Canada should establish in law a social contract with veterans

LOUIS CUPPENS

Published on: January 4, 2018

The Canadian Peacekeeping Veterans Association, an all-veteran group, is gravely concerned about the current untenable legal situation in which Canadian vets are trapped.

Recently, a B.C. Court of Appeals overturned an earlier ruling of the B.C. Supreme Court concerning a class-action lawsuit by veterans. The court’s claim is that there is no legislation that creates a social contract between members of the Canadian Armed Forces and the Government of Canada. Their finding states in most simplistic terms — “the government has no obligation to care for its military and veterans.” This is indeed unfortunate and this finding will surely have a negative impact on recruitment and retention of our volunteer military and RCMP unless it’s redressed.

While citizens consider that such a social contract, also called the social covenant or the sacred obligation, exists, the reality is that our legislators have never passed legislation that defines the social contract with those who defend and serve our nation and willingly expose themselves to “harms way.” Those who serve expect that they’ll be cared for, but such legislation — the social contract — has eluded governments for years.

A historical review will reveal that such a contract exists in practice, but not in legislation, and this needs to change. Courts enforce legislation; legislators create the laws that govern us.

The Government of Canada’s support of vets began with the creation of a two-focused department, headed by a minister in 1928. In 1944, the government created the Department of Veterans Affairs by an act that has been amended over time. Neither contains a reference to the needed social contract. I contend that the creation of Veterans Canada is the fulfilment of the unstated social contract; however, successive governments seem to refuse to take responsibility for the affairs of veterans — witness the recent statements by Minister of Veterans Affairs Seamus O’Regan and the promise made by Prime Minister Justin Trudeau to create a lifelong pension for injured vets.


The legislation to enact the New Veterans Charter and supporting legislation came into being in 2006; however, improvements can and should be made. Veterans’ advocacy groups have made the government and citizens aware of such. Still no statement of a social contract has been placed into law. In 2007, the government enacted the Veterans’ Bill of Rights; again there is no mention of a social contract or obligation.

The courts don’t consider statements by elected officials as law; in fact, such are viewed as political rhetoric. Statements by ministers and the PM that “we support our veterans” are just that, with no basis in law. Surely a simple amendment to extant legislation that states clearly that there is a social contract, wherein the government and the people of Canada have the moral and social obligation to care for its vets, can be accomplished. Perhaps new legislation would fulfil this essential policy. Either would be welcomed by those who serve.

Our veterans, service personnel and RCMP stand between us and those who would do us harm. They expect that they’ll be cared for by the government and people they serve. Simply stated, “Remember the fallen, take care of the wounded.” Please encourage those you elect to office to enact this essential “social contract.”

Lt.-Gen. (retired) Louis Cuppens is the special advocacy adviser for the Canadian Peacekeeping Veterans Association and a former deputy commander-in-chief of Norad.

http://vancouversun.com/opinion/op-ed/opinion-canada-should-establish-in-law-a-social-contract-with-veterans