 |
L'Association des anciens
|
ALL DISABLED VETERANS ITS TIME TO PUSH BACK!
AND THIS IS WHY…..
Revised Request for favourable Judicial Reviews by injured RCMP Veterans
2011-08-18
Hello everyone I have revised the info posted on the National site providing more detail in what is required.
Regards Eric Rebiere
ALL DISABLED VETERANS IT’S TIME TO PUSH BACK!
AND THIS IS WHY…..
An injured Veteran puts a disability claim to the VRAB which is denied.
Injured veteran goes through every level of appeal under the VRAB Act but is denied.
In a last ditch try the injured veteran requests a reconsideration hearing and is denied.
Injured veteran is given the option within 30 days to appeal to the Federal Courts for a Judicial Review at the injured veterans own expense.
Option b in Section 18. (1)(3) (b) i.e.
Section 18.1(3) that states :
"On an application for judicial review the federal Court may
(a) order a federal board, commission or other tribunal to do any act or thing it has unlawfully failed or refused to do or has unreasonably delayed in doing; or
(b) declare invalid or unlawful, or quash, set aside OR set aside and refer back for determination in accordance with such directions as it considers to be appropriate, prohibit or restrain, a decision, order, act or proceeding of a federal board, commission or other tribunal.
The option b is OR set aside and refer back for determination in accordance with such directions as it considers to be appropriate, prohibit or restrain, a decision, order, act or proceeding of a federal board, commission or other tribunal.
The general practice is for the Federal Courts to work with the “Quasi-Judicial VRAB by providing direction to the VRAB so they can reconsider the case and make the proper adjudication based on the Federal Court’s direction.
It appears that each of Federal Court judges hearing injured veteran’s claims in a Judicial Review have chosen option B in every case. Why? Because they are dealing with people who have no legal background for the most part and in fairness to the layman “Quasi Juridical” adjudicators in the VRAB some having extensive experience in forestry and Armed Forces Band practice i.e. guide them by providing their professional legal opinions in order so the VRAB adjudicators can revisit the case and make the right decision which as you know is not happening.
At this point it’s in the VRAB hands and the Federal Courts have done their job by providing guidance to the VRAB as per the Federal Court Act options under this section. The Federal Court Act governs the activities of the VRAB.
You need to look closely at the VRAB ACT and see what the VRAB are required to do when receiving a judicial review decision i.e. recommendations from the Federal Courts. There is nothing in the VRAB Act that says they have to do provide the Federal Court Judge in question with the results of the VRAB’s decision and reasons. The Federal Courts are working in good faith with the VRAB and is leaving it up to the VRAB to do the right thing.
Because of this the VRAB are taking advantage of not doing anything with the Federal Court’s guidance and are just letting these pile up and gather dust because there is no section in the VRAB Act that requires the Boards to be accountable in dealing with Federal Court Judicial Review decisions. The Federal Courts had done their job in the case and the ball is entirely and exclusively in the VRAB’s hands. So the injured Veteran has to at his or her own expense hire another lawyer, go to court and seek a remedy to this wilful inaction on the part of the VRAB.
THIS IS THE PROBLEM and a pitfall for injured vets who have federal court decisions ignored and what disabled veteran really can afford to go to court in the first place yet a second time. This situation works in the VRAB’s favour and they know this.
Section 16 of the VRAB Act titled ADDITIONAL POWERS, DUTIES AND FUNCTIONS STATES;
“The board shall exercise such powers and shall perform such duties and functions as are CONFERED or IMPOSED on it by or PURSUANT TO ANY OTHER ACT OF PARLIAMENT (Federal Court Act) OR ANY ORDER OF THE GOVERNER GENERAL.”
The other thing that needs to be determined is the VRAB reaching out to the Federal Courts when adjudicating your case for guidance from the Federal courts in regards to questions of law which is clearly defined in the Federal Court Act i.e.
Federal Tribunal
18.3 (1) A federal board, commission or other tribunal may at any stage of its proceedings refer any question or issue of law, of jurisdiction or of practice and procedure to the Federal Court for hearing and determination. (is the VRAB doing this?)
(2) The Attorney General of Canada may, at any stage of the proceedings of a federal board, commission or other tribunal, other than a service tribunal within the meaning of the National Defence Act, refer any question or issue of the constitutional validity, applicability or operability of an Act of Parliament or of regulations made under an Act of Parliament to the Federal Court for hearing and determination.
