:
I call this meeting to order.
Welcome to meeting number 108 of the House of Commons Standing Committee on Veterans Affairs.
[Translation]
Pursuant to Standing Order 108(2) and the motions adopted by the committee on March 9 and December 5, 2023, the committee is resuming its study of the recognition of Persian Gulf veterans and the definition of wartime service.
Today's meeting is taking place in hybrid format, pursuant to the Standing Orders.
As you already know, all comments must be addressed through the chair.
[English]
Before we begin, I would like to welcome a few colleagues.
We have Mr. Scot Davidson, who is replacing . Welcome.
As you can see, we have a new clerk, Grant McLaughlin, for today's meeting. Thank you for helping us.
I would also like to welcome a group of students aged 13 to 18. They are with us today from Kanata Montessori. They are here to observe the work of the committee.
Welcome.
For the first hour, we have with us, as an individual, Mr. Sean Bruyea. He is a retired captain and air force intelligence officer. We have Mr. Christopher Banks, a retired sergeant. He used to be here in every meeting we had. By video conference, we also have Mr. Michael Blois. He's a lawyer and a veteran.
Before we start, I will tell you that you will have five minutes for your opening statements. However, I have a request on Zoom from Mr. Blake Richards.
Please, Mr. Richards, go ahead.
:
Mr. Chair, I have a point of order.
This morning, I understand you tabled the report on our recent study on the transition to civilian life. Our party had a dissenting report. I know that at least one other party had a supplemental report that they submitted with that report. I was not given an opportunity or informed or made aware in any way that the report would be tabled this morning. That is the usual practice. Usually, if there are dissenting reports, the vice-chairs or parties involved are informed.
Being unable to table that in the House when the report was tabled is, to my mind, a breach of my privilege as a member of the committee.
I would like to ask you, Chair, what happened? Why was I not informed? My understanding is that the other party was also not informed. Can you explain why that happened and indicate what you're going to do to correct it so that we can be given the opportunity we were supposed to be given to present our dissenting and supplemental reports?
:
I'd actually like to speak to both points of order.
First of all, on the one raised by Mr. Richards, I actually agree with him. If there's another dissenting report and they rise in the House and seek to present their dissenting reports, we should all do our best to secure the unanimous consent of each of our parties so that they are allowed to do so. I hope everyone can agree that we can write this by unanimous consent. You can do virtually anything by unanimous consent, and in my view, that shouldn't be very hard to obtain. I would do my part to ensure that nobody from our side says no.
The second one is the point of Mr. Desilets.
[Translation]
From my understanding, the minister was invited to appear. I want to present a motion to extend the study. I can't do that through a point of order, but I think we will probably need two additional meetings with witnesses and an hour with the minister. I will present it formally, if necessary, when the time comes.
Thank you, Mr. Chair.
Next week we will be working in our respective constituencies. If the committee members wish, we can see after our break week whether we can invite the and another witness to appear at the same time. I think the request was for them to appear for at least an hour.
Before we move on to the witness statements, I would like to go back to what Mr. Blake Richards and Mr. Sean Casey said.
Do the committee members consent to presenting the dissenting report at some point?
You are indicating that you do. Thank you.
We will take the necessary steps to remedy that.
[English]
Thank you, Mr. Richards.
Let's go to our witnesses now.
You're going to have five minutes each for your opening statements. After that, members of the committee will ask you questions. This is the first panel, and we are here for a total of one hour.
I would like to start the meeting with the retired captain, Mr. Bruyea.
Please go ahead.
:
I sincerely thank committee members for taking up this study, a study that arguably should have been initiated before we went to war in 1990, or even in 1947, when the last of one million Canadians who served during World War II ended their active service.
Why were the 600,000 Canadian Forces members who followed not granted the same entitlements as war veterans when the risks of our active service have been real and tragic?
I profoundly acknowledge Louise Richard, who began this fight for all of us post-war veterans. She co-founded the first Gulf War veterans organization, vigorously advocating and mentoring me while so many veterans suffered in silence.
I thank Harold Davis and Mike McGlennon for pushing for this study. I sincerely appreciate VAC officials who work diligently to provide the data that has, to my awareness, never been organized in the manner in which I submitted it to the committee.
Finally, I thank my son Wilfred, his classmates and the staff at Kanata Montessori for joining us in this remarkable opportunity, one month before Remembrance Day.
When a Canadian enters the military, we sign a contract to accept—unlike any other profession, including police and fire services—that we can be legally ordered into harm's way, potentially losing our lives.
Many have tragically fulfilled their end of the contract. I lost my great-grandfather in World War I and my grandfather in World War II. Others, like a number of veterans in this room, live a daily fulfillment of that contract, with debilitating and often excruciating psychological and physical sacrifices for our nation.
Government chose to change their end of the bargain while we still needed them to uphold the benefits in place at the time of our enlistment. In 2005, Parliament was pressured by war veteran organizations to pass legislation ending a 200-year commitment to lifelong pensions for disabled veterans, spouses and their children in favour of one-time lump sums that pay nothing for family members, yet these organizations enshrined protections to keep their lifelong disability pensions.
Let's be clear: There was no meaningful or widespread consultation in passing this law, and what little consultation was done was ignored in the final product. This is not recognition in any sense of the word; this was about saving money and what the architect of the program, Darragh Mogan, stated was a $1-billion wellness dividend.
