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Have reporters and / or elected representatives, who demonstrate both honesty and integrity, followed the same demise/route as the once Canadian $1.00 and $2.00 bills? Are such previously described ‘animals’ as common as hen’s teeth? Or is it otherwise a statement for their living too high off the hog? Regretfully, having ‘spoon fed’ the first thousand or so candidates (i.e., alleged media reporters, alleged political representatives, alleged ministers, etc.) with this information, I am forced to limit this continuing crisis notification, to those possibly remaining honest reporters, to the following (please contact me at your convenience in the event that you require further clarification, thank you):
The following provides a very brief history of the travesties in justice which only one veteran has had to sustain over the past 17 years, but is presented as a resonable example of what too many other veterans have had to sustain from successive Canadian governments. The critical and unanswered question remains: “If this is the manner in which successive Canadian governments (including the present one) have treated men and women who have placed their lives on the line for these same Canadian governments, to what extent are these same travesties in justice being forced on all Canadian citizens without their knowledege of these same unlawful transgressions?”
Please allow me to introduce a Canadian veteran who has unfortunately encountered far too many delayed obligations in attempting to maintain survival in this country.
This individual completed his army reserve basic training, graduating not much more than 2 and a half years prior to the late Rt. Hon. P.E. Trudeau invoking the War Measures Act. This same graduation occured some 23 years prior to successfully completing his army reserve officer training, which was followed by just less than 5 years of service in the Canadian Navy where he trained as a Combat Systems Engineer (CSE or 044A). The third and final sessions of this veteran’s military training included basic officer training at Chilliwack, B.C., second language training at St. Jean, Que. and a year in Esquimalt, followed by just less than 3 years service at the Canadian naval base in Halifax, NS.!
While training in Esquimalt, B.C., this veteran was billeted to the HMCS Qu’Appelle where he injured his spinal cord at three levels subsequent to a fall in the showers onboard that same warship. As this accident occurred while away from that warship’s homeport, this veteran was confined to his rack and provided with pain killers until returning to Esquimalt some 5 days later where he was rushed by ambulance to the base hospital in Esquimalt. Other than being supplied with additional pain killers and 3 or 4 brief sessions of physiotherapy, this veteran’s real injuries were not treated at that base hospital, nor at the base hospital in Halifax, where he was shipped to as part of his next phase of training some 2 months later. Upon release from the Canadian Navy in 1993, this veteran was assessed by a qualified medical general practioner (GP), in Lower Sackville, NS, who immediately identified a C5/C6 radiculopathy (upper spinal cord condition) which had resulted from the accidental fall onboard the HMCS Qu’Appelle. This same GP referred this veteran for assessment initially to a diagnostic service in Halifax (i.e., spinal cord MRI), an orthopedic surgeon, and an internal medicine specialist. All of these graduates and post-graduates in medicine agreed that the three levels of spinal cord injuries (i.e., C5/C6; T11/T12 & L2/L3) most likely were the result of this veteran’s accidental fall when serving onboard the HMCS Qu’Appelle.
Subsequently, in March 1996 this veteran applied for a disability pension with the Veterans Review and Appeal Board (note: initially this pension was applied for in 1994 but, after identifying at least one blatant example where the Veterans Review and Appeal Board [VRAB] deliberately misled authorities, the actual application through the Bureau of Pensioners’ Advocates in Halifax, NS, was delayed until March 1996). The VRAB ruled on three separate occasions against this veteran’s application for a disability pension within the first year of application (refer to Table A in this document). This veteran was subsequently forced to bring the VRAB into the Trial Division of the Federal Court (Fed. Ct.) which ruled that the matter be referred back to a differently-constituted panel of the VRAB board (Fed. Ct. case T-157-98).
The allegedly differently-constituted VRAB panel ruled twice more within the next year against this veteran’s claim and were brought again before the Trial Division which ruled that the matter be referred back to a differently-constituted panel, while awarding costs to this veteran (Fed. Ct. case T-2137-99). This next allegedly differently-constituted VRAB panel failed to provide a decision within the next year, forcing this veteran to file a motion with the Trial Division of “contempt of court”.
