Author Topic: CVA Warning order - SISIP Ruling - Operation Positive Review - 1 May 2012  (Read 6614 times)

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Mike Blais

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CVA Warning order - SISIP Ruling - Operation Positive Review

Shot over...

Serving members, fellow veterans, mother, fathers, sons and daughters of those who stand on guard for thee.

I am reaching out to you today to seek your support in a unjust matter that affects over 4500 disabled veterans, men and women who for decades have had their Veterans Affairs Canada pension for PAIN and SUFFERING offset by the SISIP LTD program. This morning, the Nova Scotia Supreme Court ruled in favour of veterans…

"The practical consequence of the claimed offset is to substantially reduce or to extinguish the LTD coverage promised to members of the Class by the SISIP Policy with particularly harsh effect on the most seriously disabled CF members who have been released from active service. That is an outcome that could not reasonably have been intended and I reject it unreservedly."

"Having determined that the Defendant’s offset of Pension Act disability benefits from LTD income payable under the SISIP Policy is not contractually justified, it is unnecessary to consider the second issue raised by the parties. A further case-management meeting with counsel will be convened to discuss the implications of this decision for the continuation of the proceeding."

"THIS COURT ORDERS that the Defendant’s offset of Pension Act disability benefits from the SISIP LTD income payable to the Plaintiff and to the other members of the Class is in breach of Article 24(a)(iv) of the SISIP policy. "

Defence Minister Peter Mackay spoke in the House of Commons during Question Period today that the government would review the decision before deciding on whether to appeal or not.

"Mr. Speaker, I believe the member opposite is a lawyer. He would know this decision has just been rendered today by the Federal Court. The Department of Justice and the Department of National Defence will review this case. Until such time it would be inappropriate to comment further."

Accordingly, the Canadian Veterans Advocacy has launched a campaign to encourage veterans and their patriotic supporters to invoke a positive review by emailing, writing, telephoning or speaking in person to Minister MacKay and Minister Nicholson to this issue and the Sacred Obligation they and parliament have to those they send to war and, most importantly, those who have suffered the mental and physical consequences of war and peace.

Sometimes, it takes more than just wearing a red t-shirt on Friday or sticking a yellow ribbon on your car to SUPPORT OUR TROOPS!

Sometimes, saying prayers for those who serve in Harm’s Way is just not enough.

Sometimes, Canadians must be inspired to do something of patriotic significance if they are to stand on guard for those who have sacrificed greatly in Canada’s name.

Please. There is a very limited window of opportunity for Canadians to act. It will only take a minute by email, the addresses are included!

Simply email Defence Minister Peter Mackay, Minister of Justice Robert Nicholson and me, Michael Blais, Canadian Veterans Advocacy (so that I might post these letters in a public forum to ensure they are recognized, not file 13’d). All you have to ask of them, with all due respect, is to NOT TO APPEAL the Nova Scotia Supreme Court SISIP ruling and to restore the patriotic intent of Parliament.

You can make a difference, WE can make a difference, but only if we fulfill OUR sacred obligation to our brothers and sisters in arms, to Canada’s sons and daughters.

Contact Details.
Email - copy and paste

peter.mackay@parl.gc.ca, rob.nicholson@parl.gc.ca, info@canadianveteransadvocacy.com

Snail Mail, Fax, Telephone

Minister of National Defense Peter Mackay
509s Center Block
House of Commons
Ottawa, Ontario
K1A 0A6
peter.mackay@parl.gc.ca
613-992-6022

Minister of Justice Rob Nicholson
515-S Centre Block
House of Commons
Ottawa, ON
K1A 0A6
tel: 613-995-1547
fax: 613-992-7910
email: rob.nicholson@parl.gc.ca



Michael L Blais CD
Founder/President, Canadian Veterans Advocacy
6618 Harper Drive, Niagara Falls, Ont, Cda.
L2E 7K6 // 905-357-3306 // Cell 905-359-9247

info@canadianveteransadvocacy.com
http://www.canadianveteransadvocacy.com/index.html
https://www.facebook.com/groups/CdnVetsAdvocacy/
https://www.facebook.com/groups/150134285064687/[/color]


Mike Blais

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Some letters...

