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Veterans Affairs committee  Correct. I should point out that you don't want your rights as such, in the bill of rights, subject to change by regulation. If those are the sacrosanct Ten Commandments on the tablet, then you want them to be changeable only by the parliamentary initiative. It's the regime that

March 29th, 2007Committee meeting

Rob Walsh

Veterans Affairs committee  Correct, along with the commitment to service levels and so on.

March 29th, 2007Committee meeting

Rob Walsh

Veterans Affairs committee  Let me give you an example. I was briefly a legislative counsel in one of the provinces. We had a situation that became very difficult and a matter of public controversy in the educational domain. We had the act that set standards, then we had the regulations, then we had the mi

March 29th, 2007Committee meeting

Rob Walsh

Veterans Affairs committee  Yes, nuisance files. You have to trust the ombudsman, and the language and legislation could be there for that purpose, to have the authority to deal with those cases and not feel obliged to follow up on complaints that in his judgment are either frivolous, vexatious, eccentric,

March 29th, 2007Committee meeting

Rob Walsh

Veterans Affairs committee  If a veteran can choose between the ombudsman or some other recourse provided for in the Charter, then there needs to be a mechanism in place to ensure respect for the rights conferred by the Charter. Who is going to ensure that rights are respected? Either the courts, or a tribu

March 29th, 2007Committee meeting

Rob Walsh

March 29th, 2007Committee meeting

Rob Walsh

Veterans Affairs committee  What came to mind first was to limit the choices available so that veterans first look to the ombudsman for help. I felt that it would be more effective to direct all veterans' requests to the ombudsman's office.

March 29th, 2007Committee meeting

Rob Walsh

Veterans Affairs committee  Obviously, when all is said and done, if the veteran is dissatisfied with the outcome, he can contact a member of Parliament who in turn will decide whether or not to follow up on the complaint. Moreover, at the same time as the ombudsman's office is investigating the complaint,

March 29th, 2007Committee meeting

Rob Walsh

Veterans Affairs committee  Just on your earlier point, if I may, Mr. Chairman, the ombudsman asking if you have exhausted all your remedies says something to me. I don't know which ombudsman you're referring to in saying that, but that ombudsman may be saying that in the regime under which he or she operat

March 29th, 2007Committee meeting

Rob Walsh

Veterans Affairs committee  There might be a bill of rights in some private associations or clubs. But no, I don't think there's anything that one purports to have enforceable that isn't somehow legislation or quasi-legislation.

March 29th, 2007Committee meeting

Rob Walsh

Veterans Affairs committee  You'd have to have it. Do you know of any?

March 29th, 2007Committee meeting

Rob Walsh

Veterans Affairs committee  Mr. Chairman, the ombudsman, or an officer like the ombudsman, is what you're looking for as an intermediary between the veteran and the bureaucracy. The scenario you describe, which I gather is not an unusual one, is one where simply the veteran has found himself or herself inef

March 29th, 2007Committee meeting

Rob Walsh

Veterans Affairs committee  Right, Charlottetown. So they're not in a position to deal with it. Yes, going to an ombudsman-type person to act as an intermediary is important. That ombudsman in the legislation could have these bills of rights as his context, his criteria, by which he represents the veteran,

March 29th, 2007Committee meeting

Rob Walsh

Veterans Affairs committee  When the veteran was in the army, he got in line, didn't he? When he gets to the ombudsman's office, you have to trust the discretion of the ombudsman to respond appropriately and to service veterans with respect. Mr. Cuzner, I thought you were going with the idea that maybe we h

March 29th, 2007Committee meeting

Rob Walsh

Veterans Affairs committee  If I could just comment, as I said earlier, you could have a regime where the ombudsman simply has to find a prima facie case of a lack of adequate service, and then the onus is on the department to show that they have done it. Now the burden and the complication of legal hoops,

March 29th, 2007Committee meeting

Rob Walsh