OTTAWA, ON, November 4, 2000 - The comments of the class action lawyers were astonishing, in respect to the Federal Justice Department's decision to appeal a class action which would have resulted in millions of dollars of interest on accounts administered by DVA for mentally incapacitated veterans.

Surely the Government has the right to appeal to a lower court judgement which would cost the taxpayer $1.3 billion, particularly when the judge even suggested his verdict would likely go to the higher court; also where The Federal Court upheld a previous decision in 1991 that Veterans Affairs had no authority to pay interest on monies it was administering on behalf of institutionalized patients who were judged incompetent of managing their own affairs.

I say astonishing, but not surprising. This group of lawyers in Windsor, Ont. together with its hired public relations firm have been treating this case as a "showpiece" since they first visited Ottawa last February, and attempted to hold a press conference in the House of Commons. I declined their offer to accompany them.

These are professionals sworn to uphold the law. Yet, when our Department of Justice dared to appeal they apparently reacted, according to news articles, with "outrage."

They are quoted further as saying the Government, by appealing, is "sending a clear signal that these veterans are a forgotten group of men and women... Justice delayed is justice denied."

Most of these DVA patients have been drawing 100 per cent pension, allowances and free medical treatment for 50 years. The trust funds were handled as a "set off." The lawyers, who apparently feel the people of Canada have no right to appeal, know, and have admitted publicly, that some of the settlements would go to what they called "52nd cousins."

We say, "Let the law prevail" and some of us, who have worked many years to help these and other veterans, certainly don't intend to stand by and let the lawyers take to a soapbox and chastise Veterans Affairs.

Final thought! Could it be that the lawyers pushing the case see the possibility of some healthy legal fees vanishing, if the Appeal Court reverses the decision?

H. Clifford Chadderton, CC, O.Ont., OStJ, CAE, DCL, LLD
Chairman, National Council of Veteran Associations