Please,I urge that you listen to your public and do not abandon our veterans when they need you to represent them fairly. Canadian citizens whole heartedly support our troops and veterans, you have been chosen to represent and protect our interests. Make us proud of our decision and choices.
 
Please do NOT APPEAL the Nova Scotia Supreme Court SISIP ruling. You can make a difference, but only if our Federal Government fulfills its sacred obligation to Canada’s sons and daughters in uniform, as well as our Veterans who continue to suffer after they retire.
 
Thank you

______________________________________________________________________________________


Dear Mr. Mackay,
 
verbatim by you yesterday "..................would know this decision has just been rendered by the Federal Court.  The Department of Justice and the Department of National Defence will review this case".  As
Defence Minister, and spoken during the House of Commons Question Period, as to whether or not your government would appeal the ruling handed down by Justice Robert Barnes from the Nova Scotia Federal Court, in regards to the Service Income Security Insurance Plan (SISIP).
 
Our veterans have been fighting since 2005 (I know of one who is still fighting; since 2003) to have unjust and unfair policies reviewed - think New Veterans Charter, Pension Clawback at 65, PTSD, unsympathetic MP's and Senators, and now a possible appeal.
But then, why not, we have a government that has committed excessive taxpayers dollars to fight against the SISIP Class Action.  So of course, spend more to defeat our men and women who have already been defeated in so many ways.
 
I would strongly suggest they need your wholehearted support in this effort, to do otherwise would be an egregious decision.
 
Yours truly,
FM, BC

Mike Blais

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More letters... God bless you all!

Prime Minister Harper and Sirs,

I am one of the members of the class action suit. I am 43 years old female and was medically released in 2010 after serving 21 loyal and dedicated years with the Canadian Forces. I applied to SISIP LTD so that I may go back to school to become rehabilitated so that I could have a productive life. I was granted the LTD monthly entitlement but found out that my DVA monthly pension (was awarded the monthly amount back in 2001) was being deducted from the SISIP amount.

With all due respect, please do NOT APPEAL the Nova Scotia Supreme Court SISIP ruling. You can make a difference, but only if our Federal Government fulfills its sacred obligation to Canada’s sons and daughters in uniform, as well as our Veterans who continue to suffer after they retire.

Respectfully,

Sgt VMB CD (ret)


Dear Member of Parliament, Prime Minister Harper, Minister MacKay and
Minister Blaney
On May 1st, 2012, the Federal Court of Canada sent a clear message: the
SISIP clawback is unjust, harsh and deprives disabled Canadian Forces
members of modest financial solace for their pain and suffering.I am
writing today as your constituent to request that you do everything in
your power to ensure the Government of Canada honour the ethical, moral,
and now legal obligation to immediately end the SISIP clawback on a
go-forward basis, and reimburse all disabled veterans whose SISIP benefits
have been clawed back by Pension Act payments in the past.Please show your
support for Canada's veterans by not appealing this decision.The SISIP
clawback is wrong, and Canada's disabled veterans deserve better than
another 5 years in court fighting their own government.

Sincerely,HB NB

Mike Blais

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Subject: Don't Appeal SISIP ruling: Do the Right Thing


Dear Member of Parliament, Prime Minister Harper, Minister MacKay and
Minister Blaney,


On May 1st, 2012, the Federal Court of Canada sent a clear message: the SISIP
clawback is unjust, harsh and deprives disabled Canadian Forces members of
modest financial solace for their pain and suffering.


I am writing today as your constituent to request that you do everything in
your power to ensure the Government of Canada honour the ethical, moral,
and now
legal obligation to immediately end the SISIP clawback on a go-forward basis,
and reimburse all disabled veterans whose SISIP benefits have been clawed
back
by Pension Act payments in the past.

Please show your support for Canada's veterans by not appealing this
decision.


The SISIP clawback is wrong, and Canada's disabled veterans deserve better
than another 5 years in court fighting their own government.

