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Capt. Kimberly Fawcett

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 Capt. Kimberly Fawcett Empty Capt. Kimberly Fawcett

Post by Vizzer Wed 12 Dec 2018, 8:28 am



Government refuses to pay for veteran's prosthetic leg

Posted December 11 2018



Canadian Armed Forces Capt. Kimberly Fawcett is waging in a war with the federal government. The veteran was involved in a heartbreaking car crash in 2006, while in uniform. Her infant son was killed, and she lost her leg. The force says she was on duty during the accident, but as Mercedes Stephenson reports, the government is refusing to pay for Fawcett's prosthetic limb







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Post by Silversun Wed 12 Dec 2018, 3:00 pm



Military, Veterans Affairs won’t pay for Air Force officer’s prosthetic leg, leaving her with $34,000 bill

By Mercedes Stephenson . Global News
Posted December 12, 2018



UPDATE: Dec. 13, 10:30 a.m.

Late on Dec. 12, officials from the Canadian Armed Forces told Global News they are willing to immediately sit down with Captain Kimberly Fawcett and examine any outstanding costs for her prosthetic. Defence Minister Harjit Sajjan also says he is looking into the file and the military adds Fawcett is receiving support through multiple military programs. Also, since Global News posted Fawcett’s story, a veteran’s charity has stepped up and is offering to pay some of her bills to alleviate the financial strain.


Air Force Capt. Kimberly Fawcett served her country, deploying twice to Afghanistan as a part of Canada’s war effort.

Now Fawcett is fighting her own government, asking the military to pay for a prosthetic limb, after she lost her leg in an accident that wounded her critically and killed her nine-month-old son, Keiran.

The roads were slick with ice the morning of Fawcett’s accident, not ideal conditions, but she needed to take her infant son to someone who could look after him if she had to deploy suddenly.

Both Fawcett and her husband were members of high readiness units in the Canadian Armed Forces, meaning they could be deployed overseas on short notice and at the same time.


The possibility of a sudden simultaneous deployment of both mom and dad meant the Canadian Armed Forces required the couple to devise a plan to make sure baby Keiran would always have child care, known as the Family Care Plan.

On the morning of Feb. 21, 2006, it looked like a double deployment could be in the works. Fawcett’s husband Curtis was called to the base for workup training to deploy to Africa and her unit was next in line for activation.

Fawcett executed the Family Care Plan with the approval of her commanding officer, donning her uniform and putting her son in the car to drop him at his grandparents’ house.

That’s when things went horribly wrong.


Fawcett merged onto the busy 401 highway near Kingston, but almost immediately lost control of her vehicle on the icy road, sliding across traffic and slamming into the median.

Fawcett immediately realized she and Keiran were in serious danger — her vehicle was partially blocking the passing lane.

Her military training kicked in and Fawcett quickly formed a plan: she would take Keiran and head for the safety of the ditch.


It never occurred to Fawcett these would be her final moments with her son. She unstrapped the baby from his car seat and tried to reassure him.

“My last memory, as sad as it is, is I had kissed my little boy on the cheek and said don’t worry Keiran, mommy loves him. And waited for him to smile, and make sure that you know he knew everything was A-OK and he was safe, ” Fawcett said.

Fawcett clambered into the ditch with Keiran in her arms. That’s when tragedy struck.

A speeding truck clipped a semi, lost control and plunged into the ditch, hitting Fawcett and her son.

The truck clipped the side of Fawcett’s leg, snagging her uniform and setting off a horrific chain of events.


“He clipped me at the side of my leg, and the button to my combat pant got caught in the grill of the vehicle and I had Keiran in my arms,” she said.


Fawcett was dragged under the wheels of the truck and her leg was torn off at the hip.

Keiran was ejected from his mother’s arms and into the path of an 18-wheeler truck. He was killed instantly.

“He’s our only child, so it was a very difficult loss for us,” an emotional Fawcett explained.

When Fawcett woke up in the ICU after being in a coma, hospital staff and the military padre made special arrangements to have Keiran brought to his mother’s bedside in his casket for a final goodbye.


“They opened the casket so I was able to touch his hand. But I don’t think I really comprehended that he was gone because his hand was cold,” she said.

“I touched his hand and I just looked at the padre and I said to him ‘padre, he needs a blanket… because he’s cold. I just still didn’t fathom that he had gone away and he wasn’t coming back. It was like he was still sleeping.”

Fawcett decided to continue to serve in the military despite the staggering tragedy. She learned to walk again and returned to work.

She competed in the Invictus Games and in numerous para sports events, such as running, biking and swimming.

In each event, she had a secret pocket sewn into her racing suits so she could carry a picture of Keiran over her heart. Fawcett still takes each medal she wins and hangs it on Keiran’s grave to share it with him.


Fawcett’s strength and courage grew with each day. She decided she wanted to return to Afghanistan on active duty.

Against all odds, Capt. Fawcett became the only Canadian woman to deploy to Afghanistan with a prosthetic limb. She served during the height of the Afghanistan war in Kandahar, helping the families of fallen soldiers to process their own losses on bereavement visits.

Despite her dedicated service, Fawcett said she has been betrayed by the very institution and government she has served faithfully.

Prosthetics are expensive, but the Canadian Armed Forces is refusing to pay for Fawcett’s prosthetic leg, disputing whether she was on duty at the time of the accident.

That has left Fawcett on the hook for the cost.


In February, Fawcett received an envelope marked “FINAL.”

Inside was a bill for $34,151.15 from the makers of her prosthetic leg.

“I’m the one that’s opening the bill for $30,000 and expected to pay for it out of my own pocket,” a frustrated Fawcett explained.


The military bureaucracy has spent nearly 10 years fighting over whether or not Fawcett was “on duty” at the time of her accident and therefore whether the military has a responsibility to pay for her prosthetic.

Basically, the military has been fighting over whether Fawcett was acting as a mom or a soldier that day.


“It’s been 10 years of absolute hell,” Fawcett said of her experience fighting the Canadian Armed Forces.