In a sad trend, the 2019 pension for life changed the contract yet again, hidden in a budget omnibus bill that prevented committee studies. The Parliamentary Budget Officer studied these three disability regimes. For the cohort of veterans applying between 2019 and 2024, over their lifetime the government would save $18 billion when compared to these veterans being covered under the Pension Act.
Recognition of military service has two central components: commemoration and compensation. Missing either diminishes both. Recognition is the foundation of a debt owed by, and the gratitude of, a nation to those who serve in uniform. Recognition is the heart of valuing one's service to one's country. Entitlement in law is indispensable to recognition. Recognition requires reciprocal legal obligations. Certainly placing the Persian Gulf War on the cenotaph is a no-brainer.
However, officially labelling us as war veterans may not be accompanied by the entitlement some assume. Granting us World War II veteran benefits would be of little help now, except for the life insurance for the disabled and replacing pain and suffering compensation with a disability pension.
What futures would we have lived had we been granted updated World War II benefits like education, business start-up assistance, land, homebuilding, life insurance and low-cost mortgages, along with public awareness of our sacrifice?
How many suicides could have been prevented and how many families saved, and how many fruitful second careers would have blossomed? What is the personal and family cost of losing so much opportunity and productivity? How much money could government have earned in taxes from these dynamic futures, instead of fighting against paying billions in much-needed disability benefits? What compensation would be appropriate for our lost opportunities?
When we serve, we have the duty to give everything, including our lives. Government doesn't even have the duty to inform us of the benefits to which we're entitled, let alone a duty to care for us. I hope the committee takes up the issue of a duty to inform veterans and their families.
Our obligations to government are limitless; government's obligations to us are non-existent, or whimsical at best, and decorated with far too much well-meaning but ultimately empty rhetoric. An official apology would be a strong first step.
Initiating further original and comprehensive cross-sectional and longitudinal studies of veterans; applying the insurance principle to all military service, including the mandate to care for veterans' children in the Veterans Well-being Act; implementing a reverse onus on disability claims; and taking our rehabilitation out of the hands of for-profit contractors would be a good second step.
Belief in the cause of our sacrifice is central to our identity, rehabilitation and integration into society after military service. The world's morality and regimes may change; what cannot change is our belief that the government system and rights—for which we gave so much—truly, meaningfully and substantially value our sacrifice with more than words.
Thank you.
:
Thank you for welcoming me to testify once again.
For the record, my name is Christopher Banks, and I retired as a sergeant after 20 years in the Canadian army.
I joined in 2000. By 2003, I was deployed to Camp Maple Leaf in Bosnia, where I served as a peacekeeper. In 2008, I was deployed to FOB Wilson in Kandahar, where we engaged insurgents and dodged IEDs. I returned home with post-traumatic stress disorder. In 2019, I was medically released.
Since then, I have studied public policy and administration at the University of Guelph, as well as defence and security at Algonquin College. I am a stakeholder with National Defence and Veterans Affairs. I am a member of the Royal Canadian Military Institute's defence and security study committee and I write for the defence policy journal SITREP.
I joined in an era of transformation. I was able to witness our transformation from a Cold War military into a modern military. After 9/11, the military changed as it adapted to the change in warfare in Afghanistan and as it shook off the cobwebs of administering a fighting war. It continued a long process of change from a uni-capable military to a more capable and dynamic military.
The military changed not only as a result of combat operations but also socially, as did Canadian society. Social standards, training standards and even terminology changed considerably in this time. They say the only constant in life is change, and the military is no exception.
Since my return from Afghanistan, I have sought to help my fellow veterans as an advocate. I advocate in two ways.
The first is that I help veterans connect to the resources they need, whether by engaging directly with them or by speaking to veterans groups about my journey and the importance of self-care.
Second, I bring my experience and knowledge to the change-makers by engaging with legislators and policy-makers on behalf of all veterans and serving military personnel.
On the matter at hand, I want to be clear: I am not a Persian Gulf veteran. I was asked to testify because I am a combat veteran, or what is being described by some in these meetings as a “war service veteran”. I have followed the previous meetings on this subject and concluded that at the heart of what they are asking for is the same hurt and irritation that all of Canada's veterans feel. The erosion of benefits over time is no stranger to anyone who has donned a uniform, nor is the dragging of feet for projects that don't secure a re-election. This is the reality for Canada's veterans and our serving military. Those who have worn the uniform know all too well the feeling of being taken for granted.
Commemoration and recognition are important to all veterans, and we Afghan veterans have our own demands: the monument, which has become politicized; the Victoria Cross that was denied to Jess Larochelle; and the combat action badge that is teased every couple of years. Veterans of all demographics demand a reversal of the erosion of benefits and services; the follow-up study for the Partners in Canadian Veterans Rehabilitation Services, the PCVRS contract; ensuring that benefits are easy to access and in line with the ever-increasing cost of living; and hiring more case managers and adjudicators at Veterans Affairs to eliminate the devastating wait times.
I'm happy to answer any questions the committee may have.
Thank you.
Thank you to the committee for providing me with this opportunity to speak to you this morning.
My name is Mike Blois. I served in the Canadian Forces from 2000 until 2011.
I joined the army at the age of 17 and wanted to do nothing else with my life but serve and fight for my country. I served in the Royal Canadian Regiment. I'm immensely proud of the accomplishments my regiment and my fellow Royals completed during my time in the military.