Sincerely,

Alain D QC

Mike Blais

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Aux Ministres,


 S'il vous
plait, ma requête pour vous est de ne pas aller en appel avec la
décision de la Cour Suprême de la Nouvelle-Ecosse sur le jugement du
SISIP. Montrer à nous vétéran que nous vallons encore quelques choses
après toutes nos années de services et de tous nos sacrificies.

Sincèrement

CG

 
Dear Mr. Nicholson,
 
When you consider the hardships and defeats our Canadian veterans have experienced, I would ask you to question "when will it end?"
 
For years they have fought our governments for their rights.  Now you have a chance, not only as Minister of Justice, but as a compassionate individual, too help to make it right once and for all time.
 
If this present government decides to appeal the decision handed down by Justice Robert Barnes regarding the Service Income Security Insurance Plan(SISIP), it is my hope you will vote NOT TO APPEAL!
 
Sincerely,
Fran M BC

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Keven in the Canadian veterans Advocacy team leader in Vancouver... Pro Patria...

Dear Mr. Prime Minister,  Mr. Minister(s),

      I am writing to implore that the Government not appeal the ruling
of the Federal Court in the Case of Denis Manuge. Enough taxpayer
money has been wasted disenfranchising the most seriously wounded
veterans of this country. I live on Earnings Loss Benefit (ELB), a
program through Veterans Affairs Canada. I receive $3077 a month to
live on. Since I was injured in 2002 on exercise in New York, and
again in 2003 in Afghanistan, I have received a payment monthly,
currently $633.00 under the Pension Act. Since ELB is calculated
through the same formula of SISIP, I only receive $2444 from ELB,
and my pension from VAC of $633.00. This brings me to the total of
$3077. The fact that I cannot work due to my PTSD (Diagnosed in
2010 and dealt with under the disgraceful New Veteran's Charter)
put me on ELB. The $633 less I receive as compared to anyone else
from ELB due to being injured under the old rules is punitive and
not in the spirit of the Legislation of the Pension Act, which was
to alleviate the pain and suffering of the Veteran wounded/injured
in the service of his/her country with a modest financial
recompense. Prime Minister Harper compared the Afghanistan War to
World War II in question period last week. Therefore,  the same
benefits World War II veterans were entitled to MUST apply to
Afghanistan War Veterans. Enough fighting your own troops. Enough
abandoning the principles of the Pension Act.  Enough abandonment
of your obligations. Your obligation to soldiers is lifetime and
should be benevolent, not punitive. Appealing this decision will
say a lot about how this Government truly treats Veterans, beyond
the scope of rhetoric. This, Sir, is where the rubber meets the
road. Do the right thing both here and with the New Veterans
Charter. Enough mistreatment of Vets.


Sincerely,


   Kevin Albert Matthew Berry,
   Port Moody, BC
   Pte (ret) 3RCR, N Coy
   OP ATHENA Roto 0 (2003-2004)

Mike Blais

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Dear Harper Government officials,

I¹m deeply concerned of the many ligation issues and court challenges this
Harper government is undertaking at the cost of tax payers. That said, this
one should be an easy one to quit with.

³After decades of systematic claw backs on income replacement to which
disabled veterans were entitled, today the more than 4500 affected veterans
received a decision confirming what they always believed to be true: the
Nova Scotia Supreme Court has stated that the Pension Act disability award ­
an award for pain and suffering ­ must not be considered income and the
income replacement benefits to which these veterans have been entitled
through SISIP must not be reduced by the amount awarded under the Pension
Act. This claw back has been placing the most significantly disabled
veterans at a financial disadvantage for decades, and now the courts have
made it clear that this claw back is wrong and unfair.²

I am urging the Harper government to cease appealing this decision and help
the veterans of Canada by giving them their taxes back collected under the
Pension Act. Canadians want the Government of Canada to live up to the
sacred obligation it has to those who have served, and most importantly, to
those who have suffered the mental and physical consequences of their
service.

