Cliff Chadderton stated that the National Council of Veteran Associations (NCVA) was satisfied with the decision of the Chief Justice of Ontario which denied the 38-member National Council status as an Intervenor in a billion dollar Class Action case against Veterans Affairs Canada. The lawyers acting for veteran Joseph Authorson obtained a favourable ruling from Mr. Justice Brockenshire of Windsor, Ontario, last April which permitted descendants of veterans to apply for interest on accounts administered by the Department for institutionalized veterans who were incompetent to handle their own affairs.

Chadderton stated that his organization had no alternative but to seek Intervenor status at the appeal by the Crown which will be heard next October. "We feel that the Class Action is morally wrong. We were satisfied that our intervention would raise the level of public consciousness regarding a very serious matter. We feel we have succeeded, particularly when spokespersons for the Class Action stated over the past weekend that the cost to the Canadian taxpayer would be $3.6 billion," Chadderton said.

Chief Justice Roy McMurtry stated that the National Council had done an excellent job in representing veterans interests, but that the case before the Court was one which had to be decided on legal issues. He felt that NCVA had no status to argue points of law. Chadderton agreed but stated that he was "surprised at the vigorous opposition to the application for intervention" by the lawyers representing the Class Action.

"We wonder why they would go to the lengths they did to oppose our Affidavit being read in the Court," Chadderton stated. He added that Mr. Justice McMurtry, in ruling that NCVA would not have to pay the cost of the action, stated "given the nature of (NCVA) consisting of non-profit associations and mostly voluntary groups who work tirelessly for the benefit of those who have served their country."

The Judgement handed down under date of June 27, 2001, stated that the Court was satisfied that the Department of Justice will argue the "legal issues." Chadderton stated that he was satisfied that this was true, but noted that when the case was before the Lower Courts the "heart of the matter" was ignored, as the lawyers dwelled only on the law itself.

NCVA has already written to the Minister of Veterans Affairs under date of April 22, 2001, asking that, regardless of the outcome of the Crown's Appeal against the Lower Court Judgement, the Department should immediately institute a review procedure to ensure adjudication of deserving cases. Veterans Affairs commenced to pay interest as of January 1990, but an Act of Parliament prohibited any retroactivity beyond that date.

One of the arguments advanced by NCVA regarding the multi-million dollar proposal in the Class Action was that funds would be needed for other initiatives such as pensions for Ferry Command Pilots and long-term hospital beds for veterans. Mr. Justice McMurtry stated that this argument was "speculative." Chadderton observed, notwithstanding, that it had taken more than four years to convince the Government to invest some $100 million in a new War Museum and that at the time of the application for Intervention, payments for Merchant Seamen had been held to 60% of the total committed in a Government paper.