Documents obtained by Global News show that the military initially concluded Fawcett was on duty.

A summary investigation ordered by the military found that, although Fawcett was not at her place of duty at the time of the accident, she was “’going about a matter related (directly) to service in the Canadian Forces’ (Ref E para 29) in that both travel to her son’s daycare and then to the base were required activities to enable her to perform her military duties at work.”

The investigating officer continued that Fawcett “… should be considered on duty from the time she left home in uniform, as her activities were all in support of carrying out her military duties.”

That finding was overturned by one of Fawcett’s commanding officers who determined she was not on duty despite the findings of the summary investigation.


The military has repeatedly argued that the Family Care Plan is a policy but not an order and therefore following it does not mean a troop is on duty, Fawcett said.

That position was directly disputed in a review by one of Canada’s top generals at the time, Major General Walter Semianiw who was the Chief of Military Personnel. In a review Major General Semianiw determining Fawcett was on duty and following military orders at the time of her accident, concluding “The execution of the Family Care Plan, is in fact, a military order.”

Still, the military refused to pay for Fawcett’s prosthetic limb, quibbling with the definition of what the term “on duty” means. The Canadian Armed Forces has argued that Fawcett was fulfilling personal obligations, not military duties, at the time of the accident.

Fawcett took her case to the Federal Court for review.


A judge found the military was being unreasonable in denying her benefits and ordered a re-evaluation. The military refused to pay and appealed, and the subsequent judge found in the Canadian Armed Forces’ favour. Fawcett is currently appealing that decision.

Fawcett said the military bureaucracy is contradicting itself and splitting hairs to avoid honouring its commitment to injured troops.

“You have a duty, you have a responsibility. This is what the policy says. Don’t turn around and say they don’t apply or they only partially apply,” Fawcett argued.


“It was coming down to points of semantics. It wasn’t points of honour, duty, loyalty, it was like all of that was thrown out the window,” a disappointment for Fawcett and her husband who joined the military out of those shared values.


In November, Fawcett’s last ray of hope that the government would willingly pay for her prosthetic limb was dashed. In a letter Veterans Affairs Canada wrote because the military found “you were not on duty at the time of the accident and the injuries you sustained were not attributable to military service,” Fawcett was not eligible for a disability award.

After a decade of fighting, Fawcett is fed-up but not giving up, “This cost my spouse and I our lives and the life of our son, serving our country and damn it I’m going to fight and I’m going to fight tooth and nail.”

It is extremely rare for a serving member of the military to sit down in front of a camera and tell their story, but Fawcett said she feels she has no other choice.

“I did what you hope that no soldier would ever have to do and that would be go public with their story to say, OK, I want justice now,” she said.


Fawcett wondered why the government wouldn’t help her after she saw the headlines showing that Omar Khadr received a $10-million dollar payout from the federal government.

Then came the news that Christopher Garnier, the man convicted of killing Halifax police officer Const. Catherine Campbell, was receiving PTSD treatment paid for by Veterans Affairs despite having never served a day in uniform.

Fawcett was outraged.


“They bent over backward to be nice to Omar Khadr. To do the right thing even though it wasn’t popular, and then I kinda think… well, I didn’t murder anybody. I didn’t go against my country. I simply served, so why am I being singled out?”


Part of the problem stems from what Fawcett alleged are sexist attitudes in the military about women serving, relegating what would be on-duty status for a man, to mom duty status for a woman, “There is a cadre, there is a bureaucracy, there is group of the old boys club that still exists when it comes to women, it’s fake and phony. They say one thing but in actual fact they do the exact opposite.”

Fawcett said she had shocking conversations with senior military officers who told her “only men are heroes and that women, well we’re disposable.”

It is an attitude Fawcett wants stamped out because she said it contributes to a systemic bias against injured female troops.

She hopes the self-proclaimed feminist Liberal government will change that.

“I’m hoping that our good prime minister is going to be true to his word that when he says there’s an issue with inequity with regards to gender he’s going to step in and make a decision.”


Fawcett is also calling on Defence Minister Harjit Sajjan to act to ensure equality for women in the Forces.

“When it’s an issue in terms of fairness toward an ill and injured solider that again, the minister of national defence is going to stand up and say we’re going to create equity where there is inequity,” she said.

Fawcett said it’s time for the military’s attitude toward injured female troops to change.

“We fight for this country just as hard as any man,” she said.

Former minister of veterans affairs Erin O’Toole is calling on the minister’s office to help Fawcett.


“She lived up to her commitment to the Canadian Armed Forces and the Liberal government is not living up to their commitment to ensure that she has prosthetics and the proper care she needs,” he said.


“This is the worst-case scenario you ever hear… it’s another example of a government that’s out of touch and here a family is caught in the cross fire.”

Global News reached out to the defence minister’s office for comment but has not received a response.












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Post by Lonestar Thu 13 Dec 2018, 6:19 am

December 12 2018


Charity offers to help pay for veteran’s
prosthetic leg

A Canadian veteran could be getting the help she needs paying for her prosthetic leg, since the federal government won’t pony up the cash. As Mercedes Stephenson reports, a charity is offering to help Capt. Kimberly Fawcett.

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Post by Seawolf Fri 14 Dec 2018, 8:20 am

GoFundMe seeks $34,000 for veteran’s prosthetic leg after Canada’s military refuses to pay

By Jesse Ferreras
Online Journalist Global News
December 13, 2018


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 Capt. Kimberly Fawcett Empty Re: Capt. Kimberly Fawcett

Post by Silveray Fri 14 Dec 2018, 5:42 pm

Roy Green: Justin Trudeau asked us to ‘stay angry’ about the Omar Khadr case — and why I wil

By Roy Green
Host, Corus Radio Network Global News
December 14, 2018


Omar Khadr. There was no question we would again hear from the self-confessed war criminal issued the infamous $10.5-million cheque by Canada’s Prime Minister Justin Trudeau. Khadr was in court this week requesting changes to his bail conditions in order to travel and visit his Al Qaeda-supporting sister Zaynab. More about that in a moment.

