Feds lose skirmish with Afghanistan veterans
VANCOUVER - A B.C. Supreme Court justice says current and former members of the Canadian Forces who were injured in Afghanistan can continue their class-action lawsuit against the federal government.
The lawsuit was filed last fall, with plaintiffs arguing the new Veterans Charter and the changes it brings to the compensation regime for members of the Canadian Forces violate the constitution and the Charter of Rights and Freedoms.
But lawyers for the Attorney General of Canada asked the court to throw out the case, arguing it has no chance of success and was not the appropriate way for the veterans to express their concerns.
Justice Gordon Weatherill says the lawsuit can proceed, except where the veterans argue they'd been deprived of their property rights under a United Nations declaration
He also struck arguments that Parliament had not scrutinized a set of rules known as the Table of Disabilities and Instructions and that the Crown owed the veterans a duty of care consistent with the social covenant.
None of the allegations have been proven in court, and the Attorney General of Canada has yet to file its response to the veterans' lawsuit.