MEDIA RELEASE

Injured veterans seek leave from the Supreme Court of Canada to appeal the decision
dismissing their lawsuit for disability pensions

Ottawa, ON (January 31, 2018): A group of Canadian armed forces veterans suing the federal government to
have their full disability pensions reinstated have taken steps to seek leave of the Supreme Court of Canada to
appeal the decision of the British Columbia Court of Appeal dismissing their action.

The veterans, injured while serving in Afghanistan, are suing the government to gain parity with compensation
for injuries available through the previous Pension Act which were replaced by the federal government in
2006 with the implementation of the New Veterans Charter. Those pensions were replaced with lump sum
payments, but the veterans say that leaves them considerably worse off. They say they’ll receive less financial
support in the long run and there is no longer a dependable, month-to-month income supplement to help
them live with injuries that will stay with them for the rest of their lives.

An application for Leave to Appeal was made to the Supreme Court of Canada today, after a judgment of the
BC Court of Appeal ruled December 4, 2017 against allowing the action to continue in BC Supreme Court. The
Leave Application to the Supreme Court of Canada asserts that the British Columbia Court of Appeal erred in
its key finding that there is no legal obligation, or “social covenant” in Canada to those who have served
Canada honourably.

“Our armed forces members deserve better than this. The BC Appeals Court ruling says there is nothing
embedded in the law to protect them,” says Marc Burchell, president of the Equitas Society. “This case is
about making sure the Government of Canada supports our fighting men and women as they must. The
government must either reinstate the old Pension Act, or must make sure compensation for injuries under the
New Veterans Charter is as good as – or better – than what they received before.”

In his memorandum of argument on behalf of the plaintiffs, Vancouver lawyer Don Sorochan QC states, “The
men and women who voluntarily sign up for Canada’s military do so at great personal risk and sacrifice. In
exchange for that sacrifice there is an obligation on the Government and people of Canada to ensure those
who are injured or fall receive adequate recognition and compensation for their injuries or losses.”
The application seeks permission from the Supreme Court of Canada to have the matter argued on a full
appeal to the Court so that a judgment of the Supreme Court could assist “courts tasked with examining the
nature and extent of obligations owing to those injured in service to Canada”.

Canadian soldiers received disability pensions from 1919, until the New Veterans Charter took effect.

(Attachments: Fact Sheet with timeline of the case; Memorandum of Argument included in today’s leave
application to the Supreme Court of Canada)

-30-
Media Contacts:
Marc Burchell President Equitas Society, 604 616-7933, marcburchell@hotmail.com
Don Sorochan Lead Counsel Equitas Society, 604 488-4731, don@sorochanlaw.com
Aaron Bedard Representative Plaintiff (for class action lawsuit) 778 686-5605, aaronbedard@rocketmail.com
Mark Campbell Representative Plaintiff (for class action lawsuit) 780 932-1854, bartok5@shaw.ca
 EQUITAS
justice - fairness - equity
EQUITAS Facts ~ www.equitassociety.ca
1919 – The first disability pensions began for injured Canadian war veterans that were nationally administered and the federal
government honoured them for more than eight decades.
2006 – The federal government under Prime Minister Stephen Harper brings in the New Veterans Charter (NVC) which is
controversial for eliminating those pensions, and replacing them with a lump sum. For the vast majority of vets, this is a
sharp reduction in benefits.
October 2012 - A group of veterans who served in the Afghan war commences a class-action suit in the Supreme Court of
British Columbia against the Attorney General of Canada on behalf of all veterans impacted by the New Veterans Charter.
Equitas Society is founded to help raise funds for the legal action launched by the veterans. The government asserts veterans
have no right to benefits beyond what is legislated by parliament, and parliament has decided that there is no enforceable
Social Covenant between Canada and its veterans.
September 2013 – Mr. Justice Weatherill decides to allow the action to proceed. He makes the following statement: “This
action is about promises the Canadian Government made to men and women injured while in service to their country and
whether it is obliged to fulfill those promises”. A month later, the federal government files a Notice of Appeal to the BC Court
of Appeal and the case is argued before the courts in December 2014.
January 2015 - New Minister of Veterans Affairs Erin O'Toole reaches out to Equitas and the respondents to discuss resolving
the matter without further litigation. The federal government files a motion to withdraw the case from the BC Court of Appeal
and is unsuccessful. Judgement is reserved.
May 2015 – In a unanimous vote of the House of Commons, an apparent change of heart. MPs agreed on motion that states
"a standalone covenant of moral, social, legal, and fiduciary obligation exists between the Canadian people and the
government to provide equitable financial compensation and support services to past and active members of the Canadian
Armed Forces who have been injured, disabled or have died as a result of military service, and to their dependants, which the
government is obligated to fulfil."
With the 2015 federal election approaching, an abeyance agreement is also signed by the Harper government to hold any
further litigation for a year.
August 2015 - Liberal Leader Justin Trudeau repeatedly promises while campaigning that he will reinstate lifelong pensions for
Canada's injured veterans. He is elected Prime Minister in October 2015.
April 2016 – Despite the recorded support shown in the House of Commons, government officials meeting with the plaintiffs
and counsel in Ottawa want the plaintiffs to end the case by dropping the litigation. The government also reactivates its legal
case by asking the BC Court of Appeal to finally rule on the case. As for the May 2015 vote in the house, the government
writes in its arguments that the motion “records the opinion” of the MPs and “does not have the force of law”.
June 17, 2016 - Mr. Justice Groberman, the Presiding Justice of the BC Court of Appeal panel, accepts further submissions
made by the plaintiffs following these developments and reserves judgment.
December 4, 2017 – Mr. Justice Groberman, Presiding Justice of the BC Court of Appeal panel, struck down the claim in its
entirety stating “This decision is not directed to the wisdom of legislation. I have considerable sympathy for the plaintiffs, who
have served our nation and suffered serious injuries in doing so. We have tremendous respect and admiration for the plaintiffs.
All right-thinking Canadians would agree that they should be provided with adequate disability benefits. If that is not
occurring, it is a national embarrassment. Again, however, that is not the issue the court is deciding.”
December 20, 2017 – Veterans Affairs Minister Seamus O’Regan makes their new “Pension For Life” announcement which he
states fulfills Prime Minister Trudeau’s 2015 election promise to “reinstate lifelong pensions”. While claiming to provide a
pension for life to those who encounter barriers to re-entering civilian life and the workforce no qualifying criteria is identified
which leaves the new benefit program impossible to assess?
January 31, 2018 – The plaintiffs in the class action lawsuit file an application for Leave to Appeal to the Supreme Court of
Canada from the decision of the British Columbia Court of Appeal.