic operational stress.

When I went to Afghanistan, I told our soldiers that I was prepared to change to be more flexible. One of our soldiers asked me to give them as much flexibility as possible. On the plane on the way home, I told myself that I would go further than I had planned to ensure that the needs of our modern-day veterans, who may come back from Afghanistan wounded, are met.

Under our bill, people will now have options with regard to the lump sum payment. If they prefer to receive the amount in cash, they can do so. If another veteran prefers to have the money as an allowance over a certain number of years, we can do that. If he or she wants to have it allocated over 5, 10, 20 or 25 years, it is possible. The veteran will receive an annual payment allocated over the desired number of years. The veteran can also choose to receive a combination of the two types of payments, receiving part of the amount in cash and part allocated over the desired number of years. These three changes in Bill C-55 will serve to better meet the needs of our modern-day veterans.

However, that is not all we did this year. As I mentioned, we have been listening to what our veterans have to say. We have made improvements to the system for those suffering from amyotrophic lateral sclerosis. In the past, each case was examined individually and not everyone had the right to all services. We decided to change that, and now, anyone who is diagnosed with amyotrophic lateral sclerosis will receive all the services that the department provides to veterans.

Another issue is agent orange. People wanted the eligibility period for the ex gratia payment of $20,000 to be extended by a year. Just before Christmas, I went to Fredericton to confirm that our government is extending the period by one more year. In addition, widows, who were not previously eligible, are now completely eligible for this ex gratia payment of $20,000. I cannot begin to express how happy these people were with our government's decision.

Another priority is to improve the quality and efficiency of the services we provide to our veterans. Among other things, we plan to reduce processing wait times by one-third by the end of March so that we provide services more effectively to our veterans.

We have also developed a new telephone system. Now, 80% of the veterans who call us receive an answer within two minutes.

We will also increase the number of case managers. Veterans returning from Afghanistan want to receive quick responses. We have added 20 case managers in the field, and in less than two weeks, our modern-day veterans can get answers about their rehabilitation plan.

We will also give departmental employees working on the front line more decision-making power, so that they can make quick decisions in providing services to our veterans. And this is just the beginning, since I am committed to paying close attention to the needs of our soldiers and our veterans, and to remaining in close contact with the associations that represent them.

This is a first step, here. My department is the only one to have received an additional $2 billion that was not originally included in the budget so that we can meet the needs of our modern-day veterans and ensure that our programs are tailored to their reality.

We will continue to work with organizations and advisory groups. I also want to thank the parliamentarians in this House. Since there are talks of a possible election in the very near future, we must ensure that our veterans, including our modern-day veterans, do not end up paying the price. This bill must be passed before the budget is passed, so that any injured soldiers and all soldiers becoming veterans have access to the services of the Department of Veterans Affairs and this government.

I thank hon. members for their support.

[The Chair, Conservative, Gary Schellenberger]

There's just one thing. I know Bill C-55 is coming up, but today we're here on operational stress and suicide. We would like to try to keep those questions as much as we can to that, please.

Go ahead. You still have two minutes.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Thank you, Mr. Chair.

In your concluding remarks you made reference to Bill C-55, and you're anxious to see that particular bill pass. I take it you're familiar with the content of the bill. If so, can you give any indication if there are things that should be included in that bill that could be possible amendments? Are there other things that vets are looking for?

[Guy Parent, Veterans Ombudsman, Chief Warrant Officer (Retired), Office of the Veterans Ombudsman]

Thank you.

Mr. Chair, members of the Committee, I would first like to thank you for your invitation to appear before the House of Commons Standing Committee on Veterans Affairs. This is my first appearance before a parliamentary committee and I am pleased to be participating in this discussion with you today.

With me is Colonel (retired) Charlie Cue, Director of the Research and Investigation Section and Special Advisor in my office.

You have invited me here today to discuss the work done by the Office of the Veterans Ombudsman in relation to combat stress and its consequences on the health of veterans and their families.

