STANDING COMMITTEE ON NATIONAL
DEFENCE AND VETERANS AFFAIRS
COMITÉ PERMANENT DE LA DÉFENSE
NATIONALE ET DES ANCIENS COMBATTANTS
EVIDENCE
[Recorded by Electronic Apparatus]
Tuesday, May 12, 1998
• 1532
[Translation]
The Chairman (Mr. Robert Bertrand (Pontiac—Gatineau—Labelle,
Lib.)): Colleagues, welcome to our second meeting today. this
afternoon, we are very honoured to have Mr. Brian Chambers with us,
as well as a number of other officials.
[English]
Mr. Dennis Wallace (Assistant Deputy Minister,
Veterans Services, Veterans Affairs Canada): Dennis
Wallace.
The Chairman: Yes.
I believe both of you, Mr.
Chambers and Mr. Wallace, have presentations to make.
What we usually do is have you both make your
presentations and then we go to a question period. If
that's okay, you may start whenever you are ready, sir.
Mr. Dennis Wallace: Thank you, Mr. Chairman.
I would like to introduce my team who are here with me
this afternoon. I have Brigadier-General Pierre
Boutet, who is on assignment with Veterans Affairs from
the Department of National Defence—I will speak a
little further about that momentarily; Mr. Darra Mogan,
who is our director general of health care at Veterans
Affairs; and Mr. Bernard Butler, who is the acting
director general of benefits. If there should be
detailed questions they will assist me.
[Translation]
I intend to make my presentation in English and French. If
there are any questions in French, I can answer them.
[English]
Good afternoon, Mr. Chairman and members of the
committee. It is both a pleasure and an honour for me
to be here today to report on the joint work of
Veterans Affairs Canada and the Department of National
Defence and our collaborative efforts to strengthen
communication and cooperation.
First, I would like to reiterate the sentiments of
General Baril when he stated before you that the
cooperation between the Department of National Defence
and Veterans Affairs has reached new heights. A little
later, I will describe the numerous activities and
initiatives our two departments have undertaken. I
would also like to take the opportunity to tell you
more about Veterans Affairs Canada's services and
benefits and our client-centred service approach.
Interspersed throughout my remarks I will address
issues and recommendations raised in the McLellan
report. Overall, our joint commitment is to provide
seamless, timely and responsive services to Canadian
Forces members while they are serving, and in their
transition to civilian life.
[Translation]
Veterans Affairs Canada's mandate is to meet the needs of
Canadians who serve their country during war and peace and to
honour those who gave their lives. Veterans Affairs Canada fulfils
its mandate by providing the best possible service to all our
clients.
• 1535
In this vein, the Department is improving co-ordination
with the Department of National Defence, supporting Canadian Forces
personnel during the transition from the Canadian Forces to
civilian life and working with veterans' groups and other
stakeholders to accomplish these goals.
[English]
I can unequivocally say that Veterans Affairs Canada
is committed to providing the best possible service
to serving and former members of the Canadian Forces who
suffer from service-related disabilities through the
provision of disability pensions, health care
services, and benefits, including counselling.
This service is of greatest support to Canadian Forces
personnel during the transition from the Canadian
Forces to civilian life.
Our department has been very active on the
disability pension front. Allow me to give you
a brief history of what Veterans Affairs
Canada has been doing with respect to disability
pension streamlining.
Legislative changes were put in place in September
1995 as part of the department's commitment to reducing
the disability pension application process. At that
time, the department assumed responsibility
for processing first applications.
Two years from that date, on September 15, 1997,
the time required to process a first application
was cut from 18 months to 5.7 months, and the
entire process, which includes the first application,
review and appeal, was reduced from 36 months
to 11.5 months. Getting it right the first time
is the philosophy the department has adopted through
pension streamlining.
Pension applications by both veterans and current and
former members of the Canadian Forces continue to
increase. In 1997-98 the department received 14,781
applications. Of particular interest to Veterans
Affairs Canada is the percentage of these coming from
current or former members of the Canadian Forces.
Nationally, 43% of first applications received in
1997-98 were submitted by current or former Canadian
Force members, and in some district offices the
percentage was much higher. For example, they accounted
for 78% of first applications in Quebec; 65.5% in Kingston;
64% in Halifax; 61.7% in Ottawa; and 56.1% in Edmonton.
Pension entitlement is the main gateway for
eligibility to Veterans Affairs Canada health benefits
for Canadian Force members. Most health benefits
provided to Canadian Force members under Veterans
Affairs Canada's health care programs must be related
to their pension conditions. Treatment benefits
include such things as prescription drugs, special
equipment, oxygen, vision and audio care, dental,
prosthetics, and aids to daily living, among others.
[Translation]
You are no doubt aware of our Veterans Independence Program.
VIP services enable our eligible clients to remain independent in
their own homes and communities. They include home care,
housekeeping, grounds maintenance, meal preparation and personal
care.
Some of the emerging medical issues that our staff are dealing
with are post traumatic stress disorder and various illnesses
arising from Gulf War service.
[English]
With respect to post-traumatic stress disorder,
a Veterans Affairs Canada working committee is
preparing and issuing diagnostic criteria for PTSD;
developing a medical questionnaire that will assist in
establishing medical diagnosis of PTSD; assessing
PTSD and developing adjudication and medical
guidelines; and establishing a health care protocol
for PTSD suffers.
Veterans Affairs Canada has received presentations on
the subject from Lieutenant-General Dallaire and Major
Lazowski, and is working closely with the Department
of National Defence to smooth the transition for
PTSD sufferers from the Canadian Forces, to ensure
that there is no gap in care or counselling.
Members of our staff have also participated in
international meetings and symposiums on PTSD.
• 1540
[Translation]
Veterans Affairs staff continue to give Gulf War personnel
priority in the processing of pension claims and appeals. As usual,
the benefit of the doubt is always resolved in favour of the
member.
Adjudication teams are monitoring, on an ongoing basis, all
disability pension applications from Gulf War servicemen and women.
[English]
Adjudicators, with the help of pension officers and
medical examiners, are first determining whether claims
could be established for medically recognized
conditions such as chronic fatigue syndrome and
post-traumatic stress disorder. In these and other
cases, veterans are counselled, where necessary, to
submit additional evidence to strengthen their claims.
Veterans Affairs Canada pays travel expenses to the
Department of National Defence's post-deployment
clinics, formerly known as Gulf War clinics, for those
clients released from the Canadian Forces who apply for
a disability pension for Gulf War illnesses, so they
can obtain appropriate diagnostic testing to clarify
the disability from which the client suffers.
For those Gulf War personnel already in receipt of the
disability pension arising from their service in the
Gulf, the clinics provide assessments that assist in
planning appropriate treatments for their conditions.
You can be assured that these Gulf War personnel
receive the same level of consideration as veterans of
any war.
I made reference in my introductory remarks to the
department's client-centred service approach. Let me
explain the philosophy of client-centred service in
more detail.
In response to changing client needs, the department
is shifting from a program-driven approach to that of a
client-based approach, emphasizing more personalized
care service. Adoption of the client-centred service
approach will mean clients with greater needs will
receive more support and contact with skilled staff
within the department as well as outside agencies.
Allow me to illustrate how the spirit of this approach
is already impacting on Canadian Forces clients. At
CFB Petawawa, Veterans Affairs Canada has on site one
day each week an area counsellor from our Ottawa
district office. This facilitates face-to-face contact
with Canadian Forces members and enables the area
counsellor to provide information on Veterans Affairs
programs and services, to monitor the progress of
client applications for benefits, and to network with
clients and other social workers and health
professionals.
In one case this networking resulted in a PTSD client
being identified by another Canadian Forces client. A
subsequent home visit resulted in a number of needs
being assessed, and an extensive care plan was then put
in place.
In Quebec, a partnership between the Quebec district
office and CFB Valcartier has resulted in a committee
being formed, with representatives from Veterans
Affairs Canada, the Department of National Defence, the
provincial government, the Royal Canadian Legion, the
health profession, and the civilian community. The
purpose of the committee is to assist medically
released members in their transition to civilian life.