First, though, a reminder about the $10.5-million payment to Khadr.

Trudeau wanted us to believe his heart wasn’t in the massive out-of-court settlement. “I want you to stay angry,” he bellowed.


No worries, prime minister. I will.

I’ll stay angry because you had neither the moral high ground nor an acceptable reason for concluding the lawsuit.

I’ll stay angry because during one of your town hall meetings with everyday Canadians, this one in Sackville, N.S., a woman asked, “Why do you think it’s OK to give $10.5 million to a person that killed a soldier?” and your response was, “We have to stand up for everyone’s rights, whether you agree with them or not.”


WATCH BELOW: Trudeau discusses $10.5-million payout to Omar Khadr during townhall in Sackville, N.S.

I’ll stay angry because you insisted your decision may have forestalled “a $40-million payout at the end of the day.” A view based on what? Omar Khadr’s suit demanded $20 million from Canada.

Besides, your Public Safety Minister Ralph Goodale disclosed Khadr’s action had already cost the federal government some $5 million in legal fees.

I’ll stay angry and am growing increasingly angry, prime minister, because Canadian Armed Forces Capt. Kimberly Fawcett hasn’t entered even the margins of your prime minsterial radar, it would appear.

Capt. Fawcett’s claim of $34,000 to reimburse the expense for a prosthetic leg is being denied by Canada’s military. The Captain, in uniform and about to drop off her son at his grandparents’ home, with the approval of her commanding officer, was involved in a horrific automobile crash which stole her baby’s life and terribly injured Capt. Fawcett.


“They bent over backward to be nice to Omar Khadr,” Capt. Fawcett said. “To do the right thing even though it wasn’t popular, and then I kinda think … well, I didn’t murder anybody. I didn’t go against my country. I simply served, so why am I being singled out?”

You can point to the Department of National Defence, but that would be weak. Make the call from the PMO personally. It will respond to a nudge from a sitting PM.

Take care of this awful situation, reminiscent of a Veterans Affairs Canada letter arriving at the home of Thomas MacEachern in Calgary in January 2014.

MacEachern was instructed he was to repay $561.67 from the December 2013 disability cheque sent to his wife Cpl. Leona MacEachern, a 23-year CAF veteran who, suffering with PTSD, committed suicide on Christmas Day 2013.



The $561.67 represented the Dec. 26-31 prorated amount of Cpl McEachern’s disability cheque. The letter to Tom MacEachern expressed “sincere sympathy to you and your family at this time,” then added he would be contacted by the “Overpayment Unit in the near future.”

That was not under your watch, prime minister. However, Veterans Affairs did rescind the repayment demand when the case became public knowledge. Show similar concern for Capt. Fawcett.


I will definitely stay angry over this situation.

Now, as far as Omar Khadr’s appeal to change his bail conditions is concerned, what I’m about to include here is not related to his court appearance. It’s just something I haven’t forgotten and which requires clarification.

I tweeted this earlier in the week that Omar Khadr wants to his sister, Zaynab who was married to Joshua Boyle. Trudeau met Boyle in his office in 2006, though he says he has “no memories” of that meeting.


Boyle’s trial is scheduled for late March next year.

Loose ends. Everywhere.


Roy Green is the host of the Roy Green Show on the Global News Radio network.

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Post by RunningLight Sat 15 Dec 2018, 1:23 pm

COMMENTARY: We shouldn’t have to be shamed into supporting Canadian veterans

December 15, 2018


Taken separately, the stories of Christopher Garnier and Capt. Kimberley Fawcett are upsetting and concerning for different reasons. However, when the two stories are placed side by side and viewed together, the situation becomes truly outrageous.

Christopher Garnier is a convicted murderer serving a life sentence for the brutal strangling death of 36-year-old off-duty police officer Catherine Campbell, whose body was found in a compost bin in Halifax in 2015. He claims to be suffering from post-traumatic stress disorder (PTSD) as a direct result of Campbell’s horrific death. Garnier has never served a day in the Canadian Forces, yet because his father did, Veterans Affairs Canada is covering the cost of his PTSD treatment.

Capt. Fawcett, on the other hand, has proudly served her country as a member of the Canadian Forces, including two separate deployments to Afghanistan. Capt. Fawcett continued to serve her country, despite suffering the tremendous emotional and physical toll of a horrible and tragic accident in 2006 — an accident that claimed the life of her nine-month-old son and cost her one of her own legs.


Capt. Fawcett was eventually fitted with a prosthetic limb but she was also saddled with the bill for it: $34,151. The Canadian Forces refuses to pay, claiming she wasn’t technically “on duty” when the accident occurred.

Either way, it’s certainly the case that her duties put her on that road in that spot that fateful and tragic morning. Capt. Fawcett and her husband were both in situations where they could be deployed simultaneously and on short notice, thus requiring them to have what’s known as a “Family Care Plan.” Capt. Fawcett was bringing her son to his grandparents for that very reason.

It seems remarkably petty to be splitting hairs over the specific circumstances of why she was on that highway at that specific moment, even though documents obtained by Global News confirm that the initial military assessment was that she was on duty. Were it not for her military commitments, she would not have been there that morning.



So what kind of message is this sending to would-be recruits, especially those who have or intend to have families? If we’re not going to be there to support our soldiers and veterans, how can we ask Canadians to step up and make that sacrifice for us in the first place?

For Capt. Fawcett, it has instead been nearly 10 years of fighting for fairness and nearly 10 years of being stymied by the Canadian Forces. I do not know the exact cost of the PTSD treatments for convicted killer Christopher Garnier, but I suspect they have well surpassed the $34,000 that Capt. Fawcett has had to pay for her prosthetic leg — the very prosthetic leg that allowed her to continue serving her country.

A GoFundMe page has been set up to support Capt. Fawcett, and given the outpouring of support from Canadians to the story it’s entirely possible that such an initiative could make a considerable difference. But it shouldn’t have to come to this. The generosity of Canadians shouldn’t let the federal government off the hook here.


