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 bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Jean-Pierre Blackburn  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Enhanced New Veterans Charter ActGovernment Orders

March 11th, 2011 / 10:45 a.m.


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Bloc

Nicolas Dufour Bloc Repentigny, QC

Mr. Speaker, my colleague raised a very interesting point. The Conservatives are always at the ready for photo ops with the military and to say that they defend the military and that it is a priority for them. Now we see that veterans who return to Canada unfortunately are not a priority for the Conservatives. We must defend the veterans. The Conservatives are willing to spend almost $30 million to purchase F-35 fighter jets, but nothing on veterans.

I would like to know how my colleague feels about this hypocrisy.The Conservatives are willing to have their photos taken with the military, and they say they are pro-military and prepared to defend soldiers, but when the time comes to help them after they return home, they do nothing.

Enhanced New Veterans Charter ActGovernment Orders

March 11th, 2011 / 10:45 a.m.


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Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, I thank my colleague for the question. All of us appreciate the efforts of our troops on the front. When we oppose a measure that it wants to implement, this government says that we are against the troops. The opposite is true. That is a despicable response to questions about investments in Afghanistan and the F-35 fighter jets.

It is very nasty of the government to continue saying that we are against the soldiers because we want them to be treated better. It is not true.

Enhanced New Veterans Charter ActGovernment Orders

March 11th, 2011 / 10:45 a.m.


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NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, I thank my hon. colleague for her passionate speech and her support for the veterans in her riding.

I, too, have been a strong advocate for the veterans in my riding. I think of Joe, Tiny and Bill who all come into my office and talk to me about the issues they are having.

It is great that we are talking about Bill C-55 and getting that money out there. Once we get the bill passed, the money is there, but the problem they are having is getting the money. They are being denied claim after claim.

Is it not time that we actually find some way, through Bill C-55, to ensure our veterans get the money they deserve, rather than having to come and see us all the time and beg, plead and borrow to ensure they get the money they deserve and fought for?

Enhanced New Veterans Charter ActGovernment Orders

March 11th, 2011 / 10:45 a.m.


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The Deputy Speaker Andrew Scheer

The hon. member has 30 seconds to reply.

Enhanced New Veterans Charter ActGovernment Orders

March 11th, 2011 / 10:45 a.m.


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Bloc

Nicole Demers Bloc Laval, QC

Mr. Speaker, I will be brief. My colleague is quite right. It is time for us to choose to do things differently and to do more for our veterans. I repeat that we will be voting in favour of this bill because we believe it is a step in the right direction. However, it is not enough.

Enhanced New Veterans Charter ActGovernment Orders

March 11th, 2011 / 10:45 a.m.


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NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Mr. Speaker, I am proud to rise on behalf of the NDP to debate the third reading of Bill C-55.

I want to say at the outset that when the bill first came to us in November, we looked at it very carefully and talked to various organizations and individuals, and we gave the minister our private and public support for Bill C-55, on the premise though, and this was a great big but, that the minister and department had told us and the House that further changes were coming.

We welcome this type of dialogue. It is for this reason that I want to personally congratulate the minister for what he surely recognizes, the ongoing concerns our veterans and their families, and RCMP members and their families are facing in this country.

The fact is that Bill C-55 is a short step forward, a minor step forward to be completely honest. We know where the difficulties lie within the Department of Veterans Affairs. We know that we can never ever have enough money to do everything that we wish to do.

However, we can streamline the process. We can make sure that veterans and their families, and RCMP members and their families do not have to go on television to plead their case before the nation, as Major Mark Campbell did just the other day on CTV in Calgary.

Let us think about that. Here is a hero of our country who lost both his legs in Afghanistan, who said very clearly, “I didn't end up this way just so I could earn 25 per cent less than I did before I lost my legs”.

No veteran, especially a disabled veteran, either psychologically or physically, should have to do that. It should be a no-brainer. The department should have immediately sat down with him, assessed his needs and determined exactly what he required to carry on with his life.

On the new veterans charter, let me provide members with a little historical asterisk. I remember the great Jack Stagg, who was probably one of Canada's finest public servants. He helped negotiate the Marshall decision in 1999 regarding Donald Marshall, the aboriginal Canadian. He helped in the creation of Nunavut. Most importantly in my mind, Jack Stagg was instrumental in developing a new veterans charter.

I remember sitting with Jack Stagg, and rest his soul, as he is no longer with us, and the department. They were very clear that the veterans charter might have the odd flaw, but they wanted to change the paradigm of veterans' care from not just giving veterans money and keeping them at home for the rest of their natural lives, but providing them and their families with educational opportunities and providing rehabilitation services where they could become productively employed members of our society.

I say this because many of these veterans are quite young. In fact, if I am not mistaken, our youngest veteran in the country is about 19 years old. I believe our oldest, if I am not mistaken, is about 102 or 103 years old. There is a wide range of veterans in this particular regard.

It is true that it is a challenge within the department to recognize the needs of and assistance required by these various age groups and the various indications of disabilities, psychological, mental or physical they may have and what they require. There is not one policy that fits all.

When the four leaders at that time came back from Holland in 2005 they recognized that the charter was a good thing. It was then passed in this House on the premise that it was a living document, meaning a document that implied that when there were problems and anomalies and errors, they would be corrected and be corrected rather quickly.

Our challenge is that we are now five years into the charter, and Bill C-55 is the first opportunity for change. This opportunity for change is a small step. The government had every opportunity to make a huge step to improve the lives of veterans, RCMP members and their families, but it chose a smaller step.