There are plans to place a Veterans Affairs pension
officer and a clerk on the base for one or two days a
week. Once clearance is received, the Veterans Affairs
clerk will partner with the Department of National
Defence staff member to produce service documents.
In addition, efforts are under way to make copies of
a disability pension applicant's military file available
to Veterans Affairs should a member be deployed to a
special duty area. This type of information-sharing
would accelerate the pension process.
I expect that the presence of Veterans Affairs Canada
will be increasingly apparent on all military bases.
The department is also conducting a review of
veterans' care needs, which does include Canadian
Forces, to identify and forecast the continuing needs
of aging veterans and our other clients with complex
needs. Preliminary findings by the review team with
respect to veteran demographics, their health care
status, and future needs requirements have been
documented and will be further analysed. This type of
evidence-based research is already proving useful for
the department in the development of programs and
policies to better meet the needs of all of our
clients.
[Translation]
In terms of Veterans Affairs Canada/Department of National
Defence co-operation, a Liaison Committee was established, composed
of Directors General from both departments. A Veterans Affairs
Canada/Department of National Defence Improvement Team was formed
at the request of the Liaison Committee to strengthen the working
relationship of the two departments by determining what services
and benefits are currently available to Canadian Forces members, to
search for gaps in the provision of these benefits and services and
to recommend solutions.
• 1545
This improvement team reported its findings and suggested
resolutions in a final report released in the fall of 1997.
[English]
Let me detail some of the activities that illustrate
our efforts in the areas of education, training, and
partnering.
Veterans Affairs Canada made presentations at the base
surgeons' conference and at medical officer training
courses.
Veterans Affairs Canada has prepared presentations
that highlight our services and benefits, and will give
them at bases during SCAN—second career—seminars, at
pre-deployment briefings, and to new recruits.
A Veterans Affairs Canada-Department of National
Defence cross-training kit is being developed for use
by our regional and district offices as well as local
and regional Canadian Forces bases to increase
awareness of each department's policies and services.
Both Veterans Affairs Canada and the Department of
National Defence are actively involved in solving
documentation issues on a case-by-case basis. Veterans
Affairs Canada can be more responsive to client needs,
as procedures are in place to adjudicate quickly on
pension eligibility following serious injury or death
arising from Canadian Forces service. The Department
of National Defence identifies cases and provides
Veterans Affairs Canada the information necessary to
adjudicate.
Our departments have put in place a high-level
exchange program, General Boutet being an example, to
promote awareness of each department's programs and to
make recommendations on how to improve services.
With all the positive work that is being done, I would
like to acknowledge that there are still issues that
need to be addressed. One such issue concerns
peacekeepers and their eligibility for benefits and
services. You have already heard from our minister on
this issue and from General Baril, who spoke of the
legal definitions of the terms “veteran” and
“special duty area” and of how the existing
legislation does not include Canadian Forces personnel.
I would like the committee to know the department is
sensitive to this issue, and we will continue to look
into this area.
[Translation]
Before concluding, I would like to briefly describe some other
initiatives that we are involved in with Department of National
Defence. One successful initiative is the Health Care Co-ordination
Initiative which has Veterans Affairs Canada, Department of
National Defence and other federal departments co-ordinating
efforts in the cost effective provision of health care benefits and
services.
The collaborative approach has already improved, and is
expected to continue to improve the collective purchasing power of
departments and agencies which provide health services.
[English]
Our department has a great deal of experience in
managing a successful treatment benefits program for
our clients, and we have made an offer to the
Department of National Defence to administer their drug
program and other health benefits. We anticipate this
could result in better, streamlined service delivery
processes for health benefits for Canadian Forces
members. A meeting is scheduled to take place later
this month to further discuss and explore options in
this regard.
In the area of commemoration, our two departments
enjoy a long and excellent working relationship, and we
are in the process of formalizing a partnership in this
area.
What now are our next steps? We will continue to
strengthen the relationship between the two
departments, building upon the work already done as we
strive towards the resolution of outstanding issues and
improved processes. The joint study looking into gaps
in benefits and services in transition to civilian life
will proceed so that clients may receive benefits they
need within the criteria of our current programs.
Our departments will promote the coordinated case
management approach through ongoing exchange of
information. Ongoing efforts will be made to raise
awareness of Canadian Forces needs throughout Veterans
Affairs Canada and to train and educate Veterans
Affairs Canada and Department of National Defence staff
on these needs.
In addition, we will be participating in phases two and
three of the McLellan report. Issues that were raised
during the review will need to be validated. For this
reason, the report should not be considered a final
report, but rather a preliminary one designed to
provide the means for further review and refinement.
• 1550
Veterans Affairs Canada is committed to validate these
issues and suggest ways to resolve them. It is
expected this process will be completed by August 1998.
The department, in cooperation with the Department of
National Defence, will develop an action plan on how to
implement the final recommendations and will work
toward having a finalized version by November 1998.
Mr. Chairman and members of the committee, this
concludes my formal remarks. I look forward to any
comments you may have with respect to the ongoing work
between Veterans Affairs Canada and the Department of
National Defence. Thank you once again for this
opportunity to appear before you to update you on the
activities under way between our two departments.
The Chairman: Thank you very much, Mr. Wallace.
We'll go right away with Mr. Chambers, and then we can
go to question period after.
Mr. Brian Chambers (Chairman, Veterans Review and
Appeal Board): Good afternoon,
[Translation]
Mr. Chairman and committee members.
[English]
I'm delighted to be with you today to outline the role
of the Veterans Review and Appeal Board in serving the
members of the Canadian Forces of Canada.
[Translation]
Before I begin, allow me to introduce Ms. Leslie MacLean, the
Board's executive director.
[English]
As you may know, the role of the tribunal I am pleased
to lead as chair is outlined clearly by statute, namely
the Veterans Review and Appeal Board Act. Our mandate
is full and exclusive jurisdiction to hear, determine,
and deal with all applications for review and all
appeals that may be made to the board under the Pension
Act, the War Veterans Allowance Act, and several other
acts that are assigned to us, such as the RCMP
Superannuation Act. All matters related to those
applications and appeals are authorized under the
Veterans Review and Appeal Board Act.
Currently we're comprised of 29 members of the board
and we have a staff of 75 working to serve veterans and
former service people, including members of the regular
force from across Canada. We are proud to report that
we have succeeded in meeting the challenge of
considerably reducing both backlogs and processing
times for review and appeal hearings. The review
hearings, for those who are new to the committee, would
be our first level of appeal. They're conducted
at about 48 different geographical locations throughout
Canada. The final level of appeal is coordinated
through Charlottetown and the hearings are convened in
Charlottetown.
When the board was formed in September 1995 the
average time for all steps in a favourable hearing,
from the application to the final sending out of a
cheque, was 12 months at the first level, or what we
call the review level, and 8 to 10 months at the appeal
level. So when we took over those were the two
timelines we were looking at. By the end of the
two-year target—that is, in September 1997—with the
help and collaboration of all the contributors in the
process, we had reduced those times at the first level
from 12 months down to 3.6 months, and at the appeal
level from 8 to 10 months down to 3.5 months. We're
very proud of those achievements. As you can well
respect, that's a considerable savings in terms of
time, and certainly we don't have to trade on the
patience of our clients any further.
Although we are delighted with this progress in
significantly improving service to our clients, we
remain committed to exploring opportunities to enhance
our service quality. By that we mean that we have
enacted a very rigorous system of internal quality
service agreements with our staff and with our
participants to ensure that we meet very rigorous time
restraints at each stage of the appeal process.
In relation more specifically to the hearings of your
committee today, I would note that the board's role lies
in adjudicating under the current Pension Act, which
defines the grounds for awarding a pension entitlement.
Thus, members of the regular force will be covered
under the provisions of what is known as subsection
21(2) for their peacetime service, where the test for
awarding pension is determining how service has
caused or aggravated the disability. In that sense,
it's comparable to workers' compensation legislation.
• 1555
The members who provide service in a special duty area
are covered by a much more expanded test, known in our
system as the insurance clause, which means it only has
to be attributable or relate to that period of service.
