Mr. Chairman, good afternoon. It's a great pleasure to appear in front of your committee this afternoon. I'm pleased to be able to speak to you this afternoon on behalf of more than 320,000 members and their families.
The Royal Canadian Legion is well situated to address the impact and the effectiveness of the Canadian Forces Members and Veterans Re-establishment and Compensation Act, commonly known as the new Veterans Charter, as well as the Enhanced New Veterans Charter Act, as a result of Bill C-55.
The Royal Canadian Legion is the only veteran's organization that assists veterans and their families with representation to Veterans Affairs Canada and the Veterans Review and Appeal Board. We have been assisting veterans since 1926 through our legislative mandate in both the Pension Act and the new Veterans Charter. Our 23 professional service officers are located across the country and provide free assistance to veterans and their families with obtaining benefits and services from Veterans Affairs Canada. Please note that you do not have to be a Legion member to avail yourself of our services.
Our national service officer network provides representation starting with first applications to Veterans Affairs Canada through all three levels of the VRAB. Through the legislation, the Legion has access to service health records and departmental files to provide comprehensive yet independent representation at no cost. Last year our service officers prepared and represented disability claims on behalf of almost 3,000 veterans to VAC and also to VRAB. Over 75% of these veterans received benefits under the new Veterans Charter.
Additionally, we met with more than 12,000 veterans and their families from across the country regarding VAC benefits and services. There is no other veterans group with this kind of direct contact, interaction, provision of support, and feedback from veterans, their families, and also the caregivers. l believe we can speak confidently and with credibility regarding the effectiveness of the new Veterans Charter and the Enhanced New Veterans Charter Act. Our comments will address specifically the requirement for mandatory review, the obligation of the Government of Canada to our veterans and their families, specific deficiencies, and finally, the requirement for effective communication of the programs and services to support our injured veterans and their families.
Starting with the requirement for mandatory review, in 2006 the new Veterans Charter was adopted without a clause-by-clause review in parliamentary committee and in the Senate, because of a perceived urgent need to better look after younger veterans and their families and to facilitate their transition to civilian life. The government made a commitment to continuously review and evaluate the programs and services, and if necessary, to amend the legislation to address emerging needs or unanticipated consequences under the spirit of a living charter.
The Legion supported the introduction of the new Veterans Charter on the basis that it would be a living charter and improvements would be made when required. In 2011, almost five years later, the first real changes occurred with Bill C-55 and the implementation of the Enhanced New Veterans Charter Act. Despite these changes, there are still shortcomings in the programs of the new Veterans Charter, which are designed to assist veterans and their families with their transition to civilian life.
In Bill C-55, section 20.1 of the Enhanced New Veterans Charter Act, it states:
Within two years after the day on which this section comes into force, a comprehensive review of the provisions and operations of this Act must be undertaken by any committees of the Senate and of the House of Commons that are designated or established by the Senate and the House of Commons for that purpose.
While the government promised that the new Veterans Charter would be a living charter and that its ongoing improvement would be an enduring priority for the government, the first real change came after five years of addressing deficiencies, and significant deficiencies still remain. If it is a living charter, then the government must live up to its commitment.
We urge the government to institute a regular two-year charter review to demonstrate to veterans and their families the government's commitment and promise that it made to our veterans, and the obligation of the Government of Canada, which is at the heart of this discussion.
Turning to the moral obligation, the Legion is concerned that the government has forgotten the moral obligation to look after veterans and their families who have been injured as a result of their service to Canada. The government put them in harm's way; now the government has an obligation to look after them. This obligation on the part of the Government of Canada is stated clearly in the preamble to the Pension Act, the Veterans Review and Appeal Board Act and the War Veterans Allowance Act, but not in the new Veterans Charter.
This recognized obligation must be stated and reaffirmed in the new Veterans Charter. Our veterans need to know that when they are injured as a result of their military service, the government will provide the resources, tools, and care to ensure a successful transition to civilian life. It is as simple as that.
Effectiveness of the new Veterans Charter and enhanced new Veterans Charter.... In 2013, the Veterans Ombudsman of Canada delivered a series of comprehensive reports on the effectiveness of the new Veterans Charter, which focused on the financial compensation, the complexity, and the limitations of the vocational rehabilitation programs for our injured veterans, and the care of their families.
Based on his findings, the Veterans Ombudsman called for urgent action to address the key shortcomings. Number one is the insufficiency of the economic financial support after age 65 to eligible totally and permanently incapacitated veterans. This is a small number of the most vulnerable of our veterans. It is unacceptable that veterans and their families, who have sacrificed for this country, live their lives with insufficient financial means.
Number two is the drop in income for veterans after release from the Canadian Armed Forces. The earnings loss benefit provides only 75% of the pre-release salary.
Number three, access for those severely impaired veterans who meet the eligibility criteria for a permanent impairment allowance and the supplement is complicated, and there are difficulties accessing these benefits.
Number four, it's unfair that the former part-time reserve force members who have been injured attributable to their service, receive a reduced earnings loss benefit.
Number five, the compensation for the pain and suffering related to a service-related injury or illness, the disability award, has not kept pace with the compensation provided to our disabled civilian workers who receive general damages from the courts. These same issues have been at the forefront of the Legion advocacy as mandated by the delegates at our Dominion conventions in 2008, 2010, and 2012.