1990, c. 8, s. 5; 2002, c. 8, s. 28. Hearings in summary way
Medical Opinion (VRAB ACT)
Section 38(1) The Board may obtain independent medical advice for the purposes of any proceeding under this Act and my require an applicant or appellant to undergo any medical examination
They are not doing this because a qualified Doctor is bound by oath to serve in the best interest of the injured Veteran. Would conflict with the Boards high rate of claim denial.
Remedies to be obtained on application
Extraordinary remedies, Federal Tribunals
18. (1) Subject to section 28, the Federal Court has exclusive original jurisdiction (a) to issue an injunction, writ of certiorari, writ of prohibition, writ of mandamus or writ of quo warranto, or grant declaratory relief, against any federal board, commission or other tribunal; and
(b) to hear and determine any application or other proceeding for relief in the nature of relief contemplated by paragraph (a), including any proceeding brought against the Attorney General of Canada, to obtain relief against a federal board, commission or other tribunal.
(3) The remedies provided for in subsections (1) and (2) may be obtained only on an application for judicial review made under section
18.1.
R.S., 1985, c. F-7, s. 18; 1990, c. 8, s. 4; 2002, c. 8, s. 26.
18.1(4) The Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal
(a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;
(b) Failed to observe a principle of natural justice, personal fairness or other procedure that it was required by law to observe ;
(c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;
(d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;
18.4 (1) Subject to subsection (2), an application or reference to the Federal Court under any of sections 18.1 to 18.3 shall be heard and determined without delay and in a summary way.
1990, c. 8, s. 5; 2002, c. 8, s. 28.
I have been in touch with an Administration Lawyer in Ottawa who will help us but needs a case where an injured veteran has gone to the Federal Courts and received recommendations supporting his or her claim which has been sent to the VRAB for another review but nothing has been done. This lawyer needs to assess the best case that will succeed in obtaining a “Directed Verdict” by the Federal Courts no longer providing guidance to the VRAB but providing a court order directing the VRAB to do what the Federal Courts deem a remedy in favour of the injured Veteran.
What is needed is every injured Military/RCMP service person or veteran that has gone to the Federal Courts and has had a favourable decision (guidance provided to the VRAB to make the proper decision) to send me their Federal Court decisions, the VRAB reply to the favourable Judicial Review with a signed statement that nothing has been done and for how long as well how this has affected the injured veteran, his or her family mentally, physically and financially (Lawyers costs).
The idea is to compile as many of these favourable Federal Court Judicial Reviews as possible and provide them to the lawyer with the VRAB reply to the Judicial Review in regards to proving to the Federal Courts evidence that the VRAB are not acting on the Federal Courts Judicial Review Guidance and in fact not complying with the Federal Court Act.
My name is Eric Rebiere and I am a 26 year veteran of the RCMP and also a disabled Veteran who has been unfairly dealt with by the VRAB. I am also a Charter member of the Canadian Veterans Advocacy and I am very motivated in doing this in as a result of what the callous way Brian Dyck a former First Gulf War Veteran and Ottawa Police Service officer and other disabled veterans have been treated.
It’s time to push back against this unfair practice by the VRAB. I need all injured veterans Military and RCMP to send a copy of their favourable Federal Court Judicial Reviews, the VRAB reply to the said favourable Judicial Review. It is important as well to provide a signed synopsis/impact statement starting at the point of injury, the VRAB process and send them to the following Gmail address and I will compile them in chronological order and provide them to the Ottawa Lawyer as ammunition in proving one case of neglect by the VRAB. If successful this will open the door should we succeed in obtaining a “Directed Verdict “against the VRAB by the Federal Courts and I am hopeful for reimbursement for the expensive lawyer’s fees that should not have been spent in the first place.
The Canadian Veterans Advocacy is prepared to create a “War Chest” to pay for this one legal case that the Ottawa Lawyer is prepared to deal with once the right case is identified. All the supporting Federal Judicial Reviews will be ammunition supporting this important case. Please sign the synopsis / impact statement.
Send all supportive Federal Court rulings etc. to
If you do not have the ability to scan the documents let me know and I will provide a mailing address where to send photo copies
Eric Rebiere (Former Cst. RCMP 37515)
Charter Member Canadian Veterans Advocacy.
Director of legal initiatives.