In other words, it only has to occur during that
timeframe.
There doesn't doesn't have to be a cause-and-effect
relationship demonstrated for special duty area
service. For special duty area service, as you know,
those periods of service are outlined by regulation
that is passed from time to time, depending on new
areas of service the Canadian Forces enter into.
This means that any disability occurring during
special duty area service is eligible for pension
award, and eligible immediately.
Our board's mandate in serving regular force clients
is quite clear and defined by legislation: to hear and
decide in those instances in which the client is not
satisfied with the decision from the departmental
level. Of course we have also been pleased to
participate in some of the initiatives led by the
Department of Veterans Affairs earlier described by my
colleague Mr. Wallace. We'll continue, as appropriate,
to participate in those particular initiatives.
This concludes my brief remarks. I would welcome your
comments or questions with regard to the board's
mandate and method of operation. Thank you.
The Chairman: Thank you very much.
[Translation]
We will now go on to questions.
Ms. Venne.
Ms. Pierrette Venne (Saint-Bruno—Saint-Hubert, BQ): First of
all, I would like to ask you how many applications for disability
benefits are rejected by Veterans Affairs Canada and then upheld by
you. Does this happen frequently? In the majority of cases? I'm not
asking you for specific figures, but could you give me a
percentage?
[English]
Mr. Dennis Wallace: It would depend. In excess of
half of the claims submitted normally at first level
are approved for a pension. That may not mean, though,
that the applicant is satisfied with the award that is
provided. Therefore that applicant may choose to
appeal for a higher level. My point is that it is a
question with several elements to it. I think it is
fair to say that in excess of half of the pensions
considered are in fact approved at first level. But
they in fact may be appealed subsequently because the
applicant, as I mentioned, seeks a higher award.
[Translation]
Ms. Pierrette Venne: So, that's more than half of the cases.
Is that right?
Mr. Brian Chambers: Pardon me, Madam...
Ms. Pierrette Venne: So you are saying that in more than half
of the cases that come to you, the review leads to the decision
being overturned and a pension is provided.
Mr. Dennis Wallace: I'm talking about the first level. I'm
responsible for the first level, but there are others.
[English]
Perhaps, Mr. Butler, just to be sure that I am
accurate on that point....
Mr. Bernard Butler (Acting Director General of
Benefits, Veterans Affairs Canada): Certainly.
Under the Pension Act there are two issues we deal
with when an applicant makes a claim for pension. The
first is an application relating to the issue of
eligibility. In other words, is the claim condition
service-connected? Under the act, degrees of service
connection can be found. In other words, if it's
wholly related to service, for instance, the claimed
disability would be pensioned fully. Under the
legislation, five-fifths is the way it's broken down.
If it were a pre-enlistment condition, but aggravated
as a function of military service, then a partial
entitlement award might be made. In other words, a
portion of the disability might be considered
service-connected and pensionable. As an example,
perhaps one-fifth or two-fifths or three-fifths or
four-fifths of the disability might be considered
service-connected.
Once that eligibility issue is addressed,
we then have to determine the degree or extent of
disability and fix an assessment for the condition.
Pension is paid according to that assessment.
All of this brings us to the point that you could have
an applicant receiving a partially favourable award at
the first level with an assessment of say 10%, and we
would consider that a favourable adjudication. However,
the client may not be happy with that adjudication.
• 1600
The client may then wish to go to the
Veterans Review and Appeal Board and seek an increase
in either the degree of entitlement or in the
assessment of the disability. That's why the notion of
a favourable award is a very complex one in the
process.
[Translation]
Ms. Pierrette Venne: Yes, of course.
[English]
Mr. Brian Chambers: There are two other factors,
if I could mention them briefly, in terms of cases that
appear before the board.
Oftentimes when someone makes a first application,
they may have four conditions. Let's say the person
has a shoulder problem, a knee problem, a stomach
problem and whatever. He or she may get a favourable
ruling on one of those conditions at first level. That
would count as a favourable decision. But obviously he
or she didn't get a favourable decision on the other
three conditions and would continue to pursue those
with us. So you can see how those figures would vary.
They're favourable at one level but that's still not
going to stop the appeal process from moving ahead.
Another point that I think is important to remember in
terms of the distinction is that we're not an appeal
like a court system where you're confined to the facts
as you heard them at the first level and you only
appeal on the issue of a law, for example, or of
interpretation.
At our levels, you can have a completely new hearing,
including completely new evidence. We may hear
evidence—and in fact, we very often do—that they
never heard at the first level because their decision
pointed out some deficiency or some medical shortcoming
or whatever. That's brought in before us and then we
can address it. Very often the fact there's a variance
is not an indication that the department hasn't done a
very systematic job with what it's had at that level.
[Translation]
Ms. Pierrette Venne: I would also like to talk to you about
military staff who have been injured in a special duty area, during
a peacekeeping operation overseas, for example. These people will
receive more benefits from the Department of Veterans Affairs than
people who are injured in Canada or overseas in an area that has
not been declared a special duty area. This issue was raised on a
number of occasions, and veterans are not very pleased with the
distinction that is made and they are asking for both cases to be
dealt with in the same way. What do you think? Do you think that
the pension benefits should be the same, no matter where the person
was injured? Do you agree with that?
[English]
Mr. Dennis Wallace: That is one of the areas
of consideration where we will be working in the next
phases with the Department of National Defence in the
follow-up to the McLellan report that I mentioned.
Ultimately it would be a decision for the government,
but we do recognize that those who serve in special
duty areas do receive somewhat more consideration, not
so much for pension but for other benefits stemming
from the pensionable condition. And for those serving
in Canada that is a consideration which has been raised
by the Department of National Defence and which we will
be pursuing over the course of the next few months.
[Translation]
Ms. Pierrette Venne: Should I conclude that you would be in
favour of both cases being treated the same way?
[English]
Mr. Dennis Wallace: I am not able to say what the
outcome of our work will be, but we will be taking that
into consideration. It is an area of concern.
[Translation]
Ms. Pierrette Venne: You don't want to reveal anything for the
time being, unless I'm mistaken.
Mr. Dennis Wallace: That's not possible for the time being.
Ms. Pierrette Venne: I have another question about the
assistance that your Board offers, particularly about the length
and complexity of the process. Apparently, the slowness and
complexity becomes exasperating for members of the Forces and their
families. They told us that it's frustrating, because they have to
file applications when they are sick, and they aren't used to
dealing with a Board. These people really are at a loss when they
have to deal with all these problems.
What could be done to improve the situation? For example, how
could we reduce the amount of paperwork in some cases? Is that
possible?
• 1605
[English]
Mr. Dennis Wallace: Perhaps Mr. Chambers and I
could share this response, and Bernard may have some
comment as well.
In fact during my comments I made reference to our
work with the Department of National Defence. That's
why, for example, at some of the military bases we
hope to expand that. We would have Department of
Veterans Affairs personnel there at least one day or
more per week. The advice we're able to provide on the
base often speeds up the pension process.
Another item that I mentioned is that we have briefed
the medical personnel of National Defence. This was in
the summer of 1997. It was to help them in the
completion of their medical records, which would also
help us in doing the assessments for pension purposes.
Additionally, we have looked toward, in some
cases—the Gulf War would be one example—an
accelerated process where if the problems are acute, we
will move more quickly, but certainly, our efforts are
very much focused on the area of improving service and
the provision of records. The accuracy of the medical
assessments and the quality of the counselling on first
contact are factors, I think, that are very important.
I'll ask Mr. Butler if there's anything he might add.
Mr. Bernard Butler: I think we certainly take
much from the McLellan report and the
observations therein regarding a proactive approach to
assisting particularly CF members.
Under the Pension Act, the Department of
Veterans Affairs does provide pension officers in each
of our district offices whose statutory mandate is in
fact to counsel and assist these very clients in the
completion of their claims and in obtaining medical
information and whatever other information is required
and then submitting that for adjudication. We
certainly see that there's room evidently for some
improvement given the observations that have been made
by some of our members along the lines of us reaching
out perhaps a bit more and helping those individuals.