³Sometimes, it takes more than just wearing a red t-shirt on Friday or
sticking a yellow ribbon on your car to SUPPORT OUR TROOPS!² entreated Mr.
Blais. ³Sometimes, saying prayers for those who serve in Harm's Way is just
not enough. Canadians must be inspired to do something significant if they
are to support those who have sacrificed greatly in Canada's name.²
http://www.wireservice.ca/index.php?module=News&func=display&sid=8041

Thank you for your time.

Michelle... Calgary, Alberta

Mike Blais

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Dear Gentleman,

I write you today in hopes that you'll hear my plea of desparation.
PLEASE, end the claw-back and DO NOT appeal the Nova Scotia Supreme Court
SISIP ruling. I'm a 24 year old student who has never served yet has been
affected by the claw-back on a daily basis.
Please end the suffering of so many Veterans and their families and do not
appeal.

Thanking you ever so kindly in advance for your wise decision in NOT
APPEALING.

Megan

Mike Blais

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Honorable Members of Parliament,
 
I with all due respect, request from you and your Fellow Members of
Parliament, please do NOT TO APPEAL the Nova Scotia Supreme Court SISIP
ruling and to restore the patriotic intent of Parliament. I have served in
numerous operational units during my 22 year military career and have been
for the last 10 years and still am 70% disabled due to my military
career.
 
Glenn Petty Officer 2nd CD R,td
Disabled Veteran

Mike Blais

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Dear Member of Parliament, Prime Minister Harper, Minister MacKay and
Minister Blaney,

On May 1st, 2012, the Federal Court of Canada sent a clear message: the
SISIP claw back is unjust, harsh and deprives disabled Canadian Forces
members of modest financial solace for their pain and suffering.

I am writing today as your constituent to request that you do everything
in your power to ensure the Government of Canada honor the ethical, moral,
and now legal obligation to immediately end the SISIP claw back on a
go-forward basis, and reimburse all disabled veterans whose SISIP benefits
have been clawed back by Pension Act payments in the past.

Please show your support for Canada's veterans by not appealing this
decision.

The SISIP claw back is wrong, and Canada's disabled veterans deserve
better than another 5 years in court fighting their own government.

Sincerely,

Abdul

Mike Blais

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Sir,

On behalf of my wife and I, both disabled veterans who served this country
for 44 years, I ask that you accept the court's ruling and do not appeal
the recent court decision. For too long Veterans have been forgotten. You
now have the ability to recognize our painful contributions and improve
our quality of life and becoming a political hero to several generations
of soldiers, seamen and airman in the process. The world awaits your
decision.

Respectfully,

Harry & Joanne

Mike Blais

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Sir’s with all due respect, I am asking that the ruling below NOT BE
APPEALED by DOJ and DND. Your support in supporting those that have and
still serve is greatly appreciated. Recent cuts to other benefits have hurt
us enough.

Nova Scotia Supreme Court SISIP ruling.

"The practical consequence of the claimed offset is to substantially reduce
or to extinguish
the LTD coverage promised to members of the Class by the SISIP Policy with
particularly harsh
effect on the most seriously disabled CF members who have been released from
active service.
That is an outcome that could not reasonably have been intended and I reject
it unreservedly."

ý"Having determined that the Defendant’s offset of Pension Act disability
benefits from LTD
income payable under the SISIP Policy is not contractually justified, it is
unnecessary to consider
the second issue raised by the parties. A further case-management meeting
with counsel will be
convened to discuss the implications of this decision for the continuation
of the proceeding."

"THIS COURT ORDERS that the Defendant’s offset of Pension Act disability
benefits from the SISIP LTD income payable to the Plaintiff and to the other
members of the Class is in breach of Article 24(a)(iv) of the SISIP policy.
"

Defence Minister Peter Mackay spoke in the House of Commons during Question
Period today that the government would review the decision before deciding
on whether to appeal or not.

Mr. Speaker, I believe the member opposite is a lawyer. He would know this
decision has just been rendered today by the Federal Court.  The Department
of Justice and the Department of National Defence will review this case.
Until such time it would be inappropriate to comment further.

Steven