I was wounded in Afghanistan on January 29, 2007. This ushered in the end of my military career, much to my displeasure. I was medically released in 2011. I then went to law school and have become a partner at Diamond and Diamond Lawyers LLP, where I'm fortunate to be able to use my experience to help injured people put their lives back together after being injured.
I'm also afforded the opportunity with my law firm and my partners to help other veterans, on a pro bono basis, with their appeals to Veterans Affairs or other legal matters. We also put them in touch with other legal experts if their needs are outside of our scope of practice.
As you're all aware, 20,000-plus Canadians fought in the war in Afghanistan, all of whom would refer to each other as combat veterans. As such, the designation from special duty area to wartime service, outside of any implications that may come from benefits—I think the first witness outlined quite well that probably very limited, if any, changes will come in the benefits—is nothing but a semantic change. It fails to address the real issues faced by Afghan veterans today. Again, I think the second witness did a great job of outlining what those are.
The of this country, prior to being elected as the Prime Minister, stated that no veteran should have to sue the government for benefits that they're entitled to, but that's had to happen many times since he has become Prime Minister.
In my capacity as a lawyer, I've represented a class of Afghanistan war veterans suing Veterans Affairs Canada and the government for failing to meet their own policies and time frames. The wait times that Afghanistan veterans suffer while waiting to get benefits is unacceptable, and nothing seems to change. In this lawsuit, we were successful in obtaining certification and are now in the appeals process.
Afghanistan veterans have fought the most recent war in our nation's history and, unfortunately, have to continue to fight for the benefits that we're entitled to from the government that sent us to that war.
I'm coming before you today to discuss changes that should have been done at the outset of a war and, as Sean stated at the beginning, probably should have happened as far back as the end of the 1940s. All the problems that have flown from there are nothing but fluff on the outside of the real issues that veterans and Afghanistan veterans are facing today.
Thank you.
First of all, thank you to each of you for your service to our country and for your testimony today.
I'll start with you, Mr. Blois.
There are a lot of issues that veterans deal with when it comes to the bureaucratic nightmare that's Veterans Affairs. The government often downplays those issues. It says it's trying really hard and that the issues are complicated. Even if we give some leeway and say that in fact some of these issues are complicated, there are still a lot of friction points that veterans deal with when dealing with Veterans Affairs. There are still a lot of delays. There are a lot of issues.
Aside from that, it seems like there's this inability for Veterans Affairs to be able to get just the simple things right—things like commemoration and things like recognition. All three of you mentioned these things a little in your opening statements. For you, as an Afghanistan veteran, there is this monument situation that just seems to never get resolved.
When Veterans Affairs gets these commemoration, recognition and respect pieces wrong—frankly, respect is the most important part—and when it misses them, how does that make you feel as a veteran?
:
I'm not trying to overstate it, but it is like a knife in the heart.
When you join, you join with the understanding that when you sign up, you could put your life on the line, and there is at least a belief and a tacit understanding that the government will be there for you for the same thing.
Commemoration should be the easiest thing we do. As Sean said, putting Afghanistan on cenotaphs is a no-brainer. Getting a monument for a war that is in our recent collective memory, for which the average veteran ranges from their late thirties to their early sixties, should be a no-brainer and it should be done.
When these things aren't done, it feels like somebody is at best ignorant of how you feel and at worst indifferent to what went on and what we did. The horrors of war and the impacts of war don't change from generation to generation. Watching somebody die in front of you or having to take a life doesn't change, and the impact of that doesn't change, so the commemoration shouldn't be any different, and it should be done easily. When it's not, it hurts twice as much.
:
You said that very eloquently. It's a disgrace, in my opinion, that we're in that situation.
On top of that, getting services, getting benefits and getting claims dealt with are challenges. That's the other aspect, as Mr. Bruyea said in his opening remarks. There are two sides to this, and it seems like we have a government getting them both wrong.
You mentioned in your opening remarks being involved in this class action lawsuit that's currently being dealt with. I wanted to ask you a couple of questions about that.
First of all, how does it make you feel when, as a veteran, you are now working with other veterans and you have to represent other veterans when the government is opposing you in court, rather than trying to find a way to help?
I know you tried all other avenues to raise these concerns outside of court before going there. How does it make you feel when you have to actually go to court because you can't get the assistance that veterans need without doing so?
:
It feels like the Shakespearean quote, “Once more unto the breach, dear friends”. That's the way it feels. It feels like we're going back to war and back into battle. Instead of fighting a foreign entity, we're fighting the government.
In a way, during those arguments in court, as sad as it is, I'm glad that no other veterans came to witness them. If they'd had to hear the arguments of the government, it would have been enraging for them, because the delay in benefits is a joke. It's astonishing that veterans have to wait 50 weeks or 60 weeks.
When the government sets a timetable for veterans and says, “This is the time frame. When you complete your application, in 16 weeks we'll give you a decision,” veterans are okay with that. They get that it takes time. However, when you set the goalposts, you should meet them or at least get close, and the government is not even doing that.
It's very disheartening. Really, the reason I became a lawyer.... I never wanted to be a lawyer in my whole life. I wanted to be in the infantry my whole life. I never wanted to be a lawyer. I became a lawyer because I wanted to do what I'm doing. This class action lawsuit was the motivating factor for me, because I knew the government wasn't going to change its tune and wasn't going to do anything, despite our trying our best to get them to.