The other side is one that was touched on by Mr.
Wallace. That's the issue of communication with DND.
Certainly there are many improvements that we're
working on with respect to the issue of the acquisition
of medical service records, the timely obtaining of
information from physicians, and so on, to help
complete the application package and have it submitted
for adjudication. So we're certainly mindful of the
concerns and we're certainly working hard on that to
improve it for this particular client group.
[Translation]
Ms. Pierrette Venne: Thank you, Mr. Chairman.
The Chairman: Thank you very much.
Mr. Proud.
[English]
Mr. George Proud (Hillsborough, Lib.): Thank you
very much, Mr. Chairman.
Welcome, gentlemen, to our committee this afternoon.
I haven't really got very much to add to the questions
that Madame Venne put to you.
All I want to say is that although I haven't been
across to all the bases with the committee, I know that
the problems I get in my office—I know other members
have had presentations made to them from serving
members and those who are retired and those who were
hurt—are about the process of getting from one to the
other.
In your presentation, Mr. Wallace, you said the
service was a great support to the Canadian Forces
personnel during the transition period. You also say
that you expect that the presence of Veterans Affairs
Canada will be increasingly apparent at military bases.
I think that's the area that—this is aside from the
problem with the special-duty area and the men or women
who served in Canada and got hurt doing work in the ice
storm or on the Red River, whatever the case may
be—you're going to have to be dealing with, as you
say, as you go down the road.
So today, we may go on to other things. There may be
other questions to you from other members relating to
other veterans. But I believe in this care for the
injured and this process the committee's going through
now I know there were problems. They heard cases in
Halifax that were some pretty good horror stories.
• 1610
I'm sure if you people get hold of these things, then
they can be remedied.
I think the big thing is you have the man with you,
the liaison between the Department of National Defence
and the Department of Veterans Affairs, which is a step
in the direction these people would like to see, and I
am sure this will be resolved. There are always going
to be problems—I mean, we know that's not going to be
100% pure, but I do believe it is improving.
I know you people are working hard at it, and the
Department of National Defence is working hard at it.
But those are the stories—and I'm sure others around
this table can tell you a lot more about it—those are
the things you'll be the most active in, I'm sure, for
the next number of weeks and months, to try to resolve
some of these problems. One of the big issues is going
to be coming from the military themselves, and that's
the difference between the special duty area and
the.... Thank you.
The Chairman: Thank you very much, Mr. Proud.
We still have a couple of minutes left. If you will
permit me, while you were speaking I jotted down a lot
of the complaints we have heard across Canada. I
would like you perhaps to expand on some of the things
I will be mentioning to you, if it's possible.
These are things we heard across Canada.
Number one: lost medical files. That came up on
numerous occasions. We were in Halifax and it came out
there, as well as in Gagetown. It seems to be
something that's pretty widespread, from the testimony
that we've heard.
The other thing: DVA does not take into consideration
the medical information from DND doctors. Apparently
people have to go and see the DVA doctors. We've also
heard that, on numerous occasions. And who are the
doctors for DVA? Are they civilians? Perhaps you
could just mention to me who these people are.
Third, in your presentation, Mr. Wallace, you
mentioned, “I expect that the presence of Veterans
Affairs Canada will be increasingly apparent on all
military bases”. I would like to know
from you what this committee can do to make this
happen, because I think this is extremely important.
Last, you said that you were formalizing a partnership
in this area, I believe, with DND and your department.
Mr. Dennis Wallace: That's correct.
The Chairman: Could you just tell me what that
partnership implies?
Mr. Dennis Wallace: Okay. As to lost medical
files, I don't know that I can speak for the Department
of National Defence. Would you perhaps have any
observations, General Boutet?
Brigadier-General Pierre Boutet (Judge Advocate
General, Department of National Defence): I don't
have all the information. I did
discuss this issue with Mr. Wallace this morning, and I
do know that it is a problem internal to DND. I am not
familiar enough with VAC to know if files have been
lost in VAC, and I can't comment on that.
The information that I hear and that I've read
has little to do with VAC, but rather involves requests
from VAC to DND to provide medical documents. They
don't get them because they've been lost, whether it's
in transit between Bosnia and Canada or wherever when
people are moved, especially from base to base across
the country.
I haven't discussed that with DND, so I cannot tell
you who's responsible or what's in place. It's
certainly an item on my agenda, because I've had
requests from people at Veterans Affairs asking me to
try to facilitate the access to these documents, as
there seems to be a problem somewhere with documents
getting to VAC.
As you know, it's the very first step in the process.
Once they receive the application, they need the
medical document to do the assessment, and if the
documents don't arrive, then there's a problem. So
that's on my list as well—to see what it is we can do
to improve that system. I cannot comment as to the
number of cases of files that have been lost. I don't
know. I know it has been identified as a problem.
Mr. Dennis Wallace: As to Veterans Affairs doctors,
we do have doctors across Canada, and they are a
combination of employees of the department and some
working on contract.
We took steps this past year to, where possible,
regularize, in other words make permanent employees or
employees of the government, doctors who provide
services to us, particularly in Ontario and some of the
regions in the west.
• 1615
They are there for
the purposes of providing us an assessment. It may be
a case of reviewing a file where a doctor in the
Department of National Defence has reached an
assessment at some time. However, time may have passed.
The purposes of our assessment may be somewhat
different from the treatment of trauma, for example, that
a departmental doctor in National Defence might have
been faced with.
Bernard may be able to provide a bit
more from experience.
Mr. Bernard Butler: With respect to that issue, DVA
does take into consideration the information
provided by DND doctors. It's very difficult to speak
to any specific case, obviously. I can speak generally,
however.
Given that our mandate is to deal with
specific disability claims, we look for basic
information from the medical service record that would
accompany the member. If the individual is claiming
for a condition that is clearly diagnosed and
documented on the man's DND or Canadian Forces medical
file, that diagnosis would be accepted for purposes of
adjudication. If it's an issue of assessing
the degree or extent of disability, again, if it's a
still-serving or recently released member, and if there
were sufficient medical information contained on the
file with respect to that specific disability, we would
in the normal course accept that and consider it.
A difficulty certainly can arise in any given case
where there is not either sufficient diagnostic
information on a given file or not sufficient
information to enable our doctors or physicians to set
an assessment for the condition. In this case we would
then normally go either through our senior district
medical officers in the field or through the
individual's private physician, if he or she has been
recently released, to try to get a bit more medical
information to help clarify the picture.
There certainly is nothing within our policies or
otherwise that would preclude the use of medical
information contained on the member's Canadian Forces
file, not at all. In fact the rule of thumb we
work with is to endeavour to process the claim as
quickly as we can, based on the information that is
available. Again, the only time we would depart
from that is if there were some question around the
information that is given or if it is simply
insufficient in the circumstances to assist us.
So that, as a general rule, is how we approach the
adjudication of claims from still-serving or recently
released members.
Mr. Brian Chambers: If I might, Bernard and I at
one stage of our careers used to represent these
particular individuals. One of the problem areas you
face with peacetime soldiers is there's a significant
reluctance to report injuries while still in service.
The reason for this is because they feel either it's going to
lead to a declassification or it's going to be
problematic in terms of promotion. In some cases it
may be a basis upon which they'll be released from the
service. One of the problems the two systems have
is they're trying to be a good soldier on the one hand
and yet they may have experienced physical
injuries. I'm not limiting it to physical injuries, but
that's the more obvious case of injuries during service they
don't want to talk about.
One of the suggestions I might put forward, which might
be helpful, is that if you had a clearinghouse for this type
of information, which is kept away from the DND file
itself but could be used for future pension
adjudication, it would be very helpful to us.
In other words, they can
report it to this separate clearinghouse but they
define that it will not go on their DND file, their
Canadian Forces file. They verify that they've had
an injury or a complaint about a problem, and therefore
in the future, perhaps ten years later, when they're released
from service, we can then access that particular
information, which is very helpful to us in adjudicating
on whether or not the injury occurred at that time and
what the extent of it seemed to be at that time.