Ultimately it may be that reaction from Canadians that shames the government into finally doing the right thing. It’s the flip side of what happened earlier this year when the outrage over the Garnier case prompted a government review and subsequent changes (although Garnier’s case remained unchanged).

Conservative MP and former Veterans Affairs Minister Erin O’Toole has called on the government to intervene in this case, and in fact says he raised the matter with Defence Minister Harjit Sajjan four months ago. For his part, Sajjan says he’s looking into the file and Canadian Forces officials have since told Global News that they are willing to sit down with Capt. Fawcett.

So as of this writing, a favourable outcome seems likely. However, that doesn’t undo the 10 years of hell that Capt. Fawcett has had to endure. Those who have given so much to this country deserve so much better.


Rob Breakenridge is host of “Afternoons with Rob Breakenridge” on Global News Radio 770 Calgary and a commentator for Global News.

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 Capt. Kimberly Fawcett Empty Re: Capt. Kimberly Fawcett

Post by RunningLight Sat 29 Dec 2018, 1:59 pm

Stewart: the government must take immediate action

Carl Stewart / Dawson Creek Mirror
DECEMBER 29, 2018



 Capt. Kimberly Fawcett Adsa


Don’t think the Trudeau government underestimated how outraged the Canadian people were when the politicians in Ottawa gave $10.5 million to Omar Khadr.

Of all the possible ways that kind of money could have helped many Canadians in almost every walk of life they gave that kind of cash to a young boy who wanted to make his dad proud by throwing an explosive device that killed an American soldier. When all the dust settled a huge number of charges were piled on this young idealistic kid. A chat with an over-eager and cash hungry lawyer and the boy was willing to admit his guilt if Canada got him out of


Guantanamo Bay detention camp. So, a story was made up to feed to the Canadian taxpayers that if this went to court, the pay-out would be more than $20M so it would be better to just give the boy $10.5M instead.

Now that outrage is further compounded because the federal Liberal government, through the Veterans Affairs Department, is refusing to pay for a $34K prosthetic leg for Air Force Captain Kimberly Fawcett.

You see Both Fawcett and her husband were members of high readiness units in the Canadian Armed Forces, meaning they could be deployed overseas on short notice and at the same time.

The possibility of a sudden simultaneous deployment of both mom and dad meant the Canadian Armed Forces required the couple to devise a plan to make sure their baby Keiran would always have child care, known as the Family Care Plan. The Family Care Plan is a mandatory Department of National Defence form that helps prepare families of Canadian Armed Forces members in case of unforeseen events, emergency callouts and planned deployment. All Canadian Armed Forces personnel must complete the Family Care Plan (FCP) Declaration DND Form 2886.

On the morning of Feb. 21, 2006, it looked like a double deployment could be in the works. Fawcett’s husband Curtis was called to the base for workup training to deploy to Africa and her unit was next in line for activation.

Fawcett executed the Family Care Plan with the approval of her commanding officer, donning her uniform and putting her son in the car to drop him at his grandparents’ house.

Tragically, Fawcett’s vehicle slid off the icy road into the median. She then took her nine-month-old son and headed for the ditch to get out of the way of oncoming vehicles. But while she was in the ditch, a truck hit a semi and careened into the ditch, hitting Fawcett and her son. Fawcett’s leg was severed, and baby Kieran was thrown under a semi-truck and killed.

The circumstances of Fawcett and her husband being in the military were a key factor in what happened, and she was an active member of the Air Force, being willing to defend Canada and serve at a moments notice. Firstly it should be understood the minute you sign up for the Canadian Armed Forces you are on duty and can be called to serve at a moments notice and her injury should have been considered as being when she was on duty.

The Liberals who shamefully state that veteran are asking for too much money and for a decade, the government has steadily refused to pay for her $34,000 prosthetic leg. And, now this is all made all the worse considering the extraordinary dedication Fawcett has shown to her country:

Against all odds, Capt. Fawcett became the only Canadian woman to deploy to Afghanistan with a prosthetic limb. She served during the height of the Afghanistan war in Kandahar, helping the families of fallen soldiers to process their own losses on bereavement visits. Despite her dedicated service, Fawcett feels she has been betrayed by the very institution and government she has served faithfully.

Prosthetics are expensive, but the Canadian Armed Forces is refusing to pay for Fawcett’s prosthetic leg, disputing whether she was on duty at the time of the accident and this has left Fawcett on the hook for the cost.

Keep in mind, the government controls the military, that’s the entire point of ‘civilian control of the military’ in a democratic nation. So, they could order the military to pay for Fawcett’s prosthetic leg. All it would take is a phone call.

I am astounded by the difference between how Omar Khadr has been treated, and how this loyal member of our Armed Services is being treated.

They bent over backward to be nice to Omar Khadr and they did what they thought was the right thing even though it wasn’t popular. Now, I suggest we have done her wrong. She didn’t murder anybody. She did not go against our country. She served honorably, and she is being singled out?

The government must take immediate action and reverse this gross injustice. The Defence Minister or the Prime Minister needs to pick up the damn phone, call the armed forces, and order them to immediately cover the full cost of Fawcett’s prosthetic leg.

Anything less is simply unacceptable and that is the way I see it.


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Post by Armoured Sun 14 Apr 2019, 7:16 am

Captain's long fight with the military

Published on: April 13, 2019

 Capt. Kimberly Fawcett SU.Kimberly-Fawcett-Smith

Adrian Humphreys/National Post

Note: this first story ran in June 2018.


In 2006, Captain Kim Fawcett’s air force unit was gearing up for deployment, not unexpected for an experienced member of a high-readiness unit as Canada’s war in Afghanistan was expanding.

This time, however, there were extra complications: Fawcett was a new mother just back from maternity leave, and her military husband had been ordered onto base to prepare for an imminent mission of his own.

Fawcett, a planning officer at the time, was able to make quick arrangements to help both of their deployments and, on the morning of Feb. 21, 2006, she phoned her commanding officer and received approval to trigger the military’s mandated childcare plan for their nine-month-old son, Keiran.