We had to take them to court. They continue to fight us tooth and nail every step of the way.
:
Thank you for the question, Mr. Sarai. I think that's a bigger question than maybe I would originally have anticipated.
I'm very grateful that the students are here. One of the differences we've heard in some testimony between World War II and current operations is about the knowledge of the public around them. It provides a degree of social support that people can validate that service. They can understand the struggles that people are going through, because many families were dealing with veterans who were suffering at the time. We know from research that the lack of social support is one of the number one predictors that people will develop post-traumatic stress disorder. It has very real and tangible damage when we don't socially support our veterans.
I think research is also starting to show that when people develop PTSD, they fail to seek out social supports for obvious reasons—isolation, fear, anxiety, super-low self-esteem. It's a vicious circle that really needs to be interrupted at a national level, and not just once a year. It's an awareness that all Canadians need to have in order to understand what's being sacrificed on their behalf.
That's why I submitted to the committee the table that was developed in hand with Veterans Affairs. It's to show that the cost of war is more than just the official statistics of deceased in theatre or wounded in theatre; we're talking about casualties that develop years later. They are casualties of war that are not reported. I think the public needs to learn about that. I think getting the students involved at this level of democracy also helps them to participate and understand that we all have a right to speak our mind. We all have a right to bring our issues forward.
I would also say that one component, if you don't mind my adding one more thing, is that we put enormous efforts into bringing a Canadian citizen into the military and training them not just physically to do the tasks but also mentally. It is the most powerful, legally sanctioned indoctrination that's allowed in our nation, yet we expect that those veterans, when they finish their term of service.... Most of them finish before 20 years and have a second career ahead of them. They are severely handicapped because they have not been de-indoctrinated. We go to boot camp to indoctrinate them, and they've spent years in their careers thinking like the military. The civilian world doesn't work that way. To succeed in this in the civilian world, among the social supports we need is a comprehensive program to de-indoctrinate them.
Community leaders could join in this, and business leaders. We could have a boot camp for de-indoctrination to make them feel welcome. Maybe it could be run on weekends or maybe it could be run full time. It could be a system that allows these veterans to feel that they belong to the nation for which they sacrificed.
:
The Parliamentary Budget Officer—I do not know at whose behest—in 2019, when the pension for life was announced, decided to compare the regimes of benefits pre-2006, which was under the Pension Act; post-2006 to 2019, up to the pension for life, which was called the new veterans charter; and then the pension for life afterwards.
In those three cohorts, he looked at the veterans who were anticipated to apply for benefits between 2019 and 2024. He then did the costing, principally focused upon the disability, pain and suffering compensation, because the income loss is the same for all veterans. The veterans who came before 2006 are on the income loss program, as they are up until 2019 and afterwards. They would all have received benefits from improvements to income loss.
The big difference was—we're talking about apples and oranges—income loss versus pain and suffering payments. The courts recognize that distinction. Focusing on the pain and suffering payments, he looked at that cohort of veterans, and he found that over their lifetimes, were they to be paid under the Pension Act, it would cost around $50 billion to pay for their benefits. However, under the 2006 program, if I'm not mistaken, he anticipated that the present clients.... I'm sorry: It was both present clients and the future cohort that would be $50 billion.
Under scenario two, which was the new veterans charter or the Veterans Well-being Act, it would be $29 billion, and the pension for life would be $32 billion.
That's an $18-billion differential between pension for life and if they were covered under Pension Act payments. It's quite significant.
Quite importantly, the 1990s was called the “dark decade” for a reason. I remember returning from the Gulf War; I was sent back early due to combat stress reaction. I showed up in front of the psychiatrist, and the psychiatrist said to me, “By the way, everything that you say to me I will report to your commanding officer”, so being an astute little young ambitious officer, I kept my mouth shut, and he put in a diagnosis of jet lag.
I kept that diagnosis of jet lag for many years until I realized that I truly had PTSD, but it wasn't until after I was released. I wasn't medically released because as I sat with the medical doctor with over 13 physical and psychological ailments on my medical release file, he came in jokingly and said, “Is that all? You're good to go.” That was my support when I left the military.
:
Thank you so much, Mr. Chair.
I want to thank all of our witnesses, first of all, for their service to the country and their testimony here today.
I also want to say hello and welcome to all the students. I know that Wilfred's out there. I'll just let you know that your dad said really good things about you.
I'm going to start with Mr. Bruyea.
I really appreciate your testimony and found it quite horrifying to hear that you were diagnosed with jet lag. I'm going to probably never forget that for the rest of my life. Thank you for sharing that.
I want to get one thing clear. Have you sent to the committee the report that you were citing earlier? I just want to make sure that it's been sent to the committee.
:
I would just like to clarify. Do I agree with the distinction? No; I would understand it.
If we take the precedent from World War II, what happened was that in 1946, the Pension Act was changed so that people who originally were merely stationed in Canada were covered under, if you remember, the compensation principle. There was such rancour and misunderstanding about what was going on that the government actually changed the Pension Act and said that all veterans who were stationed back home would be covered under the insurance principle.