As long as the reporting system exists as it does now—and
I'm sure General Boutet will point this out—they're not
going to report it to CF because they're going to see
that as a limitation careerwise. If you can steer it
that way to an independent hermetically
sealed clearinghouse then that may help to resolve
the dilemma the individual soldier faces on a
regular basis.
• 1620
Mr. Dennis Wallace: If I might, Mr. Chairman, as
to our presence on military bases, this is a relatively
newer phenomenon that comes from our recognition of the
fact that a large percentage of our clients, as I'd
indicated, now are in fact still-serving members. More
often than not our ability to be on a base is a
function of the relationship we have with the base
commander, and in many cases that works out very well.
Good examples would be Valcartier in Quebec and
Petawawa in Ontario.
I've asked my directors general across Canada to work
towards establishing strong relationships with base
commanders, whether it is in Halifax, in Wainwright,
or in British Columbia in fact. I think it's a
building of understanding between National Defence and
Veterans Affairs at all levels. This is where perhaps
a committee to make more aware.... If
Veterans Affairs is able to be present on a base with
some office space and some cooperation, both sides,
from National Defence and from Veterans Affairs,
we would be able to provide
better service.
One other point I might add is I think we also
recognize that with Canada's increasing participation
in police actions, in peacekeeping activities around the
world, it's very important that we brief the armed
forces who are about to go abroad. So in working with
National Defence around the planning of those groups
going across and going overseas, there is the idea of providing
peace of mind to those forces. So in their
accepting, as General Dallaire has put it, the
concept of unlimited liability we can give them
the peace of mind of knowing that Veterans Affairs is
there to provide service and help in the
event there should be an injury or other problem.
So as to presence on military bases, I think the
majority of it is understanding. It is a bit of
a resource issue for us by virtue of the fact that
this individual is outside of our offices at a military
base, but we're working hard to manage that.
The last item you'd raised was formalizing
partnerships. We worked together in an improvement
committee over the last year with National Defence, and
we intend to continue that. As recently as two weeks
ago I met with General Romeo Dallaire to discuss the
details of the follow-on on the McLellan report, and
we will have a team re-formed between us. Veterans
Affairs expects to name a senior officer to work at
National Defence in their information cell very
shortly; and that individual on our behalf would be helping on
progressing what I describe to be the partnership. So
it will be follow-on to the McLellan report.
The Chairman: Mrs. Wayne.
Mrs. Elsie Wayne (Saint John, PC): Thank you very
much, Mr. Chairman.
I'd like to know if all the merchant
navy vets are eligible for all the services you're
referring to today in the same manner as the army,
navy, and air force vets.
Mr. Dennis Wallace: Merchant navy veterans are
eligible for the same benefits as would be veterans of
World War I, World War II, and Korea. We would consider
them to be veterans equal and therefore eligible.
Mrs. Elsie Wayne: They had given the minister a
list of 40 restrictions that are in place, which the
merchant navy feel do not make them equal, if you like,
with the other vets. Have you had an opportunity to
look at that and review those 40 restrictions?
Mr. Dennis Wallace: I believe, Mrs. Wayne, we have
that work under way, and as the minister mentioned during
his presentation to the standing committee on our
estimates, his intention is to respond.
Bernard would perhaps like to comment,
but the work is under way on those points.
Mrs. Elsie Wayne: In our veterans hospital back
in Saint John there was a move to take out the chef
who was in place, one little man, who cooked the meals
for our vets, and to fly in their meals from Ontario.
We worked on this, and in fact we had a disabled
vet who said he'd come in in a wheelchair and
cook the meals himself if he had to, because a lot of
people are allergic to MSG and other things. So we
were able to keep the chef. I'm not sure, I haven't
checked lately, but I know it was removed from other
hospitals.
• 1625
I know, from having been in our regional hospital
myself, where they entered into this agreement, that
the food that was flown in.... When they gave it to me
the day after my operation and the doctor came in to
see me, I said to him, “Would you like to have
this?”, and he said, “Elsie, throw it in the garbage.
That's not fit for you to eat.” I said, “No, it
isn't, but I'm thinking about the vets. Mother of God,
if it's not fit for me to eat, then it's not fit for
them to eat.”
So what I'd like to know is, why would we do that to
our veterans? Why can't we have a chef, for God's
sake, on site in every veterans' hospital to cook them
a potato and a piece of meat and an egg and make a
piece of toast for them? Have you looked at it?
Mr. Dennis Wallace: We look at that frequently,
because of course re-thermalized food now tends to be
used in institutions right across Canada—
Mrs. Elsie Wayne: That's right.
Mr. Dennis Wallace: —and on every airplane on
which we travel.
What we do is try our best to ensure.... If
re-thermalized food is prepared properly, it is
reasonably good food. In fact I think it's fair to say
that Ste. Anne's Hospital, for which the Department of
Veterans Affairs is responsible in Montreal, is expert
in dysphagic food—food for those who have difficulty
swallowing. That food is actually frozen and
re-thermalized in many instances, and it's well
appreciated. It's the way it's prepared and the
quality that goes with it.
But as to whether there's a difference between
re-thermalized and freshly prepared, that is a concern.
I don't know if Mr. Mogan would like to add further.
Darra is responsible for long-term care.
Mr. W.D. Mogan (Director General, Health Care,
Veterans Services, Veterans Affairs Canada): Yes, it
is certainly a concern.
As Mr. Wallace has said, there are several bodies of
opinion about re-thermalized food. It usually comes
from those people who don't have to eat it, saying,
“We're quite sensitive to that.” Tests have been
done to show that if presentation is well cared for
with re-thermalized food, the level of satisfaction with
it is considerably more than if it comes out in the way
you say it came out in the regional hospital in Saint
John.
There are other tests around that suggest that for
people who are suffering from some form of cognitive
impairment, the actual preparation of a meal close to
an individual makes an awful lot of difference in
their, as it were, rate of deterioration.
So because there's a body of opinion there that isn't
certain at this point, before we ask for any changes,
we've asked for an independent study to be done of
that, and we'll look forward to the results of that.
Having said that, progress on that might not be as
rapid as we would like, because it is an industry
standard to serve re-thermalized food. We want to be in
a good position, if we're recommending to the 76
contract facilities, one of which is in Saint John,
that we make changes. We want to make sure we have a
strong policy basis for doing that. But we're pretty
well aware of the nature of the problem.
Mrs. Elsie Wayne: My last question is for you, Mr.
Chairman.
The merchant navy has applied to appear as witnesses
on either May 28 or June 2. I would like to know, Mr.
Chairman, if this request is going to be honoured by
our committee, just to hear them.
The Chairman: I've talked to the person in charge.
We were thinking of having them—and I know there's a
bill coming down from....
Mrs. Elsie Wayne: The omnibus bill?
The Chairman: Yes, an omnibus bill. We were
thinking of having them come in then, because we are
pretty busy right now with Bill C-25 and with the
quality of life. I don't know if we'll be able to
bring them in in very short order, but I know the man
has come in and we're seriously looking at it.
Mrs. Elsie Wayne: Before the bill comes before the
House?
The Chairman: Yes.
Mrs. Elsie Wayne: Okay. Because if you'll recall,
the minister stated that the bill would probably come
before the House before we dissolved for the summer.
If that were the case, I guess from what we're hearing,
it would have to be May 28 or June 2 or near that time.
Mr. George Proud: There's a possibility it will be
introduced before the House adjourns for the summer.
Mrs. Elsie Wayne: Okay. Thank you very much, Mr.
Chairman.
The Chairman: Mr. Benoit.
Mr. Leon E. Benoit (Lakeland, Ref.): Thank you,
Mr. Chairman.
Good afternoon, gentlemen.
• 1630
My first question is in regard to an
issue that has been
brought to my attention several times, and that's the
the duplication of information that seems to
be required when a case is passed from DND to Veterans
Affairs, and also the number of lost files.
I would like to start by asking you—and this may be
more a question for DND—what kind of a system would be
in place that would allow so many files to become lost
in the process?
Mr. Dennis Wallace: I think, Mr.