She put on her forest green combat uniform, with the button-down side pockets in the pants, its matching winter coat and black combat boots. Her husband, a major, carried Keiran to their Jeep, kissed them goodbye, and Fawcett headed from their house near Canadian Forces Base Kingston to hand Keiran over to his grandparents.

As she merged from the long on-ramp onto Highway 401, her Jeep spun on ice, slid across two lanes and slammed into the road’s concrete median. Behind her, strapped in his car seat, Keiran began to cry. Near the bottom of his almost perfectly round face with three dimples, Fawcett saw a speckle of red. Perhaps he had bit his lip.

She was about to climb into the back seat to check on him when she realized how precarious they were, stuck blocking the passing lane. She thought it safer to carry him back across to the shoulder of the highway and up an embankment on the other side of a ditch to wait for help.

“I stepped down into the ditch and then we were hit broadside right out of nowhere,” she says.

A truck crashed into Fawcett’s right side. She was carrying Keiran in her left arm and the impact sent him flying. She had no idea where because at that moment the button on her combat pants snagged on the truck’s front grill and she was yanked abruptly down. Both tires ran her over and the forward motion tore off her right leg.

“I landed on my back on the 401,” she says. “I looked up and I just remember seeing a clear sky, and a snowflake had touched down on my nose.” It was the last thing she remembers of that day, which is a blessing.

Keiran had also landed on the highway. As a transport truck barrelled towards him, its driver caught a glimpse of what he thought was a doll in the middle of the pavement, she was later told.

Nothing could be done.

Fawcett almost joined her baby. She had 21 fractures in addition to her missing leg. Shattered bones along her right side were held in place by the hardy cloth of her combat coat: her shoulder, ribs, hand, fingers, wrist, forearm, elbow and upper arm, were in pieces. Her spine was broken in five spots, along with her cheekbone and jaw. Her remaining foot twisted completely around, still in her boot.

In the time since, Fawcett fought to overpower her grief as well as her injuries. She fought to adapt to life as an above-knee amputee. She fought to return to work and to complete a second tour of duty in Afghanistan — the first female soldier to serve in a warzone with a prosthetic leg. She fought to excel as a para-athlete, winning four world medals. She fought to climb to the top of Mount Kilimanjaro, twice.

She has fought and fought but her fighting is not finished.

Fawcett is now in a battle with the Canadian Forces. After 10 years of litigation, she is heading to the Federal Court of Appeal to try to change the military’s decision to deny her disability benefits.

“Six months after I lost my leg I went back to work. I put the uniform back on and I went back to work full time, even though I was still in and out of surgery,” she says. “I needed to re-join my unit, I needed to reconnect with my friends and military family.”

Fawcett, 49 and now living in Toronto with her husband, was raised in military culture.

Born in Nova Scotia, her great-grandfather, grandfather and father were all in the armed forces. Her father retired an air force colonel. Growing up, her family jumped from province to province according to his military postings. Her two brothers are in the military.

Fawcett joined the army as a combat engineer in 1996 after graduating from the University of Manitoba. She later transferred to the air force and worked as an air movement officer, including on an early deployment during the war in Afghanistan in 2002.

She met her husband, Maj. Curtis Smith, at Canadian Forces Base Borden, north of Toronto. After they married in 1998, their careers kept them posted in different cities for five years.

“It made trying to have children a little difficult but that was just the way it worked and the nature of our occupations,” says Fawcett.

By 2004, though, the couple was finally posted to the same base, both in high-readiness units designated for short-notice overseas deployments.

Fawcett was tapped to apply for Canada’s elite special forces unit, Joint Task Force 2, or JTF2, but by the time she had her interview she was seven month’s pregnant. She planned to reapply after her maternity leave.

Keiran’s arrival — on May 7, 2005 — required the couple to map out a Family Care Plan, a military order for soldiers in high-readiness units to always be prepared with child care in case of a prompt deployment.

Captain Kimberly Fawcett’s husband, Curtis, and son Keiran.

Fawcett and Smith’s FCP needed special attention: It was possible they could both be deployed abroad at the same time and Keiran had health problems, he was partially deaf and had a blockage between his stomach and his intestines. Should their duties overlap, the couple’s FCP was to leave Keiran with Smith’s parents.

On the morning of the crash, Smith was ordered onto base for an urgent training session prior to imminent deployment to Africa. Fawcett’s unit was expected to be next, she says, so she activated the plan to have Keiran’s grandparents step in as caregivers.

After the catastrophic crash, her rehabilitation was difficult but the results remarkable. She found the pain easier to bear when channeled into sport rather than traditional physiotherapy. And she used her grief over Keiran as motivation.

“I kind of thought, okay, if Keiran was alive right now, what would I want to learn to do with him? Swim, bike, run,” she says. “Three skills you would normally want to do with your child. Every step my son wasn’t going to take I would take in his memory.”

Fawcett combined her efforts to learn how to swim, bike and run again into paratriathlon. She earned high honours, including two bronze and two silver medals at international games. Her resilience sparked an appearance on The Oprah Winfrey Show.

Fawcett had also returned to work, but her job had changed. At first she was posted to the Royal Military College to work with cadets. Then she became a special advisor on the care of the ill and injured.

In 2008 she redeployed to Afghanistan. Two years after her own son’s death, her mission was to bring 20 families of Canadian soldiers who had been killed on deployment to visit Afghanistan to see how and where their sons had lived, fought and died.

Meanwhile, her bills for prosthetic legs and leg repairs piled up, she says. So, 15 weeks after the crash, she applied for military disability benefits. The military’s initial investigation deemed her on duty at the time of the crash but her unit’s new commander disagreed and denied her claim.

“I was the dutiful soldier. I was trying to restart my career, waiting for the next challenge, the next level, the next promotion,” she says. So at first she let it go.

As the bills continued to mount, however, and as she heard of other soldiers with similar injuries approved for benefits and disability pensions, she decided to file a grievance in 2009.

After a two-year wait, Fawcett’s case was finally addressed — but the military’s decision to deny her benefits was upheld. So she sought a judicial review by the Federal Court.