If we go to, for instance, 9/11, under the infamous document 1447 that Veterans Affairs has about the insurance principle, they made it so that going forward, all veterans that were on training would be covered under the insurance principle when they were training for an SDA, a special duty area, even during their downtime on weekends.
The fact is that when we join the military, we're training for SDAs from the day we put on that uniform. I really think that there shouldn't be any distinction. I think that the benefits that are given for disability will compensate for that distinction. I think that when all of us are in the military, we're heavily indoctrinated and heavily disabled to re-transition back into civilian life, no matter what our disabilities.
I think when we compare the benefits, all veterans from basically World War I right up until 2006 were covered under the Pension Act. Prior to that, there were other lifelong pensions in place.
There is one important aspect for a committee that cares about families, spouses and children: They were always compensated separately under the Pension Act. That changed in 2006, and since then, the situation has not improved. There is no extra money for a married person or a person with dependants or a person with children. In order to harmonize the benefits, yes, we know what the costs would be, and Parliament would not be happy about approving that, but it's an easy fix if we ignore the money part. All we have to do is replace the pain and suffering compensation under the Veterans Well-being Act with the Pension Act, and there, it's done.
We're going to stop right here for the first panel.
On behalf of members of the committee, I'd like to say thank you for your testimony, service and continued advocacy.
[Translation]
We have heard from two witnesses today who appeared as individuals: Sean Bruyea, a retired captain and Air Force intelligence officer, and Christopher Banks, a retired sergeant.
We also heard from someone from the Canadian Afghanistan War Veterans Association, Michel Blois, who is a lawyer and veteran.
Once again, I want to thank those who have been with us for the first part of the meeting, and wish the students in attendance a good afternoon at school.
We will suspend for a few minutes to welcome the next witnesses.
:
We will now resume the meeting.
As you know, we are conducting a study on the recognition of Persian Gulf veterans and reviewing wartime service.
For the second part of our meeting, we have a new group of witnesses who are with us in the room.
[English]
I would like to welcome our witnesses.
We have with us for the second hour the Honourable Rear-Admiral Rebecca Patterson, senator. As individuals, we have retired Colonel Mark Gasparotto, Afghanistan veteran, combat sub-unit commander, and retired Lieutenant-Colonel Dean Tremblay, Afghanistan veteran, combat sub-unit commander.
As you know, you're going to have five minutes for your opening statement. After that, members of the committee will ask you some questions.
It's my pleasure to ask the Honourable Senator Patterson to start for five minutes.
:
Thank you, Mr. Chair and members of the committee.
Good afternoon. For those who may not know me, I'm Senator Rebecca Patterson. Before taking this role, I served as a member of the Canadian Armed Forces for 34 years. I was deployed in various theatres of operation, including the Persian Gulf, Somalia and Afghanistan, providing operational-level medical planning and support to Canadian Armed Forces personnel deployed across the world.
I'm here as an individual and a veteran.
On the invasion of Kuwait by Iraq in January 1991, armed conflict broke out in the Persian Gulf. Canada committed one Canadian field hospital to support the British Army's 33rd Field Hospital in support of an anticipated ground war. Less than 24 hours after hostilities broke out, I became a member of 1 Canadian Field Hospital as a critical care nurse. I, along with about 350 other medical personnel of all occupations, signallers, logisticians and a platoon of Royal Canadian Regiment infantry soldiers, was brought to CFB Petawawa in Ontario to conduct pre-deployment training and prepare equipment.
The full complement of the field hospital arrived in Saudi Arabia by mid-February 1991. Due to the rapid evolution of the ground war, along with safety concerns about transporting personnel in a war zone, only a complement to the field hospital, along with our British counterparts, was deployed to the forward location, approximately 40 kilometres from the Saudi-Kuwait-Iraqi border.
The duties of forward-deployed field hospital personnel included surgical and medical treatment of allied soldiers and wounded Iraqi soldiers. Eventually, our RCR platoon was tasked with helping to manage the influx of Iraqi detainees. They were also responsible for escorting wounded Iraqis through the treatment process. We returned home in late March 1991. You can accurately say that 1 Canadian Field Hospital was physically closest to the ground campaign.
Since the adoption of the Statute of Westminster in 1931, Canada has formally declared war only once, back in 1939, when King—on the advice of his Canadian ministers—brought Canada into the Second World War. Therefore, Canadians went to war and de facto became war veterans. Canada has not formally declared war on another nation since the Charter of the United Nations was signed in 1945. Despite this, Canadian military forces have engaged in conflict areas around the world as part of police actions, peacekeeping, peacemaking or any other type of intervention on the direction of Canada.
As Michel Rossignol aptly noted in a 1992 paper prepared for us here in Parliament, the Canadian Forces Act of 1950 allowed the armed forces to be placed on active service by the Governor in Council, advised by the Minister of National Defence, not only when Canada's security was threatened but also when—I'm going to underline this—collective action was taken under the UN charter, NATO or any other collective defence agency. In fact, placing military on active service is done for bureaucratic reasons and for access to benefits. As noted by the Minister of National Defence in 1951, it relates to the application of the insurance principle. That has been very well covered by my predecessors.
From the Cold War to the modern day, placing military forces on active service has been required to ensure they are ready to engage at a moment's notice anywhere conflicts arise around the world. While the “when” to place troops on active service effectively changed with the introduction of that act, it unintentionally created a loophole for future veterans to be ineligible for the same benefits as those who served in active service during the Second World War and eventually Korea.