Benoit, we're in the position where we can only speak about
Veterans Affairs. To the best of my knowledge, we do
not lose files. I guess the best thing I could do
would be to turn to Mr. Butler and ask him to speak on
that point.
Mr. Bernard Butler: Perhaps, Mr. Benoit, you
might clarify for me, are you referring to difficulty
accessing files through the Canadian Forces on release?
Mr. Leon Benoit: It's usually the files from DND
that somehow don't seem to be available to transfer to
Veterans Affairs. It requires that the person who is
looking for the help try to get their information.
Along with that, of course, is the requirement, in so
many cases, for a person to access the files under
access to information. Files just aren't made
readily available.
So my question to Veterans Affairs could be,
how often do you find, when someone comes to you
and his transfer is taking place, the files just
aren't available from DND?
Mr. Bernard Butler: I certainly couldn't give you
numbers at all, Mr. Benoit, because I really would not
have that information available to us. I think it's
fair to say we do have cases where we have some
challenges in getting sufficient information to enable
us to rule on the application in a timely manner.
However, that having been said, it is an issue about
which we have had a considerable number of discussions with
DND, and DND is, to the best of our knowledge, working
vigorously on that issue in terms of attempting to
address it. I know there have been different suggestions
placed before this committee over
time. One, as an example, was having CF-98s prepared
and filed with an information advisory cell, as an example
of one way of expediting the processing of
applications.
Obviously the machinery of the Canadian Forces, as
with any large government department, is complex, and
there are certainly many challenges evidently there.
But we are working closely with them in an effort to
try to address it and to resolve these kinds of issues
to enable us to manage the application more speedily.
Mr. Leon Benoit: Is the issue always the case of a
lost file, or is it sometimes a file that, quite
frankly, DND doesn't want to release to you?
Mr. Bernard Butler: I suspect it's probably
more a case where the file may not necessarily be
lost, but the documents that are relevant to the given
claim may not be with the file material that is
available. Perhaps that's the kind of situation
you've heard complaints about.
Mr. Leon Benoit: My understanding is that every
document that might apply is supposed to be in that file
with DND, and even if some of the information is pulled
from the file from time to time, there's supposed to be
a copy left in that file. Is that accurate?
Mr. Bernard Butler: Perhaps General Boutet can
help us from his military background.
BGen Pierre Boutet: Yes, your statement is
accurate. There should be no documents removed
permanently from the file. So if a document is taken
from the file, there should be a copy left there so the
file is complete at all times.
But the issue you raise has been raised by the chair,
and this is a problem that is in existence, because I
received from VAC a request about a month
ago, with a list of sort of outstanding cases going from
15 days to, I don't know, 250-some days, where they
have requested documents and have not received them.
In some cases, I know they have been told that it is
even faster if they wait until the year the member
is going to be released, because
they'll find them in the archives, rather than
get them.
• 1635
Why is it happening? I don't have the answers.
I know there's a problem, and we're looking into it.
Mr. Leon Benoit: I think you've brought up an
important point. In some cases, it's probably not that
the document isn't there, it's that, for some reason,
it takes such a long time for the department to make
them available.
BGen Pierre Boutet: You're quite right. I'm not
disputing your statement on that. I saw and was made
aware.... About three weeks, I was in Victoria. A
former base administration officer
told me that, for example, he had asked
for a copy—he's been released from the forces now—of
his medical file on his release. He was told—we're
talking here of a base administration officer—that he
had to go through access to information. They needed
to send all the documents back to Ottawa.
As you know, that policy has been changed. Obviously,
not everybody knows that the policy has been changed.
You don't force people to go through access to
information to get their medical documents.
Mr. Leon Benoit: Yet people still are forced
all the time to do so.
BGen Pierre Boutet: That's right. I'm not
disputing this.
I know it has been said in writing and the information
has been disseminated, but obviously, it hasn't
reached everyone in the system.
Mr. Leon Benoit: It must be frustrating for all
of you dealing with this to be held up like that
because I know it's frustrating for the people who so
often desperately need the help. I think we've all
heard from people who have been in that situation.
So what can be done to remedy this situation?
BGen Pierre Boutet: There's a follow-up that will
be done from the McLellan report. That's a
problem that has been raised with them too: delays in
getting applications, as such. We'll have to look at
improving that system certainly to get these documents.
I just don't see why we cannot have staff available to
give them the file and ask them to copy it and leave it
with the individual. This is so that those who are
leaving the forces can go away with their files. At
least they'll have the documents in their hands.
Why can't we do this? If it's a staff problem such
that we don't have enough people, I think we can solve
that on a case-by-case basis. I just don't understand
why.
Mr. Leon Benoit: So you're saying that it's
actually policy now that when someone leaves the
forces, they don't have to go through the Access to
Information Act. They should be able to have access to
their full files now.
BGen Pierre Boutet: I don't want to mislead you on
this. I know it's DND policy that you don't force
people to go through access to information to get
documents that they can get and should be able to
get otherwise.
I have seen a memorandum—I don't have it with
me—dealing with medical files that said that these
should be made available. But I don't want to mislead
you. If it's specific to medical documents, I'll
look for that.
Mr. Leon Benoit: You're saying that it might be
a policy or it might just be a directive
more or less.
BGen Pierre Boutet: I thought it was a policy on
access to information for members of the forces as to
personal documents. It's a policy from at least two
years ago, if I'm not mistaken. I didn't look into
this today, but I can look for that and then provide it
to you, Mr. Benoit, to see what I have on that.
Mr. Leon Benoit: I'd appreciate that. It
doesn't happen so often and it has to be remedied
somehow. It doesn't make sense for people who
either have medical problems or who have
left the forces voluntarily or otherwise not to have
access to their files.
BGen Pierre Boutet: That's why I say I totally
agree with you. I don't have a problem with this, but
I don't necessarily make these policies. My
recollection is that the policy is in place.
Mr. Leon Benoit: Okay, thank you.
The Chairman: Thank you, Mr. Benoit.
We now go to the five-minute rounds. Madam Venne.
[Translation]
Ms. Pierrette Venne: No. I had exactly the same question as
Mr. Benoit did. So I don't need to ask it again.
[English]
The Chairman: Mr. Pratt.
Mr. David Pratt (Nepean—Carleton, Lib.): Thank
you, Mr. Chair.
One of you gentlemen, I can't remember which one, said
that there is a need to build understanding between
Veterans Affairs and DND. I guess you also referenced
that particular bases are better than others as far as
the relationship goes.
I'm just wondering. I guess the question that strikes
me is why should there be a need to build
understanding? The people who are in the system right
now in terms of the soldiers, sailors, airmen, and
airwomen who are working for us within the armed
forces and are serving for us within the armed forces,
expect that to exist already. From my perspective at
least, they take as a given that there would be
cooperation.
So why do we have to build these relationships? Why
is it necessary? Why doesn't it exist already?
• 1640
Mr. Dennis Wallace: I don't know, Mr. Pratt, that
I have a good answer for you on that side. About two
years ago we met with representatives of the Department
of National Defence, including senior members—General
Dallaire is one good example—attending a meeting in
Charlottetown of pensioned officers from Bernard's
group, as well as representatives of veterans
organizations. Mr. Inrig and other
representatives of veterans organizations were
present.
Probably that was about the first time we actually had
presentations made by National Defence personnel on
medical discoveries with respect to post-traumatic
stress disorder and the like. Out of those workshops,
at the end of the first day, we met to talk with
General Dallaire about how we could improve service,
because that is the basis of what we provide to both
veterans and the Canadian Forces. From that came the
improvement team that has been in place for the last
two years.
With respect to military bases proper, I think it goes
back to my earlier comment. It's not that there's
unwillingness; it's that we haven't consciously gone
out. I think we each bear responsibility there—that
base commanders, directors general of Veterans Affairs
and district directors should know each other, should
have a good personal relationship, and should be
seeking opportunities for improving services to
Canadian Forces members in whatever form that would be.
It was through that kind of contact that, again, at
base Petawawa and at Valcartier, improvement has
been made. We are also moving now towards Halifax,
Calgary, Edmonton, Wainwright—all of the other bases.