A judge found the military’s decision to deny her benefits to be unreasonable and ordered a re-evaluation.

In 2015, her claim was yet again denied. So again she sought the court’s review, and again it was sent back for re-evaluation. The military’s assessment did not change and Fawcett again appealed. Last year, a third Federal Court judge finally ruled in the military’s favour.

Fawcett is appealing that decision.

“I was serving my country and at the same time not being able to pay for my legs and my leg repairs,” she says. “I had such amazing experiences when I had both my legs and it’s really hard to have to admit to yourself that you don’t have the support of your chain of command.”

In February, on the anniversary of the crash, an envelope marked FINAL NOTICE arrived at her home. She opened it knowing what was inside: a bill for $34,151.15 from the company that makes her prosthetic leg.

“This is for repairs for my leg from when I was still in uniform, serving my country. I find it difficult to swallow. My little boy would (have been) 13 in May. It’s hard to believe 12 years have gone by and I’ve spent the last 10 years fighting for a pension.”

The military argues it was personal factors not military service that caused Fawcett’s injuries; that at the time she was acting as a mom not a soldier.

Fawcett argues she was required to have a Family Care Plan by military order and activated that plan to accommodate her and her husband’s preparation for deployment; she was in uniform during work hours with the approval of her commanding officer to execute the care plan.

Last year, she says she received a letter with an offer from the military’s lawyers.

“It essentially said they won’t give me a disability pension but they’ll name a building after my dead son. It was very upsetting.”

For its part, the Canadian Armed Forces says it does not minimize Fawcett’s loss but stands by its decisions.

“The accident that injured Capt. Kimberly Fawcett and claimed the life of her son was a terrible tragedy,” says Maj. Doug Keirstead, a military spokesman. “An investigation conducted by the Canadian Armed Forces concluded that Capt. Fawcett was not on duty at the time of the accident and that her injuries were not attributable to military service.”

Keirstead says he cannot discuss Fawcett’s personal situation because of the Privacy Act and, because the matter is still before the courts, declined to discuss the legal case.

A date for her appeal hearing has not been set.





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Post by Starman Wed 24 Apr 2019, 6:48 pm

After losing infant son and leg in horrific crash, air force captain loses legal battle for compensation

Capt. Kimberly Fawcett lost both her son and her leg in tragic 2006 motor vehicle accident


Kathleen Harris · CBC News · Posted: Apr 24, 2019

 Capt. Kimberly Fawcett Canadian-military
The Federal Court of Appeal has dismissed an appeal filed by Capt. Kimberly Fawcett, who has been fighting for benefits since a traffic accident killed her infant son and left her an amputee. (Frédéric Pepin/Radio-Canada)



154 comments

A Canadian air force captain who served two tours in Afghanistan has lost another legal bid for disability benefits, 13 years after losing both her baby son and one of her legs in a motor vehicle accident.

Capt. Kimberly Fawcett has been embroiled in a prolonged battle with the Canadian Armed Forces, which denied her compensation and reimbursement for a prosthetic limb. The CAF determined she was not on duty at the time of the accident and that her injuries were not attributable to her military service.

A series of grievances, internal reviews and legal actions led up to this week's Federal Court of Appeal ruling that sided with the CAF and the Attorney General of Canada.

On Feb. 21, 2006, Fawcett had received permission to arrive late for work. She was carrying out a military-authorized family care plan, driving her infant son to be cared for by his grandparents. That task normally was carried out by Fawcett's husband, but he had been called to last-minute training prior to deployment to Afghanistan.

On a highway ramp near Kingston, Ont., Fawcett's vehicle slid on the ice and came to rest blocking a passing lane. She tried to carry her son to the shoulder of the highway and up an embankment, but was struck by an oncoming vehicle.

In an interview with the National Post published on June 6, 2018, Fawcett described the tragedy and its aftermath. She spoke of how she turned to competitive sports to cope with her grief over losing her son Keiran, who was just nine months old at the time of the crash.

The amputee triathlete also did a second tour in Afghanistan with a prosthetic leg.

"I was serving my country and at the same time not being able to pay for my legs and my leg repairs," she told the newspaper. "I had such amazing experiences when I had both my legs and it's really hard to have to admit to yourself that you don't have the support of your chain of command."

Opposition critics demand action
Opposition Conservatives and the NDP have put pressure on the Liberal government to settle the case out of court and give Fawcett the supports she needs.

"She is a patriot and the CAF should be using her in recruiting campaigns instead of fighting her in court," NDP MP Dan Harris tweeted in February.

Conservative MP Phil McColeman raised the issue in the House of Commons in December, insisting a veteran of two deployments to Afghanistan should not have to fight the government for a prosthetic limb.

"She defended our country in Afghanistan, but the military and Veterans Affairs say they will not pay for her prosthesis," he said. "When will the Liberals do the right thing and cover the costs related to her injury?"

At the time, Defence Minister Harjit Sajjan thanked Fawcett for her service and promised the government would assist.

Sajjan promised help
"Our hearts go out to her for the loss she has suffered. We are committed to making sure she gets the support she needs, including for the prosthetic leg," he said.

"Due to the complexity of the decisions made some time ago, this file is very complex. However, we will not only make sure that she has the right support, but we will work through that complexity to make sure we do right by her."

In a statement provided to CBC News in response to the court ruling, provided by the minister's spokeswoman Renée Filiatrault, Sajjan again expressed thanks for Fawcett's continued service and said the government takes the health and well-being of women and men in uniform very seriously.

"For privacy reasons, I can't speak to the specifics of this case but my priority is to ensure we take care of our people. Officials are in constant contact with Captain Fawcett to ensure we are supporting her needs. I have been very engaged with this case and we are working towards a solution," Sajjan's statement reads.

Fawcett first filed a grievance over being denied compensation in June, 2009. Today's Federal Court of Appeal ruling deferred to the decision made by then-Chief of the Defence Staff Gen. Walt Natynczyk, stating that he "undoubtedly has expertise in interpreting these terms."

