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Showing posts with label Supreme Court of British Columbia. Show all posts
Showing posts with label Supreme Court of British Columbia. Show all posts

Tuesday, September 10, 2013

Canada court allows disabled veteran class action to continue

Today's post was shared by WCBlog and comes from jurist.org


A judge for the Supreme Court of British Columbia [official website] on Friday declined to dismiss a class action lawsuit filed by disabled members of the Canadian military seeking to invalidate a veteran compensation law that limits payments to disabled veterans. 

Last year disabled veterans joined together to challenge the constitutionality of the 2005 New Veterans Charter (NVC) [government backgrounder], which gave disabled soldiers capped one-time payments in lieu of lifetime monthly payments.

The veterans assert that the NVC's lump-sum payment system fails to adequately provide for disabled veterans returning from the war in Afghanistan. 

The Attorney General of Canada [official website] filed a motion to dismiss the lawsuit, arguing that the plaintiffs failed to make out a winnable claim. Justice Gordon Weatherill, however, denied the motion, emphasizing that the case raises important issues [Canadian Press report] regarding the government's promises to compensate injured service members. 

The court ordered the government to file a response to the plaintiffs' complaint.

Veterans' rights remain a controversial issue around the globe, especially in the US. Earlier this month the US Department of Justice (DOJ) announced [JURIST report] that it will no longer enforce a federal law that denies same-sex spouses veterans...
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