Mr. David Pratt: Okay. On the issue of lost
medical files, in terms of DND coming back to that
issue, there appears to be, at least from my
perspective, a lack of accountability in the system.
If you can't tell us.... And I don't imagine that you can
tell us, for instance, what percentage of cases would
have had lost medical files; I presume that's
impossible to provide that sort of information. It
would seem to me that it would be valuable within the
system to be able to mark on a particular file, “file
delayed because of such and such”. If you have that
information, you can trace where the problems are
within the system, whether it's Edmonton or Valcartier
or Halifax or Bagotville. It provides a certain amount
of accountability within the system, and you can fix
the errors that way.
If you just say “Yes, we have a problem, and we're
trying to fix it”, that doesn't help. It doesn't get
to the root of the problem, it seems to me. So is that
something you could look at, under the
circumstances?
BGen Pierre Boutet: That's what I intend to do.
As I said, this is a problem that was new to me, when
it was brought to my attention that there have been
cases pending for more than six months and in some
cases almost a year before they even get the documents.
So I asked the question why. I still don't have the
answer, so I cannot give you an answer, because I am in
pursuit of answers to this. I want to discover if it
is the system or if it's the individual at that
location who sits on files. I don't know. But I do
know it's a problem that is in existence.
Mr. David Pratt: So at some point in the
not-too-distant future, then, we can expect to be able
to know what percentage of cases have had lost files?
BGen Pierre Boutet: I would think so. I'm
questioning that at this moment.
Mr. David Pratt: One of the other things
that we heard often, from speaking to people who have
had problems, is that there's a need for a single point
of contact in the system—that Canadian Forces members
have had to run from pillar to post trying to find the
right person to deal with. Often they and their
families are not in any emotional state to try to do
the legwork on some of these things.
What are you doing, from that standpoint, to try to
make the system as user-friendly as possible, from the
perspective of the person who is receiving the service?
Ultimately, they're the only ones who really matter in
this whole process.
BGen Pierre Boutet: This is part of the follow-up
work on the McLellan report. This is one of the
recommendations—that there be one point of contact,
and at that particular location there should be
representatives not only of DND and the Canadian Forces
but from VAC as well. It has to be a unified approach
on base.
Another of the recommendations is that both
organizations should be more proactive—not wait for
people to come to them and then wake up, but that
whenever you are informed that there's been an incident
somewhere and somebody may have been injured,
you go out and seek the information
and try to provide the information and have one stop
they can go to.
From there, that organization
goes and seeks the information, rather than have all
the people walking around. That's one of the
recommendations. I can't tell you how it will be
implemented, but this is part of phase two in the
follow-up to the McLellan report.
• 1645
Mr. David Pratt: I have one final question, Mr.
Chair.
We received some pretty emotional testimony last
Thursday from a number of Canadian Forces members. As
I recall, their names were Riordon, Innes, Saueracker,
and Hurley. Would you be in a
position, again in the not-too-distant future, to be
able to provide us with updates on what was happening
with those particular cases?
Mr. Dennis Wallace: We have our difficulty, from
the viewpoint of Veterans Affairs, in that each case is
treated as a personal and confidential relationship
between the individual and the department, and we
protect that confidentiality with great effort.
I think on a general basis there might be some
capacity between National Defence and Veterans Affairs
to speak about improvements made on generally some of
the more severe cases, but I don't know that we can be
specific, in light of confidentiality of individuals.
If I might, I would like to pick up on two or three
other comments you had made earlier.
In fact, as I was indicating in my remarks, we do work
on military bases now, briefing the administration
personnel as to what we'd like to have them keep on
file, what kind of information we would like to have
brought forward to us in the event there's a request
for a pension claim or information from the Department
of Veterans Affairs from National Defence.
I mentioned earlier, as well, that in fact we did
brief military surgeons about the kind of information
that also would be helpful.
I had the good luck
to spend a weekend at Camp Gagetown last
October with the 5 Brigade and 22
Regiment. One of the discoveries there is that a
member of the armed forces on field exercises might
incur an injury, and a doctor at that time would perform
an examination and make a record. The pace at which it
gets back into the central file in say Ottawa, as well
as into the base file where the individual normally
serves, is probably an issue, and it's in that kind
of area that we're jointly looking at improvement.
One other item I'd mention is we've agreed to assign
one of our senior officers to work in National Defence
in an information cell, I think is the description. It
would be our hope that we can work on better ways of
getting information and receiving general calls as
well.
Mr. David Pratt: Mr. Chair, as a final comment,
in connection with those cases I mentioned, perhaps
what the committee could do would be to undertake to
get release slips on the confidentiality issue so that
we could get a report in camera on those
particular cases.
The Chairman: Thank you.
Mrs. Wayne.
Mrs. Elsie Wayne: I've been working
on a case in which a veteran of World War II lost all
of his records in a fire at home. He has his regiment
number and his social insurance number, and so on. He
was taken into the forces with the highest possible
ranking for his abilities, his health was perfect,
and so on. DVA has told him that he was discharged
with a very low ranking.
He has requested his files and was
sent letters and verbal confirmation of what was in the
files, but he has never been given a copy of his files.
I wonder if you could tell me why they would
not give him a copy of his files.
Mr. Bernard Butler: Perhaps I might speak to that.
Obviously I'm not familiar with the case to which you
refer. I must say, in the normal course, if an
individual asks for copies of the records he has, he
really should be entitled to them. Unless there's
something unique or peculiar about the case, I'm not
sure I can answer the question.
Mrs. Elsie Wayne: Before I leave, I'm going
to get you the name, and so on. I won't give it here
because it's private.
• 1650
This same gentlemen since then has had to have both knees
replaced. He was reviewed by two doctors who offered
to see any doctors the DVA would recommend so they
could talk to him, and he was denied a pension based on
his discharge ranking. That's what he was told.
So I will give that to you. I will ask you to look
into that. It is personal, but I will give it to you,
because we've tried everything for this gentlemen, and
still his files were denied him. I have major concerns
when that happens, when something falls through the
ranks. So I will give you his name and everything.
There's just one other thing. Before this last
election, 21 cases were given to the chairman of the
previous committee, if you'll recall, by the Merchant
Navy. Those 21 cases, as I said before, according to
what I hear from Muriel MacDonald, who is the secretary
for the Merchant Navy Coalition, were never dealt with.
I have great respect for you, Mr. Chairman. I would
ask if our secretary could perhaps get them for you so
they could be turned over for them to look at, okay?
Thank you.
The Chairman: Okay.
Are there any other questions?
Mr. Benoit.
Mr. Leon Benoit: Thank you again, Mr. Chairman.
I have some questions on the staff moving from DND to
Veterans Affairs. Does that happen very often? Are
there quite a few staff currently working at DVA who
came from DND—who either were members of the forces or
worked in the department somewhere?
Mr. Dennis Wallace: Perhaps I could respond for my
branch first, which is veterans services. It delivers
services to all of our clients across Canada.
We have many National Defence personnel, but by no
means equal to what would have been the case after the
war. We do have many former regular force members working
with us. I could not give you an exact number. I
could give you some very good examples, though. Most
recently, Dr. Ruth MacKenzie has joined us. She's
a National Defence medical establishment expert in
post-traumatic stress disorder.
The idea of exchanging staff, too, is also quite new,
Brigadier-General Boutet being an example. We do
intend to pursue that as well, and equally to have our
staff working with National Defence. But National
Defence is outside the hiring program for the
Government of Canada, as you may be aware. No longer
is the khaki parachute available, so recruitment is not
as it would have been in past years.
Mr. Leon Benoit: Did General Boutet leave?
Mr. Dennis Wallace: Yes, he did.
Mr. Leon Benoit: Okay. I had some questions for
him. He now works for Veterans Affairs. He's come
from the forces. He's there as a liaison?
Mr. Dennis Wallace: He's on secondment. We have
an agreement with the Department of National Defence.
