OTTAWA, ON, October 15, 2007 - The National Council of Veteran Associations (56 member groups) welcomed the news that a Veterans’ Ombudsman will be announced later today. 

NCVA wrote to Prime Minister Stephen Harper on March 20, 2007, expressing the Council’s support for the proposal in the 2007 budget to establish a Veterans’ Ombudsman, which Mr. Harper had also referred to as an objective during the 2006 federal election.

“This was a proposal which had been discussed on many occasions with officials of the Government of Canada and has been on the agenda of the National Council since it was first raised 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,” Cliff Chadderton, NCVA Chairman, stated.

For reference, the following is the text of the proposal made by NCVA to the Standing Committee on Veterans Affairs on October 2, 2006:

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 Minister’s office, as well as the Minister of Veterans Affairs.  A synopsis of the remarks made by Cliff Chadderton at these meetings follows:

1. There was considerable favourable reference during the recent election campaign to the appointment of an ombudsman
2. The public/media appears ready to embrace this proposal, particularly because of its simplicity
3. 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
4. It would appear that the public is expecting some action on an urgent basis in this area
   The minority report of the Woods 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
5. Dominion President of the Royal Canadian Legion
6. 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
7. 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
8. 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
9. 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: 

The Council is an advisory and consultative body only, having itself no adjudicatory or executive powers, and it is in no sense a super tribunal, nor a court of appeal from tribunals.

1. The Honourable Mr. Garner’s interpretation is generally considered as the most recognized definition of Ombudsman.

Other considerations reviewed by the Woods Committee were:

1. Time required to establish an Ombudsman would involve the development of simple rules of practice and would dispense with formal procedures.
2. The Ombudsman could serve a most useful purpose in handling complaints concerning administration.  This would be in addition to his primary function of adjudication
3. The process of the Ombudsman would not involve an adversary proceeding
4. 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
5. An effective but informal relationship could be established between the Ombudsman and the Veterans Bureau
6. The Ombudsman could establish effecting working relations with Veterans Organizations
7. The Ombudsman would act as an independent agent under the Minister of Veterans Affairs
8. 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
9. The Ombudsman would be empowered to carry out his own investigations
10. The Ombudsman would have complete access to all Departmental records
11. 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
12. The Ombudsman may refer an entitlement application to the Commission if he considers that it should be reconsidered
13. In the matter of a complaint, the Ombudsman would refer the details to the Chairman of the Commission who would undertake a personal investigation
14. 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
15. A report would be published quarterly with copies being made available to all interested parties including Members of Parliament, Veterans Organizations and the media
16. A rebuttal to an Ombudsman’s decision would be accepted in the legislation
17. The Ombudsman would be considered an agent of Parliament
18. In general terms the Ombudsman should prevail upon the commission to do its job.  He should not, however, do the job for it
19. After a trial period of two years, the recommendation to establish an Ombudsman could be reviewed
20. His appointment should be made by the Governor in Council on recommendation of Parliament.  He would be a non-political appointment
21. 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
22. The Ombudsman should be authorized to secure adequate medical and legal advice
23. 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.