While the Trial Division would not award this motion by citing the VRAB in contempt, it did award costs to this veteran, even though none were requested, and supplied a step-by-step procedure to obtain justice in this case. With both no legal training, nor the necessary funds to engage the services of a legal professional to represent this veteran’s case, this veteran attempted to bring the VRAB before the Trial Division again, after being denied a disability pension with the VRAB’s next (and sixth) decision, this veteran consequently lost in this fourth decision of the Federal Court Trial Division, in spite of providing professional testimony from a neurosurgeon, an orthopedic surgeon and a general practitioner with more than 35 years of experience.
Note that none of these submissions by professional graduates of medicine were contradicted by testimonies from similar medical professionals on the part of the VRAB, yet the Trial Division of the Fed. Ct. ruled against this veteran’s claims. This veteran was encouraged to re-approach the Trial Division based upon a lady who won her case in the Appeal Division in Ontario after using this veteran’s first two cases (i.e., T-157-98 & T-2137-99) as precedents. To render such a re-approach at such a late stage in the events, this veteran was encouraged to concentrate on his lower back injuries …. thereby, allegedly attesting to settlement for the upper back injuries …. even though such a settlement had never occured to that date.
The Trial Division, not more than 4 years ago, ruled again in the veteran’s favor (Fed. Ct. case #T-401-05) and referred the matter back again to a differently-constituted panel of the VRAB board. That same board ruled on 4 more separate occasions against this veteran’s application for a disability pension, forcing the matter back to the Trial Division for ultimate resolution (Fed. Ct. case #T-617-09). The VRAB fully exhausted the total legislated number of decisions to which they were entitled in this veteran’s application, recognizing that an award of a disability pension to this veteran would mean financial ruin and subsequent political suicide for the government ‘in charge’ at the time of such a decision, given the tens of thousands of other veterans, their spouses and family members who remained deprived of such benefits.
The Hon. Mr. Justice Phelan (Fed. Ct. case #T-617-09) decided: “THIS COURT’S JUDGMENT is that the application for judicial review is granted and the Appeal Board’s decision is quashed.” Unfortunately, such a ruling did nothing more than refer the same matter back to the Respondent (e.g., Veterans’ Affairs), thus prolonging the history of this veteran’s claims and thereby moving them from the ridiculous to the sublime, as far as the actual service of justice to this veteran is concerned.
While Canadian governments over the past 80+ years have continued to disregard their legislated obligations to veterans of the CF and Mounted Police, how do you think these same governments are treating(?) the remainder of Canadian citizens?
On top of all of this, this veteran has had to represent himself in the Trial Division of the Fed. Ct. on no less than 6 separate occasions with all of these occassions applying to his claims with the VRAB [refer to case numbers: T-157-98, Bradley v. Canada (Attorney General), 1999 CanLII 7476 (F.C.) or http://www.canlii.org/en/ca/fct/doc/1999/1999canlii7476/1999canlii7476.html; T-2137-99, Bradley v. Canada (Attorney General), 2001 FCT 793 or http://www.canlii.org/en/ca/fct/doc/2001/2001fct793/2001fct793.html; T-2137-99, Bradley v. Canada (Attorney General), 2003 FCT 12 (CanLII) or http://www.canlii.org/en/ca/fct/doc/2003/2003fct12/2003fct12.html; T-67-03, Bradley v. Canada (Attorney General), 2004 FC 996 or http://www.canlii.org/en/ca/fct/doc/2004/2004fc996/2004fc996.html; T-401-05, Bradley v. Canada (Attorney General), 2005 FC 1470 or http://www.canlii.org/en/ca/fct/doc/2005/2005fc1470/2005fc1470.html; and T-617-09, Bradley v. Canada (Attorney General), 2011 FC 309 or http://www.canlii.org/en/ca/fct/doc/2011/2011fc309/2011fc309.html.
In all of these decisions except one (i.e., Fed. Ct. case #T-67-03), the Hon. Justices supported this applicant’s claims and rejected the VRAB’s decisions. As the greater burden of factual evidence from both graduates and post-graduates of the fields of medicine applicable to this veteran’s spinal cord injuries, supported his claims, along with the greater majority of the above-listed decisions, who but a politician who allegedly represents his electorate but didn’t see ‘adequate electoral returns’ in seriously supporting this applicant’s claims, would ignore these facts and not attempt to ensure this veteran receive something resembling the actual service of justice …. not to mention the adherence to legislated laws by a Fed. gov’t dept. (i.e., VRAB)?
The Bureau of Pensioners’ Advocates presented this veteran’s case to the VRAB on July 6, 2011 and the VRAB provided a decision applicable to this same latest presentation of this applicant’s case dated July 5, 2011. Such pre-emptive decisions and complete lack of fair and due process, has been the ‘ear mark’ of the VRAB’s alleged handling of this veteran’s claims over the past 17 years.