The next bureaucratic choice was the requirement to designate a theatre of operations as an SDA, as well as consult with the Minister of Veterans Affairs on benefits, and so the Canadians who served in these theatres of operation are not considered war veterans.
We must ask ourselves whether the current definitions and criteria for veterans' benefits and commemorative recognition truly recognize the realities of modern conflict. Canadians have served, been injured and have died on behalf of our country since the Boer War. I ask you whether one death or injury is worth more or less than another, based on time. As yet—you've heard many other fabulous testimonies—we currently have a system with stark differences between how veterans are treated and how they are commemorated, depending on the nature of the conflict they served in and where it took place.
I have a number of recommendations that I will touch on very quickly, then I will conclude.
The first recommendation is to consider a definition of war as a subcategory consideration under “special duty area” within applicable acts and regulations. You've heard about the Pension Act and disequilibrium.
VAC should conduct a study, including the use of a veterans round table, to modernize and harmonize these two acts.
The inequities, as we know, go beyond just the veterans themselves. We heard this committee come forward in 2023 with a push to repeal the “gold digger” clause about marriage over 60. This must continue, because modern veterans live beyond the age of 60 years, and they're independent adults.
Finally, our families also serve. I recommend that we consider them an extension of service and call for the implementation of the 2021 Office of the Veterans Ombudsman's recommendation that mental health treatment benefits be available to family members, in their own right, for conditions related to their allied military service.
Thank you for your time, and I look forward to your questions.
:
Good afternoon. Thank you for this opportunity to present my insights on training and, ultimately, commanding Canadian Armed Forces personnel in combat. I was asked to present these insights in order to provide the realities of military service with a particular focus on duty, unlimited liability, fighting spirit and discipline.
The CAF's primary mission is to detect, deter and defend against threats to or attacks on Canada. As such, military personnel are unique as citizens. Once we voluntarily enrol, we are the only ones who are sanctioned to manage violence on behalf of the state and to use force or the threat thereof in the pursuit of national interests and political objectives. Having pulled the trigger and taken several enemies' lives, this is not an abstract concept for me.
To achieve the CAF's unique mission within Canadian society, there are certain professional expectations. I provide my interpretations of four that are most relevant to this testimony.
Duty means the mission comes first, always. Service to Canada before self means that when we enrol, we subordinate ourselves to the team, the unit and the greater good. That means sacrifice, a price paid for by our members willingly—and their families, sometimes unwillingly.
Unlimited liability means the legal requirement for CAF members to accept that in the process of their duties, they may have to risk their lives or the lives of those they lead. I've buried a soldier, and I continue to know more who struggle with physical injuries and mental health conditions, so many of us are still living the sacrifice.
Fighting spirit means we must have a warrior culture and ethos. We must be able to operate across all planes—physical, mental, emotional and spiritual—to close with and destroy the enemy. To quote General Rick Hillier, “We're not the public service of Canada. We're not just another department. We're the Canadian Forces, and our job is to be able to kill people.” We manage violence on all of your behalf. Discipline and the rule of law means following lawful orders from the chain of command, orders that may put our lives at risk or may require us to injure or kill enemy combatants. Therefore, our great leadership challenge is to prepare ourselves and our people to engage in the grim matters of warfare without losing our humanity.
Now I have an example from combat operations in Kandahar, a so-called “special duty area”.
In summer 2006 the Taliban, with many hundreds of heavily armed soldiers, attempted to seize Kandahar. That threat led to Operation Medusa, Canada's largest combat operation since the Korean War and, at the time, NATO's largest combat operation in its history. While we were equipped with exceptional armoured fighting vehicles, we did not have any breaching assets to defeat the extensive Taliban defences, so we rented yellow civilian bulldozers. My operators thought this was a crazy plan and expressed their concerns based on the obvious significant risks. We mitigated the risks as best as we could and, regardless of the residual dangers, they were ordered to breach the Taliban defences. They had no choice in the matter.
In the end, we were successful. However, one member of my squadron was blown up three times while operating heavy equipment outside the wire, earning him two sacrifice medals for his injuries. His name is Lance Hooper. He's now a warrant officer. To me, by embracing unlimited liability, Lance is the embodiment of duty and of how discipline is the foundation of fighting spirit.
In conclusion, enrolment in the CAF is voluntary. Once enrolled, CAF members must serve until released, in accordance with the regulations; have numerous obligations of service that do not have civilian equivalents; and have an obligation to respect, uphold and obey the chain of command. Training and socialization during times of service are designed to cultivate a habit of obedience and respect for authority, which are essential for conducting effective and efficient military operations during active service.
Combat operations in Kandahar, Afghanistan, cost the lives of many CAF personnel and involved the application of significant violence against a determined enemy. Calling it a “special duty area” rings hollow when judged against the realities on the ground.
Thank you for the invitation to appear before you as a witness to share my experiences as a tactical combat team commander in Afghanistan from September 2008 to April 2009.
Operating from Forward Operating Base Frontenac, which is located slightly north of Kandahar city, my core team was based on an armoured reconnaissance squadron with attachments from the infantry, combat engineers, artillery and other specialists. Our initial core strength was 145 personnel. I emphasize the word “initial” because, sadly, four of my soldiers were killed in action doing what Canada asked them to do.