"This expertise arises both from his role in the control and administration of the Forces ... and his designation as final authority in the grievance process," the ruling reads.

"The CDS's detailed reasons exhibit justification, transparency and intelligibility. His decision, in my view, falls within the legally and factually defensible range of possible, acceptable outcomes."






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Post by Thunder Fri 26 Apr 2019, 6:08 pm

OPINION

Ottawa’s ultimate betrayal of a wounded veteran and mother

Matt Gurney: So far, 400 Canadians have done what the government won’t, giving money to help pay for Kimberly Fawcett’s prosthetic leg. She deserves better.

by Matt Gurney Apr 26, 2019

 Capt. Kimberly Fawcett 19861406-810x445-1556306379

When remembering our military veterans, we often speak of those who’ve made “the ultimate sacrifice.” We mean, of course, those who’ve lost their lives in the line of duty, having given their all in the defence of our nation, our allies and our values.

But there is a Canadian veteran alive today whose sacrifice is actually arguably greater than her own life. And what this country continues to put her through should shame every one of us.

In February of 2006, Royal Canadian Air Force Captain Kimberly Fawcett was a member of a high-readiness unit—she was required to be ready to deploy on very short notice. Her husband was also an officer in the Armed Forces, also assigned to a high-readiness unit, and military policy required them to have a plan in place for childcare for their infant son in the event they were both ordered to deploy.

Capt. Fawcett’s husband did indeed receive orders to report for duty, and with her unit next in line, Capt. Fawcett spoke with her commanding officer. It was decided that they would indeed activate their childcare plan. Capt. Fawcett set off to drop nine-month-old Keiran off with her husband’s parents.

That’s when disaster struck. The road conditions were poor. Capt. Fawcett’s car spun off the road and hit the median hard enough to become stranded, half-blocking a live line of traffic. She grabbed Keiran and tried to get to safety, across the road, but they were hit by a passing truck that had collided with another vehicle. Capt. Fawcett was dragged; her leg was torn off. Keiran did not survive.


In those few seconds, Capt. Fawcett endured two separate tragedies the likes of which most of us will never face. She lost a limb, and she lost a child. Her other injuries were devastating—bones were broken from her face to her remaining toes. But Capt. Fawcett survived, and recovered, and even served a tour in Afghanistan on a new prosthetic leg. She continues to serve to this day.

All of us know in the abstract that our military men and women go above and beyond for us. We’ve all heard stories of tremendous courage under enemy fire, or of soldiers laying down their lives to save their comrades or endangered civilians. We celebrate those stories and honour those soldiers, as we damn well should.

But Capt. Fawcett wasn’t injured in battle. She lost her son and part of herself and still found the strength to continue serving her country.

But her country, or at least its bureaucracy, isn’t particularly interested in serving her.

Capt. Fawcett has been locked in a legal battle with the Canadian government for years over the costs of her prosthetic leg. By the time it was built and fitted and properly tuned, the cost had risen to more than $30,000. But the Canadian government contends that that’s an expense that must be borne by the captain. Government lawyers have repeatedly argued that in court since Capt. Fawcett wasn’t technically on duty at the time of her accident.

It’s shocking, but true. Shortly after her accident, Capt. Fawcett applied for disability benefits. Her commanding officer signed off, agreeing the application was in order, and that she was on duty at the time of the crash. But shortly thereafter, a new commanding officer disagreed, arguing that she was not on duty at the time of the accident.

Even though dropping off her son as part of the established plan was done at the military’s insistence, and despite the fact that the captain was doing so with the knowledge and agreement of her (then) commanding officer, the government’s contention ever since has been that she was, in effect, off the clock.

It’s a tragedy, they agree, but it’s not the government’s problem. Thanks for your service, Captain, and sorry about your son. But this tab’s on you.

Capt. Fawcett’s story has made the news before more than once. Each time there is outcry and outrage. A few months ago, the anger was enough to get the federal government’s attention. In response to a question in the House of Commons, National Defence Minister Harjit Sajjan said, “Our hearts go out to her for the loss she has suffered. We are committed to making sure she gets the support she needs, including for the prosthetic leg. Due to the complexity of the decisions made some time ago, this file is very complex. However, we will not only make sure that she has the right support, but we will work through that complexity to make sure we do right by her.”

That was reassuring. But this week, the Federal Court rejected Capt. Fawcett’s latest appeal, agreeing with the government’s contention that she was not on duty at the time of the accident and that her injuries were not attributable to her military service. Since then, Sajjan hasn’t had much to say, falling back on the old, “For privacy reasons, I can’t speak to the specifics of this case” defence.

I’m not going to argue points of law with the court (Capt. Fawcett’s lawyer has said they’re considering an appeal to the Supreme Court). And it’s also important to note that Capt. Fawcett remains in the military, and continues to receive some support from the Forces.

But this is a textbook example of missing the forest for the trees. Covering the cost of Capt. Fawcett’s leg may not be required by the letter of the law or by military regulations, but would any single Canadian argue that it’s not the right thing to do?

Rules and regulations exist and are essential to any organization, none more so than the military, which requires intense discipline. But rules and regulations must not stand between a grateful nation and an honourable warrior’s due. Why hasn’t someone stepped up to make this happen?

Four hundred Canadians agree with me—they’ve donated to a GoFundMe to cover the full cost of the captain’s leg and its repairs. So far, they’ve raised over $21,000 of the $34,000 goal.

That’s wonderful—a tangible demonstration that Canadians care about those who’ve given up so much in service to us. But it’s an equally tangible sign of our pathetic failure to properly and humanely care for our veterans. They deserve so much better than this. They never quite seem to get it, though, do they?





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Post by Firestrike Wed 01 May 2019, 7:35 am

'I am prepared to fight': After losing bid for compensation, air force captain takes on Bill Blair

Capt. Kimberly Fawcett lost a legal bid for disability benefits following accident that killed her infant son


Murray Brewster · CBC News · Posted: May 01, 2019

 Capt. Kimberly Fawcett Reproduction-rights-sold-to-kimberly-fawcett-for-web-site-and-lo

For Capt. Kimberly Fawcett, the personal is now political.