General Boutet is assigned to work with us for three
years. We are going to use his skills in the course of
our work back and forth pursuing the McLellan report
findings and generally to work towards service
improvement between National Defence and Veterans
Affairs to Canadian Forces members.
Mr. Leon Benoit: So he is getting paid by DND
then.
Mr. Dennis Wallace: That is correct.
Mr. Leon Benoit: Okay. I can see that this
liaison position could be extremely useful; people who
have seen it from the forces side are now dealing with
people who are moving from there into a situation where
they need some help from Veterans Affairs.
But there's another side to this, and this is why I
was trying to get an idea of how many staff,
particularly senior military officers, have moved to
the department. Because the other thing that could
happen of course.... Probably most senior officers
have had a bit of conflict with lower-ranking
members in the forces. I'm just wondering what
protection is set up in DVA to prevent these conflicts
from carrying over to the job at Veterans Affairs.
• 1655
I think you'll
probably find that any senior officer has had
lower-ranking members where there's been a
struggle—probably a pretty serious struggle,
sometimes. I'm concerned that some of these people who
are still in the forces could be targeted if the
protection isn't in the system.
This is what I'm asking about—whether protection is
there, by their former officers. Is there some kind of
protection built into the system to ensure that can't
happen?
Mr. Dennis Wallace: In the case of our current
secondment, that is an agreement between the Department
of National Defence and the Department of Veterans
Affairs. We're very careful in the terms of the
agreement with respect to work to be carried out.
As to individuals working for us, we recruit them on
the basis of the skills they have, and their ranks vary
from having been privates to colonels. One of my
directors general was a corporal, and she has
ex-colonels working for her. I think we are quite
careful about being democratic and also applying the
rules of the civil service of the Government of Canada.
I don't think we have had a problem on that side.
Mr. Leon Benoit: There's nothing in place per
se to protect against that. You're saying that
because the hiring is done carefully....
Mr. Dennis Wallace: That is correct. We're very,
very careful.
Mr. Leon Benoit: If someone is applying to
Veterans Affairs for a pension of some kind, would they
necessarily know who's handling their cases right from
the start?
Mr. Dennis Wallace: They can. I would ask
Bernard, then, perhaps—
Mr. Leon Benoit: They wouldn't necessarily?
Mr. Dennis Wallace: Mr. Chambers might want to
comment. They would know the pension officer with whom
they would work in the district. They may find
themselves speaking to the adjudicator, potentially,
who's handling their case. It has occurred. If
they're represented at an appeal, they would certainly
know the Bureau of Pensions Advocates lawyer
working with them.
Perhaps I should stop there and
turn to Mr. Chambers and Mr. Butler.
Mr. Brian Chambers: From the point of view of a
tribunal, our appointees, as you know, are appointed by
the government of the day. We have a very good and
rigorous understanding as to the kinds of profiles of
people, and they're published in the Canada
Gazette—I guess we'd call it a job description as
to what's required.
We put quite a lot of emphasis on gender parity and on
assuring that we provide service in both official
languages so we have the right number of people. We
deploy members throughout the country, so we have to
have a balance between people who are prepared to serve
in western Canada as well as in the central and the
eastern parts of the country.
With respect to any kind of preference in terms of
members, what we tell the Prime Minister's Office on a
regular basis is that boards like ours work best where
there's a wide variance in terms of backgrounds,
culture, training, professionalism and so on, because
those different points of view are ones that make for a
good adjudicative mix. That's what we encourage, and
over the last two years the appointments to the board
have reflected those kinds of requests that we've made.
We've had some very excellent appointments made.
Mr. Leon Benoit: If a board member knew someone
whose case came before the panel, would they step down
from that particular panel?
Mr. Brian Chambers: We use the legal term—they're
asked to refuse themselves or to step down where they
would know someone and there would be either a
perception of actual bias or apprehension of bias in
any form. In fact we had a recent case where that
occurred, and all three members stepped down, and we've
now had to reschedule that hearing.
Those are exceptions. Generally we know by screening
in the system that a certain individual our members may
know may be coming through, so we simply try to do the
blind test. We try to make sure that if it was you and
there were two or three colleagues who might be serving
on the board who knew you in a former life, we'd
just exempt them from the beginning, and panel a board
that was highly unlikely to have ever known you in the
past.
• 1700
So yes, we take those steps to screen.
Mr. Leon Benoit: What about before that point,
though, when this case first comes in? That was my
original question. Is there some protection in place
there, in case there is a vendetta that is somehow
carried over from a relationship in a previous life in
the military?
Mr. Brian Chambers: From the board's perspective,
if we were to be aware of that, there are two
approaches. We do our own screening to make sure that
doesn't occur. It's part of a very extensive training
process where we tell the member, if there's any
apprehension at all that there may be a conflict....
The other point is, if after the hearing the person is
dissatisfied, one of the grounds on which they can ask
that the decision be reviewed is a breach of what we
call “principles of natural justice”, that they haven't
had a full and fair hearing because there was an
apprehension of bias, because the decision-maker
himself or herself could be perceived as having a bias.
Mr. Leon Benoit: Maybe I don't understand the
process, but cases don't immediately go to a panel.
Mr. Brian Chambers: No.
Mr. Leon Benoit: I was asking about before
they get to a panel.
Mr. Bernard Butler: Sure. To explain that
quickly, Mr. Benoit, you are quite right; when the
individual first makes application for a disability
pension, that application is adjudicated upon by the
Department of Veterans Affairs.
We have thirty-odd
adjudicators in Charlottetown. As part of their
training, they receive training not only on the medical
side of things, but equally on the administrative law
side of things.
Mr. Chambers was just referring to
the principles of natural justice. One of those
things is the issue of procedural fairness. Bias is an
element of that, and all adjudicators are trained to
identify where actual or perceived bias may appear.
If an adjudicator sees on their desk an application
from somebody they know, they are asked to flag that
and hand it back through their supervisor to somebody
else. So we encourage complete objectivity in that
adjudication process.
When the decision is rendered, we go to great lengths
to ensure the decision contains sufficient
information within the document itself to allow the
applicant to know what information was considered, what
evidence was factored in, what the reasons for that
adjudication are or were, and that adjudication is
signed by the adjudicator.
When the applicant receives
that decision, they can readily determine if it's
somebody they knew, and if they feel that there is a
problem, it's up front and they could at that point in
time either come back to us and express that concern or
take that decision and proceed on to the Veterans
Review and Appeal Board. So we do have safeguards
built into the process.
Mr. Leon Benoit: Does this happen from time to
time? Has it happened that a person who has been
adjudicated on has thought, in regard to the person who
handled the case, there might be a bias there?
Mr. Bernard Butler: Whether or not it has
happened, I can't say. What I can say is, to my
personal knowledge, it has certainly never happened
since I have been on the scene. I have not had an
objection raised in that regard at all. It may well be
due to the emphasis we place on these basis concepts of
procedural fairness in adjudication and the importance
we attach to giving a good, objective ruling in all
these cases.
Mr. Dennis Wallace: Mr. Benoit, I should make my
remarks more precise, as well.
In regard to your question earlier, more often than
not the first point of contact with an individual who
applies for a pension would be at a district office,
with a pension officer. It could be another employee
of the department.
That relationship is one of information-gathering, and
we hope the relationship is a very good one, because it
often helps in the process of eliciting information
that improves the case and otherwise better provides
information. In that sense, at the information-gathering,
it's not adjudicative; it's one of
establishing the basis upon which one can proceed. I
think a good, solid relationship is important,
businesslike but also friendly, and then it moves
forward to adjudication.
• 1705
Mr. Leon Benoit: And if there were some reason
that the person who's applying to Veterans Affairs
feels they're just having a hard time working with
that particular person, can they request that someone
else handle the case?
Mr. Dennis Wallace: Yes.
Mr. Leon Benoit: And their request will be
granted.
Mr. Dennis Wallace: I would expect reasonably, yes.
Mr. Leon Benoit: Thank you.
The Chairman: Thank you, Mr. Benoit.
There being no more questions, we'll finish with this
session. I just want to thank the witnesses for coming
in. Thank you very much.
The meeting is adjourned.