History has been written, how more often do we have to ignore these blatant travesties in the service of justice before learning lessons which apply to all Canadian citizens?
Yours truly,
Brian C. Bradley, Calgary, AB, Phone: (403) 455 – 9353
email: bcbradl5y@inbox.com
Table A: Applicant’s Claims History with VRAB
Date Description
13-Jul-90 Applicant was an active member in the Canadian Forces when the accident occurred onboard the HMCS Qu’Appelle
22-Mar-96(1) Applicant submitted Application for Disability Pensions including Declarations
1-Jan-99 Justice Blais: Reasons for Order (refer to Docket T-157-98)
18-Aug-99 Dr. Coady/VRAB letter dated August 18, 1999
13-Jul-01 Justice MacKay: ‘Reasons for Order’ (refer to Docket T-2137-99)
22-Mar-02 Dr. Killeen/VRAB letter dated March 22, 2000
6-Jan-02 Bradley / Federal Court of Canada Correspondence
9-Jan-03 Order from the Hon. Mr. Justice Martineau
28-Jul-04 Applicant submitted Application for Disability Pension including Declaration; Note: BOARD’s and the Minister’s latest decisions of this date and March 13, 2006, as well as their previously noted decisions on this matter, ignore the medical evidence before them as it has erroneously done in other cases (e.g., Rivard v. Canada, 2001; Schott v. Canada, 2001; and Smith v. Canada, 2001)
Jan. 06/06 MRI Spinal Cord Report
04 Feb. 06 Bradley/Federal Court of Canada letter
20 Feb. 06 Bradley/Federal Court of Canada letter
22 Feb. 06 Bradley/Federal Court of Canada letter
01 Mar. 06 Bradley/Federal Court of Canada letter
03 Mar. 06 Bradley/Federal Court of Canada letter
13 Mar. 06 BOARD finally decided to comply with the Hon. Mr. Justice O’Keefe’s Order of October 28, 2005
13 Mar. 06 Bradley/Federal Court of Canada / Appeals Division letter dated March 13, 2006
13 Mar. 06 Minister of Veterans Affairs decision
24-Jan-07 Prothonotary’s Order (Roger R. Lafrenière)
14-Jun-07 VRAB/Bradley letter excusing their next delay
29-Jun-07 Judge’s Direction (Michel MJ Shore)
5-Aug-08 VRAB denies applicant’s disability pension
15-Mar-11 Order from the Hon. Mr. Justice Phelan
5-Jul-11 VRAB denies applicant’s disability pension
6-Jul-11 Bureau of Pensioners’ Advocates presents applicant’s case to the VRAB
Note: VRAB’s blatant lack of both any and even all ideas of fair and due process, are exemplfied by their last decision (i.e., 5-Jul-11) dated a day before the Bureau of Pensioners’ Advocates were given the opportunity to present this veteran’s case to the VRAB (i.e., 6-Jul-11). Thus exemplifiying both the VRAB’s intent and spirit when deciding upon this applicant’s claims.
(1) After two years of denial by VA, despite investigations which revealed instances of their misleading both judicial and due process.
‘We are all one’, lest we forget how much we really pay
https://sites.google.com/site/bcbrad3evennow/how-much-do-we-really-pay;
http://sites.google.com/site/bcbrad3evennow/lethal-environmental-threats
“The only thing necessary for the triumph of evil, is for good men to do nothing.” Burke
http://sites.google.com/site/bcbrad3evennow/even-now
https://sites.google.com/site/obligatedveterans/
Yours truly,
Brian C. Bradley, Calgary, AB Phone: (403) 455 – 9353
email: bcbradl5y@inbox.com
Brian Bradley
#33 – 9520 Bonaventure Dr., S.E.
Calgary, AB T2J 0E5
Phone: (403) 455 – 9353
‘We are all one’, lest we forget how much we really pay
https://sites.google.com/site/bcbrad3evennow/how-much-do-we-really-pay;
http://sites.google.com/site/bcbrad3evennow/lethal-environmental-threats
“The only thing necessary for the triumph of evil, is for good men to do nothing.” Burke
http://sites.google.com/site/bcbrad3evennow/even-now
“Check the weather when you venture out’; check the faces when you venture in.” Chinese Proverb
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