The BC Court of Appeal has struck 乌鸦传媒渋n its entirety乌鸦传媒� a claim that sought to restore compensation for injured servicemen and women to pre-New Veterans Charter levels.

In rendering the decision 乌鸦传媒� which stemmed from court action launched by White Rock-based Equitas Society in 2012 乌鸦传媒� appeal-court judges emphasized it was not a determination on 乌鸦传媒渨hether the government is providing adequate compensation to members of the armed forces who are injured in the course of their duties.乌鸦传媒�

Noting 乌鸦传媒渃onsiderable sympathy乌鸦传媒� for the plaintiffs, the decision 乌鸦传媒� announced Monday morning 乌鸦传媒� is also 乌鸦传媒渘ot directed to the wisdom of legislation,乌鸦传媒� the judgment states.

乌鸦传媒淲e have tremendous respect and admiration for the plaintiffs. All right-thinking Canadians would agree that they should be provided with adequate disability benefits. If that is not occurring, it is a national embarrassment. Again, however, that is not the issue the court is deciding. Rather, the question before the court is whether an arguable case can be advanced that the Canadian Parliament lacks authority to enact legislation fixing and limiting compensation.乌鸦传媒�

Equitas Society brought a challenging the New Veterans Charter forward in 2012. Created in 2006, the charter replaced veterans乌鸦传媒� lifelong pensions with lump-sum settlements 乌鸦传媒� a change that resulted in a 40 per cent reduction in financial compensation, Mark Campbell, a retired major, told a news conference held at the Vancouver office of Miller Thomson Law Monday afternoon.

In this week乌鸦传媒檚 decision, appeal court judges concluded 乌鸦传媒淐anada has constitutional authority to enact and administer the compensation scheme.乌鸦传媒�

However, judges disagreed with arguments that the plaintiffs were 乌鸦传媒渁n analogous group for the purposes of this lawsuit,乌鸦传媒� and that Section 7 of the Charter of Rights and Freedoms serves generally 乌鸦传媒渢o impose positive obligations on governments.乌鸦传媒�

Equitas president Marc Burchell told Peace Arch News following the news conference that he was initially 乌鸦传媒渧ery surprised乌鸦传媒� by the decision, but now 乌鸦传媒淚 understand where they乌鸦传媒檙e coming from.乌鸦传媒�

乌鸦传媒淭hey made a decision based on what is existing law,乌鸦传媒� Burchell said. 乌鸦传媒淭he court really puts it back into the hands of parliamentarians (to) actually pass law.乌鸦传媒�

Don Sorocan, lead counsel for Equitas, said no decisions on next steps have been made 乌鸦传媒� including whether to seek leave to appeal to the Supreme Court of Canada.

Such an appeal 乌鸦传媒渋s not something that should be decided on a moment乌鸦传媒檚 notice,乌鸦传媒� he told the news conference.

However, the case does illustrate issues of national importance, he said. Those include a determination on whether the 乌鸦传媒渉onour of the Crown乌鸦传媒� should apply outside of any aboriginal context.

乌鸦传媒淐rown乌鸦传媒檚 lawyers argued there is no such thing as a social covenant,乌鸦传媒� Sorocan said. 乌鸦传媒淭he court of appeal has accepted that.乌鸦传媒�

The fight to reinstate the compensation was , whose son, Dan, was injured during his second tour of duty in Afghanistan, during a training session with claymore mines in February 2010. He lost his spleen, a kidney and suffered a collapsed lung.

According to court documents filed in 2012, the soldier received a lump-sum payment of $41,411.96.

Equitas held a in October to raise awareness of the issue, and Burchell said such steps will continue.

乌鸦传媒淥ur role as advocates and lobbyists simply escalates,乌鸦传媒� he told PAN.

乌鸦传媒淚t乌鸦传媒檚 far from over. It乌鸦传媒檚 actually the beginning of the next chapter.乌鸦传媒