I would like to start by saying that I salute the work done on this issue by this committee and in fact by several other bodies. I hope that my views will be useful in your discussions.

Before going into the subject in hand, let me share with you how the Office of the Veterans Ombudsman operates under my leadership. We currently provide three main services to the veterans community. We provide information on the various programs and services available to veterans and their families through Veterans Affairs Canada and other groups serving the veterans community. We provide assistance and referrals to veterans who come to us, often as their last resort, after being bounced between organizations or after receiving conflicting advice. We also provide intervention. This can be as simple as an informal mediation between a veteran and a service provider on a single issue, or as complex as a full investigation of a systemic problem culminating in a formal report with recommendations.

To get back to the subject at hand, I would first like to say that I prefer to use the term "operational stress injuries", since it is a broader term than "combat stress". Many veterans who seek assistance from the Office of the Veterans Ombudsman are often dealing with issues relating to operational stress injuries, even if there is another reason for their call. That is why the Office has an interest in this issue.

Here are a couple of examples that represent different issues brought to our office by veterans and their families in relation to their dealings with Veterans Affairs Canada. Both cases show that Veterans Affairs Canada appears to be ill-prepared to deal with veterans in a crisis situation.

In the first case, a veteran was in receipt of psychiatric services from a physician located in Ottawa, although he was a resident of Montreal. Veterans Affairs Canada, recognizing the importance of the patient-physician relationship, agreed to reimburse the travel for this arrangement. However, the physician in question was posted to Trenton, and when the veteran found himself in a crisis situation and requested permission to travel to Trenton to see his physician, Veterans Affairs Canada refused his request. After three months, when the spouse of the veteran contacted Veterans Affairs Canada because the veteran had become suicidal, she was advised to contact 911. As a last resort, she contacted the Office of the Veterans Ombudsman, which began negotiating with Veterans Affairs Canada on her behalf. During the course of these negotiations, the Department of National Defence stepped forward, resolved the issue in a two-day period, and agreed to reimburse the veteran for his travel to Trenton.

In the second case, during the course of an in-depth transition interview, it was recognized that a veteran had significant mental health issues. Veterans Affairs Canada did not follow up with the veteran after he retired from the Canadian Forces. When his condition deteriorated, the veteran wound up in the criminal justice system and was incarcerated in a psychiatric institution. The family contacted the Office of the Veterans Ombudsman because they did not know where else to turn. We liaised with Veterans Affairs Canada, which eventually addressed the issue.

These two examples show the importance of responding quickly to the needs of veterans suffering from operational stress injuries, since their problems can deteriorate quickly.

That is why the Office of the Veterans Ombudsman will continue to be on guard and provide advice concerning services and programs offered to veterans dealing with operational stress injuries and the Department's transformation agenda. All of the measures designed to simplify and expedite the delivery of services will have a positive impact on veterans who have operational stress injuries.

The Office of the Veterans Ombudsman will work with the Department on mental health issues, and will challenge it from time to time, when we intervene on behalf of the veterans who seek our services. I would also like to point out that employees of the Office have received training so they are better able to help veterans in distress when they call. That information has been very useful.

Individual interventions, discussions with the Department in that regard and any systemic research we might undertake in future will be based on research and studies done by other organizations. That will avoid duplicating effort in this area.

There are a number of relevant areas that you may want to consider in your work, as these may have been overshadowed by more visible issues. Among other things, there are access to occupational stress injury clinics and transition challenges. Maybe I'll elaborate a little bit about these particular points.

In terms of access to occupational stress injury clinics, we are concerned that people in crisis don't have direct access to occupational stress injury clinics. There are challenges with transitions, going from a spectrum of care in the National Defence area to a spectrum of care by Veterans Affairs Canada. The difference between transitioning from medication and transitioning from a caregiver is an issue that needs to be looked at.

