National Council of Veterans Associations Supports Veterans' Ombudsman
OTTAWA, ON, March 20, 2007 - The National Council of Veteran Associations (56 member groups) today wrote to Prime Minister Stephen Harper, expressing the Council’s support for the proposal to establish a Veterans’ Ombudsman, to which reference was made in the budget speech.
“This is a proposal which has been discussed on many occasions with officials of the Government of Canada. It was first broached in the minority report of the Woods Committee to investigate war disability pension reform (1968-1971). Currently, Prime Minister Stephen Harper made reference to the objective of a Veterans’ Ombudsman in his campaign leading up to the 2006 federal election,” said NCVA Chairman Cliff Chadderton.
This was mentioned in the letter to the Prime Minister from Mr. Chadderton.
The text of this letter, as well as that of the submission made under date of October 2, 2006, follows:
March 20, 2007
Prime Minister:
Reference is made herewith to the proposal in the 2007 budget calling for the establishment of a Veterans’ Ombudsman.
This proposal has been on the agenda of the National Council of Veteran Associations (56 member groups) since it was first proposed in a minority report of the Woods Committee to Survey the Organization and Work of the Canadian Pension Commission, which delivered its report to the Minister of Veterans Affairs in 1967.
For reference, we enclose herewith a copy of the proposal made to the Standing Committee on Veterans Affairs by the undersigned on October 2, 2006.
Yours sincerely,
H. Clifford Chadderton, CC, O.Ont., OStJ, CLJ, CAE, DCL, LLD
Chairman
OMBUDSMAN FOR THE DEPARTMENT OF VETERANS AFFAIRS
The committee is requested to consider the appointment of an Ombudsman to make final decisions in respect of applications to benefits available under the Department of Veterans Affairs legislation.
This matter was the subject of an extensive review at meetings with staff of the Prime Ministers office, as well as the Minister of Veterans Affairs. A synopsis of the remarks made by Cliff Chadderton at these meetings follows:
- There was considerable favourable reference during the recent election campaign to the appointment of an ombudsman.
- The public/media appears ready to embrace this proposal, particularly because of its simplicity.
- The Swedish word ‘Ombud’ refers to a spokesperson or representative speaking for another person. It is generally considered as a substitute for lengthy and/or complicated issues normally handled by tribunals.
- It would appear that the public is expecting some action on an urgent basis in this area.
- The minority report of the Wood Committee (the Committee to Survey the Organization and Work of The Canadian Pension Commission) was named for its Chairman, the late Mr. Justice Mervyn Woods who served as Dominion President of the Royal Canadian Legion.
- The minority report was the distillation of many months of work under the guidance of a member of the Committee, Judge Walter Lyndall. He was a man of Icelandic origin who was acknowledged as a world-renowned expert on the Scandinavian application of the role of Ombudsman in matters of adjudication and administration.
- The reference in the Woods Committee Report, which was generally considered as an alternative to the major recommendations of the committee, would be the indication that an Ombudsman had the support of Veterans Organizations.
- The Woods Committee recommendation was generally considered to be an alternative to the current system of adjudication which involved (a) entitlement boards at the first level of appeal; and (b) a review board to adjudicate upon more difficult cases and/or provide interpretations to the legislation.
- A reference of support was included in the Woods Report as follows:
In 1963, J.F. Garner, Senior Lecturer in Law of the University of Birmingham gave the following interpretation:
Other considerations reviewed by the Woods Committee were:
- Time required to establish an Ombudsman would involve the development of simple rules of practice and would dispense with formal procedures.
- The Ombudsman could serve a most useful purpose in handling complaints concerning administration. This would be in addition to his primary function of adjudication.
- The process of the Ombudsman would not involve an adversary proceeding.
- The relationship with the office of the Minister of Veterans Affairs could develop into a useful working relationship under which the Ombudsman would provide advice.
- An effective but informal relationship could be established between the Ombudsman and the Veterans Bureau.
- The Ombudsman could establish effecting working relations with Veterans Organizations.
- The Ombudsman would act as an independent agent under the Minister of Veterans Affairs.
- The procedure of the Ombudsman would generally be considered as being effective once an applicant has exhausted his/her procedural rights under the Pension Act.
- The Ombudsman would be empowered to carry out his own investigations.
- The Ombudsman would have complete access to all Departmental records.
- If after investigation, the Ombudsman comes to the conclusion that an application cannot succeed, he would be required to send a letter of advice to the applicant.
- The Ombudsman may refer an entitlement application to the Commission if he considers that it should be reconsidered.
- In the matter of a complaint, the Ombudsman would refer the details to the Chairman of the Commission who would undertake a personal investigation.
- The Ombudsman will in all instances prepare a report. If the Ombudsman considers an application should have been granted or that the action taken is not satisfactory, his report will indicate his decision.
- A report would be published quarterly with copies being made available to all interested parties including Members of Parliament, Veterans Organizations and the media.
- A rebuttal to an Ombudsman’s decision would be accepted in the legislation.
- The Ombudsman would be considered an agent of Parliament.
- In general terms the Ombudsman should prevail upon the commission to do its job. He should not, however, do the job for it.
- After a trial period of two years, the recommendation to establish an Ombudsman could be reviewed.
- His appointment should be made by the Governor in Council on recommendation of Parliament.
- He would be a non-political appointment.
- The Ombudsman could be removed only for cause and only by a majority vote of Parliament. This would give him the necessary independence and protection to permit him to discharge his duties.
- The Ombudsman should be authorized to secure adequate medical and legal advice.
- Other considerations:
Title: to be established under the Minister of Veterans Affairs and known as the Ombudsman for the Pension Act.
Referrals on own initiative: to be considered
Who may petition: Ombudsman may receive requests to investigate applications or complaints
Refusal to investigate: Ombudsman, at discretion, may refuse to investigate or cease to investigate any grievance if he considers that it is groundless; a remedy already exists; it is trivial; is not being made in good faith or the pursuit of the investigation would not be in the public interests or in the best interest of the person aggrieved.
Note: further information concerning the possible appointment and operation of an Ombudsman is available in the minority report of the Woods Committee.
Note: where masculine is used, it is intended to be gender neutral.