Question Period Note: LITIGATION

• Canada’s Veterans deserve our greatest recognition and respect for their service.

• Veterans Affairs Canada is committed to ensure that Veterans and their families receive the right benefits and supports when they need them.

• Sometimes Veterans and their families feel that we did not get it right. It is their right to pursue legal actions to resolve their concerns and we respect that process.

• We strongly encourage Veterans and their families to contact us whenever they have questions or need support so that we can work with them to find solutions to whatever issues they are facing.

• Veterans Affairs Canada will continue to take action to strengthen supports available to Veterans and their families.

VETERANS AFFAIRS CANADA LITIGATION

Veterans Affairs Canada (VAC) is currently involved in approximately 70 legal actions. These include class actions, judicial reviews and human rights complaints focused specifically on Departmental benefits and services, or where VAC is an interested party.

The Department works closely with the Department of Justice and Attorney General of Canada. The Attorney General of Canada has responsibility for all litigation for or against the Crown, any department, or Crown agent corporations.

VAC has a Litigation Coordination Unit, which works closely with the Department of Justice, internal stakeholders and other departments to ensure a coordinated and effective approach to managing legal actions.

Much of the Department’s substantial litigation are class actions, which have potentially large financial liability and reputational risk.

The following are key litigation files involving VAC which are class actions and/or high profile with possible significant financial or reputational risks:

Manuge et al. v. Her Majesty the Queen - Certified class action in relation to an error in the calculation of the annual adjustment of the basic pension under the Pension Act.

Supplementary Retirement Benefit Proposed Class Action - Proposed class action with respect to Supplementary Retirement Benefits. It is alleged that VAC was negligent in not advising the proposed class of the financial implications of legislative amendments to VAC benefits.

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Nova Scotia Inquiry re: Lionel Desmond and Family - Provincial fatality inquiry into the deaths of Lionel Desmond and his family.

Logan v. Her Majesty the Queen – Certified class action regarding the calculation of Canadian Armed Forces Long-Term Disability Benefits. This class action impacts amounts of VAC Financial Benefits paid to Class Members.

WHEN PRESSED:

Q1 – Why are you always taking Veterans to court?

Veterans, like all Canadians, can pressure all avenues available to them, including legal action, if they feel government programs are not adequate. If a legal action impacts the Government of Canada, the Government is obligated to defend itself against claims that are unfounded in Canadian law.

Q2 – Will the Government of Canada settle cases with Veterans instead of pursuing litigation?
Negotiated agreements and outcomes are preferred wherever possible. However, our legislation, regulations and policies are the cornerstones of supports for Veterans and their families.