It was on this occasion that I deployed with these amazing Canadians outside the wire on a daily basis to conduct combat operations.
I would like to quickly highlight two critical takeaways from my experience in Afghanistan that I believe are very relevant to the discussion of active service of Canadian Forces members.
The first is leadership in combat. During my career, I deployed in several missions, each with its own inherent challenges and dangers. For me, being a combat commander in Afghanistan, with all of its complexities and the responsibility for making daily life-and-death decisions, often void of all information, was the most powerful, professional and emotional experience of my life.
We were at war. We were engaged in daily operations against a determined and armed enemy. Every day we were at risk of being targeted, wounded or killed. We were expected to do the same to our enemy, if legally called upon.
My decisions, the way I led and employed my team to achieve our mission, and ultimately the orders I issued to my soldiers would have an immediate as well as a lifelong impact on every single one of them.
In the performance of our mission, we suffered significant casualties. My core team suffered 26% casualties due to enemy action. This included four soldiers killed and 34 seriously injured. Of those, 22 soldiers who were critically wounded were repatriated to Canada. These figures do not begin to reflect those who continue to suffer with seen and unseen injuries many years after our deployment.
To put this into an operational perspective, at staff college, where military officers are trained in operational planning, we used wartime figures that suggest that after a unit has suffered 10% to 15% casualties, it is deemed combat-ineffective and subsequently removed from the front line for reconstitution. In Afghanistan, however, there was no front line. The enemy was all around us. Reconstitution never fully occurred, despite our casualties.
I share these statistics not as a scorecard or to glorify casualties but to highlight the immediate and long-term human impact of war on our people.
We, as leaders, have a very direct and significant responsibility to our personnel as we make life-altering decisions in these unpredictable and dangerous war zones. Leadership is not only about achieving operational or tactical success; it's also about having compassion and enduring commitment to those we are responsible for and accountable to while in the fight and also long afterward. In fact, the health and wellness of our personnel is 100% part of mission success.
The other is unlimited liability. Throughout my years of service to Canada, I proudly accepted unlimited liability, which means I could be lawfully ordered into harm's way under conditions that might lead to loss of life. As regular force members on active service, we never questioned this expectation. When deploying to operations in support of Government of Canada commitments, regardless of the threat environment, unlimited liability remained a constant. We had an obligation to obey lawful orders, but this did not prevent us from asking constructive questions to clarify intent, plan and prepare our teams, or institute important mitigation strategies to de-risk the mission and protect our personnel's health and well-being. Despite all of this, sadly, bad things can still happen.
During my time in Afghanistan, I did receive lawful orders directing my unit to conduct combat missions that put me and my soldiers at risk. Some missions, sadly, resulted in death. Despite these terrible moments, we continued to conduct operations and perform our duty. We did not close shop to escape the dangers that we were faced with on a daily basis.
These difficult times reinforced the importance of trust within our ranks. We had to trust the person to the left and to the right, the chain of command and, by extension, our country and its national institutions, to respect, honour and care for our personnel and their families consistently and meaningfully long after the deployment concluded. The experiences of war are not framed by a start and end date. They are enduring for all members and, by extension, their families.
In closing, I'll say that went through long periods of personal doubt and guilt and significant internal reflection to manage my expectations, my experiences and my decisions; to rationalize the long-term impact of our Afghanistan combat mission on my soldiers and my role, good or bad, in their lives; their reintegration post-deployment; and even their pain. Despite this, I never questioned my role as a leader and the necessity to make difficult decisions, nor did I ever question the necessity of unlimited liability because of operational imperatives, legal obligations and moral expectations.
I am grateful that this committee is focused on this important topic. Thank you for your support to our veterans.
Thank you all. Your testimony is honestly overpowering to me.
I'm going to ask this, first of all, of the gentlemen. I hear the term "war" used often, yet it doesn't exist anymore, according to legislation. That is my understanding, yet as a civilian I would absolutely put what you just described to me in that category. I sense that you as well would put it in that category.
Concerning these responsibilities of duty and unlimited liability and being required as volunteers to obey the chain of command and all of these things, are they somehow defined differently for the circumstances in which you found yourselves in Afghanistan versus previous war scenarios?
:
That's awesome. Thank you so much.
You talked about the wounded, those who died in their service, those critically wounded and others. You then shared with us the fact that health and wellness are impacted, truly, for the rest of your life. I have a question I want to ask that is a little sensitive. If you don't want to answer it, that's fine.
Over time, the use of MAID has become more of an awareness within the armed forces. We have heard of soldiers being offered that, even with the clarification that they should not worry and that their families would be taken care of. We've had many take their own lives after coming home. Of course, those circumstances would not have been seen in the same light.
I just need to ask what that brings to your heart and mind in regard to serving your country and coming home and having MAID brought forward.
:
I think that when folks deploy to serve their country, they deploy with the belief that they're going to do their job and do what's asked of them, with the mindset that it's their duty and their commitment to Canada. It's their pride in the country and their pride in everything that's related to that. I don't believe they deploy to think about the what-ifs should things go south and go terribly wrong.
I think they deploy with the trust that their colleagues, their leadership and their chain of command—and certainly the institution, the government and the country we represent—support us in what we do. Otherwise, why would we be sent to these different parts of the world?