Additionally, in May 2013, the veterans consultation group, which includes 20 veteran organizations, sent a letter to the then Minister of Veterans Affairs raising similar priorities. This deserves highlighting—20 veterans groups were unanimous in their position.
More recently in October 2013, the same veterans consultation group reinforced these priorities to the government. The group unanimously agreed that it was time for this government to have a heroic moment and do what is right for our veterans and their families. The veterans groups, the Veterans Ombudsman of Canada, the new Veterans Charter advisory group, and this very committee have all stated since 2006 that the government must resolve, as a matter of priority, the key financial deficiencies of the new Veterans Charter.
These are the same issues identified by the Veterans Ombudsman in his recent reports. There is consistency and agreement but there has been no action. Now is the time for action. Within this context, the Royal Canadian Legion continues to assess the top three issues requiring immediate resolution by the government. These are: number one, the earnings loss benefit must be improved to provide 100% of the pre-release income and be continued for life; number two, the maximum disability award must be increased and consistent with what is provided to injured civilian workers who received general damages in a law court; and number three, the current inequity with regards to ELB for class A and class B reserve force members for service-attributable injuries must cease.
Mr. Chairman, it's time to take action on these three key issues. At the same time, the Legion calls upon the government to expedite the review of the new Veterans Charter. We recognize the importance of a transparent and open review. It is important that veterans groups, veterans and their families, and subject matter experts have the opportunity to provide evidence to this review.
The Legion agrees with the deficiencies identified in the Veterans Ombudsman's report “Improving the New Veterans Charter”. The reports are well researched, evidence-based, and informed by actuarial, independent analysis, and as such, should be used as the baseline for the parliamentary review.
This is a focused road map with achievable recommendations. The Veterans Ombudsman also uncovered a glaring gap that needs immediate action. There are approximately 400 veterans deemed totally and permanently incapacitated who are not in receipt of any allowances. This means the new Veterans Charter's permanent impairment allowance and supplement or the Pension Act's attendance allowance or exceptional incapacity allowance should apply to these veterans.
While they are in receipt of the earnings loss benefit, it is a monthly income that ends at the age 65. When these veterans, who have been injured attributable to their service reach 65, their income will substantially be reduced. This is an urgent problem as these are the most vulnerable, seriously disabled veterans who are at risk of living their retirement years in poverty. This is unacceptable and needs urgent action.
Finally, I want to address the issue of communication and accessibility. Why are we still having a conversation about which is better, the Pension Act or the new Veterans Charter? The new Veterans Charter was developed to meet the needs of the modern veteran. It's based on modern disability management principles and focuses on rehabilitation and successful transition.
I will state that the Legion has never completely endorsed the new Veterans Charter as it was presented in 2006. We've been steadfast in our advocacy for its change to better meet the lifelong needs of our veterans and their families. However, it's time to stop the rhetoric and focus on the issue. We have an obligation to understand the complexities and interrelationships, and inform about and explain the new Veterans Charter. Our veterans and their families deserve nothing less.
The new Veterans Charter and the Enhanced New Veterans Charter Act are comprehensive and complex. Our veterans and their families need to know what programs are available to assist them and how to access them: financial, rehabilitation, health services, and family care. The government needs to ensure the resources and programs are in place to meet their needs. The government needs to review the accessibility to these programs and ensure that front-line staff are available and knowledgeable in order to assist veterans and their families. This must not be a self-serve system.
The Legion was gravely concerned when General Rick Hillier, former Chief of the Defence Staff, in the CTV News network Remembrance Day telecast on November 11, 2013, stated as follows, regarding the new Veterans Charter: “That needs to be rewritten completely because it does not look after our veterans, particularly over a long period of time.”
Further, he stated that the lump sum may seem to be significant, “but a 22-year-old soldier who has lost both of his legs and is suffering from post-traumatic stress disorder is still going to be without his legs 10, 20, 30, 40, 50, 60 years from now”. He said, “They're still going to be suffering somewhat from PTSD and they're going to need support throughout that time. And the veterans charter does not do it.”
Most Canadians have this understanding of the new Veterans Charter as well. I would suggest that this understanding highlights the ineffectiveness of the government's communication of the programs and services available in the new Veterans Charter for our injured veterans and their families.
Lastly, it highlights that it's time for this government to start communicating and to proactively reach out to all veterans across the country and ensure that they're aware of the financial compensation, rehabilitation programs, health care services, and family care programs that are available and how to access them.
It's also time for us to understand the new Veterans Charter and the Enhanced New Veterans Charter Act. This should be a priority. Our veterans need to know not only the weaknesses but also the strengths behind the legislation, the programs, and the services and benefits. We too can help our veterans and their families.
In summary, this review is about the effectiveness of the new Veterans Charter. The Office of the Veterans Ombudsman has conducted the most comprehensive research and analysis work undertaken on the new Veterans Charter. The analysis is done. It's thorough and unbiased. Mr. Parent personally tested his recommendations with most of the veterans organizations and stakeholders. It is consistent with recommendations since 2006.
Use this report as the blueprint for action. The path to improving the new Veterans Charter is clear. Let us not be focused on issues on the periphery. I urge you to stick to the critical core issues, as these impact the day-to-day lives of our veterans and their families. I encourage you not to delay but to expedite this review and take real action.
Mr. Chairman, I thank you for the opportunity to speak.