Supreme Court Decision Could Cost Taxpayers Billions
OTTAWA, ON, July 14, 2003 - Stories in some media sources today indicated that the families of thousands of seriously disabled veterans would be deprived of monies owed to them by the Federal Government if the Supreme Court agrees with a ruling of the Ontario Superior Court, made three years ago.
“It is our understanding that the Supreme Court of Canada is dealing only with the matter of whether the Lower Court was correct in basing its far-reaching decision on the former Charter of Rights, which came into force on April 17, 1982,” said Cliff Chadderton, Chairman of the National Council of Veteran Associations. “Lawyers advising The War Amputations of Canada have stated that the Charter of Rights and Freedoms supercedes the old Charter and generally gives the Supreme Court Judges the right only to interpret the law - - not to make new law,” Chadderton continued.
The information which appears to be coming from the Public Relations Firm, acting for the lawyers in Windsor, Ontario, who have been promoting this class-action, appears to give the impression that the issue would deprive the families of many seriously disabled veterans in regard to the Federal Government policy which was not to pay interest on accounts administered on behalf of veterans who were in institutions and unable to look after their own finances.
Chadderton stated that admittedly it was a complex situation but that it was entirely wrong to indicate that the Federal Government was withholding monies from families of seriously disabled veterans.
He stated that most of the combat veterans who came back from wars of the 20th Century were not generally affected. On the other hand, the majority of veterans who were in long-term care facilities are now dead and this looks very much like what he called a “cash grab at the Federal Treasury.” He went on to say that most of the beneficiaries would be distant relatives, basing his view on the fact that the case goes back to 1917 and the majority of the veterans who were in DVA institutions are now dead.
“This is an issue which generally affects distant relatives - - not the veterans who fought in our wars.” Chadderton continued that if genuine veterans were being deprived of benefits, his organization would be one of the first to challenge the Federal Government.
“On the other hand,” Chadderton said, “it was never the intention of the Veterans Pension Act to provide assistance to what even the law firm behind the class-action has described as ‘52nd degree cousins’.”