I do not buy the argument of fiscal restraint. For example, the government can allocate, at the snap of its fingers in an untendered contract, $30 billion for new jet fighters. And do not get me wrong on this, because the CF-18s indeed need to be replaced, but we just do not know if the F-35 is the right type of aircraft. However, if the government can be that aggressive on that type of procurement, then surely to God it could be that aggressive when it comes to helping veterans. Surely to God, veterans should not have to wait years to get a hearing and then when they get to that hearing, their claim is denied. Why are they denied? It because of the Veterans Review and Appeal Board.

I say directly to the minister, and I am glad that he is here, that this is the problem in his department, not the staff. There are 4,000 wonderful people working in the Department of Veterans Affairs, and every day they get up and try to do the very best they can for Canada's heroes.

The problem is the politically appointed Veterans Review and Appeal Board. There are 24 people on that board, which has a budget of $11.5 million. It also has a director general for 24 people, and 19 of them are political appointees, and four of them have some form of military experience and one has some form of medical training, but I do not believe the person is a doctor.

Yet if the veteran, Steve Dornan, of Annapolis Valley has five different cases of medical evidence, and even the federal court has said that the Veterans Review and Appeal Board has no right to declare his medical evidence as not credible, how does a person, without being a doctor, without being trained, without military experience, without RCMP experience, adjudicate cases of veterans and their families?

Mr. Dornan and wife Roseann have been fighting for nine years. They have the medical evidence. The federal court ruled that the medical evidence was credible. Since when do unaccountable people in the VRAB make that decision?

Then we hear from the minister and the department on letter after letter that I have forwarded to them, and we see the benefit of the doubt not being applied in any of the over 600 veterans' cases I have worked on since 1997. That is despite section 39 of the legislation stating quite clearly that the benefit of the doubt has to be applied if there is evidence that the injury or psychological concern may have been caused by military or RCMP duty. I have yet to see that applied.

These people sit in that tower in Charlottetown and make decisions that frustrate the living hell out of these men and women. Steve Dornan should not have to go to the newspapers to get help. Major Campbell should not have had to go before the media to get help.

We all remember Brian Dyck, that great man from Ottawa who did a press conference with the former ombudsman, Pat Stogran. Just before he died from ALS, he said very clearly to all of us, not just to the government but to all Canadians: “My advice to the ministry is if you are not willing to stand behind the troops, feel free to stand in front of them”. Unfortunately, he died.

However, I give the government top marks as it then immediately recognized that military veterans with ALS would then get the coverage they needed. The government did not have to move legislation for that; it was a regulatory change. The government did not need Bill C-55 or to bring something else before us, but it did it immediately. The government has the power and wherewithal to do this.

However, I will say again that veterans should not have to go public to get the help they need. They are our heroes.

We were told by a senior official in committee that Bill C-55 was going to help 3,500 people. That is not true. Research by the Library of Parliament shows that it will only help 500 people over five years. Where the additional veterans will get help is not from the legislated changes in Bill C-55, but in the regulatory changes. We do not need legislation to change regulations.

We heard from the minister, and god love him for it, that this is a $2 billion investment. Again, that is like telling a guy who makes $30,000 a year that he is going to make $1 million over 40 years. We cannot really do that.

I could go and on regarding veterans and their families, but I do thank the minister for moving Bill C-55 forward. However, I encourage the minister and the government to move much faster. If the government can give Christiane Ouimet a half million dollars for not doing her work, then it can turn around and give veterans the money and the programs they need to get back to a normal life.

Enhanced New Veterans Charter ActGovernment Orders

March 11th, 2011 / 10:55 a.m.


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Jonquière—Alma Québec

Conservative

Jean-Pierre Blackburn ConservativeMinister of Veterans Affairs and Minister of State (Agriculture)

Mr. Speaker, I would like to thank the member for Sackville—Eastern Shore for his support for modern-day and other veterans.

I would like to tell him right away that we are currently working on increasing the number of veterans who sit on the Veterans Review and Appeal Board and who work for the Department of Veterans Affairs. We believe that it would be beneficial and enriching to have more veterans among us.

With regard to the number of people who will receive the permanent monthly allowance, we know that when the new veterans charter was adopted, it contained an error. We verified the figures again and there are indeed 3,500 people who, in the next five years, will be able to receive this permanent monthly allowance, which is a little bit like the one granted under the old pension system. This amount will vary from $543 to $1,631 a month.

With regard to the board's decisions, I would like to remind the hon. member that we are trying to find out whether we can post them on the Internet so that everyone can have access to them.

Enhanced New Veterans Charter ActGovernment Orders

March 11th, 2011 / 10:55 a.m.


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NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Mr. Speaker, I want to say publicly that I know the minister is sincere, but in 2005 at the Conservative Party convention the Conservatives said that the Veterans Review and Appeal Board would be replaced with military, RCMP and medical personnel. We have yet to see that.

I do not believe we need a Veterans Review and Appeal Board in the Department of Veterans Affairs, but if there is a VRAB, we should at least make sure it is made up of military and RCMP personnel and doctors. That way when military personnel are being reviewed, they are being reviewed by their peers, not by political appointees by the political party of the day.

Enhanced New Veterans Charter ActGovernment Orders

March 11th, 2011 / 10:55 a.m.


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The Deputy Speaker Andrew Scheer

There will be three minutes left for questions and comments for the hon. member for Sackville--Eastern Shore after question period. We will now move on to statements by members.

The House resumed consideration of the motion 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 third time and passed.

Enhanced New Veterans Charter ActGovernment Orders

March 11th, 2011 / 12:20 p.m.


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The Deputy Speaker Andrew Scheer

Pursuant to an order made March 9, Bill C-55, An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act is deemed read a third time and passed.

(Motion agreed to, bill read the third time and passed)