There is complex bureaucracy and red tape in processes at Veterans Affairs, which in fact are really worse for somebody suffering from mental injuries than for somebody suffering from physical injuries. Everything makes those more complex for them.

There is also how Veterans Affairs is dealing with new research that is available in different fields, recognizing some of the latest reports that make linkages between conditions of service and possible injuries. There is the national strategy on homeless veterans. There is awareness and access to programs and services for reservists in particular, and the lack of research on veterans in the criminal justice system. Previously we quoted an example about somebody who did end up in the justice system, but there is no way of tracking how many veterans are in fact there right now.

In 2011 I will continue to push forward on veterans issues by focusing on unfair practices and making realistic recommendations for change. This will benefit all veterans, including those with operational stress injuries.

To focus energies and to guide both me and the Office of the Veterans Ombudsman, I have chosen “One Veteran” as the 2011 theme. This will reinforce the idea that since sailors, soldiers, airmen, and airwomen, as well as members of the Royal Canadian Mounted Police, do not question where and when they must serve, for Veterans Affairs Canada and the Royal Canadian Mounted Police to determine the level of programs and services that will be provided based on the type of service rendered is an injustice of the first order.

To this end, I will be working closely with veterans advocacy groups to encourage them to consolidate their efforts to make the “One Veteran” principle a Veterans Affairs Canada reality, with the focus on service in general rather than on service “where and when”. I believe that the application of the “One Veteran” principle will simplify processes, lower costs, and result in better service to veterans.

In the coming months, based on the September 2009 report the office published entitled “Serve with Honour, Depart with Dignity”, I intend to pursue the recommendations already made to the minister regarding funeral and burial expenses. I will be putting forth recommendations on identified unfairness issues concerning the veterans independence program, and I will be taking a critical look at the Veterans Affairs transformation agenda.

I encourage you and your parliamentary colleagues to move to pass Bill C-55, an act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act. Although not comprehensive, the extra support that is offered is needed.

In conclusion, I want you to know that I focus on people and the effectiveness of outcomes rather than processes. We are seeing positive changes in the world of mental health at the Office of the Veterans Ombudsman. We will continue to provide an objective viewpoint as to whether or not these outcomes are successful.

Thank you, Mr. Chair.

Business of the House

[John Baird, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, we are working hard to make Parliament work. I know that when it comes to Bill C-49, the Liberal House leader and his caucus want to kill Bill C-49. They do not want to send it to committee. We will call Bill C-49 for debate. We will call it for a vote and we look forward to members going on record to take their positions on that very clearly.

The government continues to make Parliament work and has been able to move our legislative agenda forward this week. I thank all members of the House for passing Bill S-6 Serious Time for the Most Serious Crime Act, which would get rid of the faint hope clause, and make its way through the House of Commons. I think that was a good day. There were a number of victims' representatives in the gallery and I was very proud of that, as I think all members should be. We also passed Bill C-48 Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act, which will move to the other place.

Today we will continue the debate on the report stage of Bill C-46 Canada-Panama Free Trade Act, Following Bill C-46, we will call Bill S-10 Penalties for Organized Drug Crime Act, and Bill C-55 Enhanced New Veterans Charter Act.

Next week we will continue with the unfinished business from this week, plus Bill C-57 Improving Trade Within Canada Act; Bill C-50 Improving Access to Investigative Tools for Serious Crimes Act; Bill C-12 Democratic Representation Act; and Bill C-20 An Action Plan for the National Capital Commission, .

To respond to the Liberal House leader's question, we will have opposition days scheduled for Tuesday, February 8 and Thursday, February 10, which would be for the Bloc Québécois.

I also will be giving priority to any bill that is reported from committee so that we can continue to move the legislative agenda forward.

Enhanced New Veterans Charter Act

[Jean-Pierre Blackburn, Conservative, Jonquière—Alma, QC]

moved for leave to introduce bill C-55, An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act.

(Motions deemed adopted, bill read the first time and printed)