A report commissioned by the Veterans Ombudsman has found that in more than half the instances when a federal appeals court looks at decisions made by the Veterans Review and Appeal Board, it finds mistakes that resulted in veterans being treated unfairly.
The report titled Veterans' Right to Fair Adjudication was released Monday.
It analyzes more than 150 decisions made by the Federal Court and Federal Court of Appeal pertaining to earlier Veterans Review and Appeal Board rulings on illness or disability payments.
"This is about the fair treatment of the men and women who have served their country honourably," Veterans Ombudsman Guy Parent said in a statement. "In the case of 85 veterans, the Federal Court has concluded that the adjudication process has failed them."
The review, which was completed by an independent law firm, analyzed 140 decisions made by the Veterans Review and Appeal Board over the last 15 years, which were then challenged to the Federal Court, as well as 11 decisions that went on to be appealed to the Federal Court of Appeal.
In 85 of those cases the courts ruled that the board "erred in law or fact, or failed to observe principles of procedural fairness" in making its decisions.
In various cases the board failed to fairly interpret the Veterans Review and Appeal Board Act, to accept credible evidence and to give the benefit of the doubt, the report stated.
"It is difficult to think that fairness is assured when the federal court returns more than half of board decisions it reviews for errors of fact or law, or for procedural fairness issues. Ultimately, this is about the fair treatment of the men and women who have served their country honourably," the report states.
Veterans Affairs issued a statement Monday morning saying Veterans Affairs Minister Steven Blaney appreciated the ombudsman's work on the report and planned to take action.
"The minister welcomes the recommendations made in the ombudsman's report and has instructed the Veterans Review and Appeal Board to act on all recommendations pertaining to their organization," said the statement.
"Our Government will always ensure that our veterans and their families have access to a fair and independent appeal process."
The statement also pointed out that Canada is the only country that provides free legal assistance to veterans who wish to appeal board decisions, and vowed that "our government will continue to provide our veterans and their families with the care and support they need when they need it."
The Veterans Review and Appeal Board also issued a response Monday, saying it is committed to providing veterans and their families with a fair and transparent appeal process.
"We accept the ombudsman's recommendations and will act on them within 30 days. Our Action Plan outlines specific and measurable actions that will improve the appeal process for veterans and their families," said Danielle Gauthier, with the board's communications department.
Gauthier also told CTVNews.ca that the board has issued roughly 118,000 rulings over the course of the 15-year period covered in the report.
Following are some key recommendations Parent made in his report:
- That the board report regularly to Parliament on the number of federal court judgement that appeal, or contradict, earlier board rulings.
- That a process be put in place to review federal court decision in favour of veterans, in order to correct repetitive errors.
- That the board provide sound reasoning for its decisions that demonstrate it is looking out for the best interests of veterans.
- That the Minister of Veterans Affairs put forward legislative and regulatory amendments to allow veterans to be compensated retroactively when board decisions have been overturned.
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