The soon-to-be former air force officer — who last week lost a court challenge of the military's refusal to pay disability benefits for a 2006 traffic accident that claimed the life of her infant son — is now confirmed as the nominated federal Conservative candidate in the Toronto-area riding of Scarborough Southwest.

She said she's jumping into the political fray to help protect other Canadian Forces members from going through what she did.

"I went to Bill Blair three years ago to ask for his help and he turned me away," Fawcett told CBC News. Blair, the Trudeau government's border security minister, represents Scarborough Southwest.

"If he is not prepared to fight for someone like me or anyone else in our riding, then I am prepared to fight him for the job."

Fawcett, who sheds her air force uniform in June, is at a personal and professional crossroads.

The Federal Court last week rejected her challenge of the military's refusal to pay her disability benefits for the accident that claimed the life of her nine-month-old son, Keiran, and left her an amputee.

For more than a decade, Fawcett has fought a pitched battle with the defence and veterans departments. The federal government claims the tragic accident on Highway 401, just outside of Kingston, Ont., did not occur while she was on duty — even though the trip was sanctioned by her commanding officer and part of an approved military-mandated family care plan.

Over a decade ago, Ottawa refused to cover the cost of her prosthetic limb. Fawcett still returned to duty after learning to walk again. She even deployed to Afghanistan for a second time in 2008.


 Capt. Kimberly Fawcett Money-laundering-20190219

She said she asked Blair to look into her case and to act as an information "conduit" with the federal government while the matter was before the chief of the defence staff.

She said she was subsequently ignored and then told nothing could be done because the matter was before the courts.

CBC News asked Blair for comment but the minister said he would not discuss the specifics of Fawcett's case.

"Out of respect for the privacy of my constituents, I do not comment on individual cases that are brought forward to me," he said. "As the Member of Parliament for Scarborough Southwest I always strive to make myself available to constituents to assist them with their concerns."

Fawcett said her desire to run is rooted more broadly in dissatisfaction with the Liberal government's treatment of veterans and military programs. Fawcett questions the fiscal sustainability of some of the Trudeau government's spending decisions and said she suspects those in uniform will be among the first to suffer in the event of budget cuts.

Her candidacy is a little ironic in light of the fact the Liberals rode to power in 2015 partly on the dissatisfaction of veterans who saw themselves being run over by the former Conservative government in its drive to balance the budget.

Fawcett acknowledged the political grievances of the past but said the Conservative Party has learned from them and is moving forward.

"It doesn't matter who, or what party, is in charge of veterans. I want to see that the department does right by veterans," she said.


Fawcett took her fight to Federal Court after her internal grievances were denied. Shortly after the accident, she was told that she qualified for disability benefits, but the decision was overturned and upheld all the way up to the chief of the defence staff.

"My grievance started because I asked for an explanation. And to do this day, I still do not have an explanation," she said.

"We hoped, at the end of the day, our chain of command was supportive. It was a difficult pill to swallow that they didn't and that [the decision] was very arbitrary."

It's that sort of inconsistent treatment that Fawcett said she wants to fight from inside the government.

She's currently weighing whether to fight the Federal Court decision all the way to the Supreme Court. She's also considering a further appeal of her denial of benefits to the federal Veterans Review and Appeal Board.





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Post by Gridlock Sat 04 May 2019, 9:03 am

Bill Blair says he never saw plea for help from amputee now running against him

Murray Brewster · CBC News · Posted: May 03, 2019

 Capt. Kimberly Fawcett Money-laundering-20190219




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Post by Proctor Tue 28 May 2019, 11:33 am

ARMED FORCES - Appeals and judicial review - Reasonableness

Tuesday, May 28, 2019

https://www.thelawyersdaily.ca/articles/12601/armed-forces-appeals-and-judicial-review-reasonableness?category=digests



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Post by Marshall Mon 10 Jun 2019, 6:43 pm

Federal Appeal


Pensions
Public service superannuation



June 10, 2019

Military pensions


Legal questions decided by Chief of Defence Staff in interpreting Canadian Forces Administrative Order not outside adjudicator’s specialized area of expertise

Applicant member of Canadian Forces had leg amputated after motor vehicle accident while taking son to daycare on way to work. Chief of Defence Staff (CDS) denied disability benefits because applicant was not on duty at time of accident and that injuries sustained were not attributable to military service. Application judge dismissed applicant's application for judicial review of decision of CDS. Judge held that CDS's conclusion that applicant was exercising parental responsibility outside of military duty was based on reasonable interpretation of directives and legislation. Judge found it reasonable for CDS to conclude that applicant's discharge of parental responsibilities was not attributable to military service. Applicant appealed. Appeal dismissed. Judge correctly determined that standard of review was reasonableness, not correctness as applicant argued on appeal. Federal Court of Appeal's C case did not determine standard of review applicable in this case. Legal questions decided by CDS in interpreting Canadian Forces Administrative Order (CFAO) 24-6 did not come within category of questions of law that were both of central importance to legal system and outside adjudicator’s specialized area of expertise. Interpretation of CFAO 24-6 did not fall into exception for questions involving jurisdictional lines between two or more competing specialized tribunals because lines between CDS and Veterans Review and Appeal Board (VRAB) were not blurred. Judge made no error in determining that CDS's conclusions were reasonable. Federal Court's comments made in first application for judicial review could not bind subsequent decision-maker or reviewing court.

Fawcett v. Canada (Attorney General) (2019), 2019 CarswellNat 1249, 2019 FCA 87, Wyman W. Webb J.A., D.G. Near J.A., and J.B. Laskin J.A. (F.C.A.); affirmed (2017), 2017 CarswellNat 6889, 2017 CarswellNat 6982, 2017 FC 1071, 2017 CF 1071, Ann Marie McDonald J. (F.C.).

Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca.


Catetory: Federal Appeal





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Post by Armoured Mon 02 Sep 2019, 8:22 pm

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