There's the mindset that if something goes bad on those most terrible days that are unimaginable, they will be taken care of. There's that institutional trust that while we are socialized, if you want to use that term, upon joining the military, you will operate in a certain fashion, with these ethical principles and moral obligations, and you will also have trust in the institution, which extends far beyond the unit you're deploying with. I believe they have that trust in place should those bad moments occur. I think what we're seeing in some of the testimony today is that the trust has been questioned.
Certainly, when you deploy, you know where you're going, generally, and you have that obligation.
:
I can only speak for myself and anecdotally, based on conversations I have had with my former squadron or other people I've served with.
Certainly, when I needed help, the help was there through Veterans Affairs. Now, I didn't have a complex case, but I have no complaints about the service I received. I have none whatsoever. I thought it was quite seamless. You probably hear all of the bad stories that come in. I think that paints, unfortunately, a victim narrative that all soldiers are broken. That is not the case by far.
While there are still things that need to be fixed—and I can't speak to exactly what those are—I know there has been a real attempt within the armed forces. What I've seen from Veterans Affairs is there's been a real attempt to address some of those things, understanding that there's probably still a way to go.
In terms of the discrepancies between these various policies, I have not lived the impact of those. Perhaps Senator Patterson could fill in the gap there.
:
Thank you for the question.
It was a very interesting time in history when we went to the Gulf War. It was the end of the Cold War. We were starting to digitize, I'm going to say, in the most basic ways in the military. Record systems changed. What happened is that when personnel who were tasked to go to the Persian Gulf crisis moved forward, the administrative system didn't catch up.
For someone like Sean Casey—or even me, as it turned out, which I hadn't realized—when we look at a record to see what's to be commemorated and how, it's based on the record that's input by somebody. In Sean Casey's case, it was just completely missed that he actually was on board the ship, on the Terra Nova, and was at the Persian Gulf, so he had to fight and say no, he was there. Remember, not everybody had a cellphone they could use to take a photo with a date and time-stamp. It was us with our little cameras, hoping the photo went well. He was missed, and he fought for many years to tell them that no, he was there.
It becomes very hard to prove for people who move around all the time when you're working off a paper copy and someone loses your document somewhere in transferring your information over to a digital copy. In my case, they said I didn't actually serve in Saudi Arabia, but they'd give me credit. I learned that as I was retiring 33 years later.
Why does it matter? It affects how they do calculations of everything from severance pay to your benefits, or in case you got injured. To give you an example, on my record it said I was in Germany. I got an out-of-country credit—woo-hoo—but I didn't get the special duty area credit.
You're going to find that more junior members did not know how to navigate the system. It makes it really impossible for VAC to truly calculate and for DND to figure out if you actually served in the Persian Gulf. I think one thing that can come out of this is that there needs to be special consideration given to screening through the files of people in that early nineties transition period so that we don't end up with Sean Casey being awarded his Gulf medal 33 years later.
:
Thank you very much for the question.
What we do know is that the modern veteran, from really 1989 onward, looks different. We're representing a more diverse Canada as we move forward. As more and more women, in all their intersections of identity, have come to serve, we look at benefits and programs not just in the Canadian Armed Forces but within the veterans community that actually don't fit. What about exposure? I know that we've had some challenges from people in the Persian Gulf with reproductive challenges. The occupational health aspects for women are not the same. Unisex fits nobody, and it's the same with this.
The women's council is actually intended to advise the minister on how to move forward for both the RCMP and veterans of the Canadian Armed Forces. How do we better support women in all our intersections in terms of addressing benefits and whatever the issues may be? I think that's quite an important thing to do. There's both me and Senator Bev Busson, who is an RCMP veteran. Along with about five other people, we have gone through essentially a blind assessment process to try to create a roster of people who can well advise the minister in moving forward on women's issues.
:
Let me start with a question. I don't want to yield the floor, but I would like an answer to the question.
If there's a desire to have more meetings, that's one thing, but it's another when we start to get into giving this witness one hour and this witness an hour. We had some good witnesses today, and one of them wasn't listed in this motion as one we wanted to bring back.
Is there an opportunity for others to be brought back in that scenario? There might be other witnesses we'd like to bring back. Is there an ability to add new witnesses? When we submitted our witnesses, we submitted them on the basis of understanding the length of the study, and now, if the study is going to be extended, I would seek to be provided with the opportunity to add new witnesses, if that's the case. Can we get some kind of an indication of what the status of our witness list is and if we would be given an opportunity to add additional witnesses to the list as well?
:
Thank you very much. I think that's a very pertinent question.
In preparation to come here, I did a little bit of research. I'm going to go back to one of the previous questions. We have the legislative view of it, which is the declaration of war under the law of international armed conflict. It certainly talks about a beginning and an end, but it's a legal entity. When you start breaking it down into, effectively, the administrative processes that fall under the National Defence Act or the veterans charter, etc., this is where it becomes a noun.
Bear with me here. I thought, what is war? There is nothing that we have heard from any of your witnesses that tells you that you do not bleed red, no matter what legislation calls it. I know that sounds pretty harsh, but in the impact on families and members from injury and death, it doesn't matter what we legally call it, so I thought I'd give you a couple of interesting points.
In the Oxford dictionary, “war”, as a noun, is a conflict carried out by force of arms between nations or between parties against each other, so basically that includes the Persian Gulf, Afghanistan and Kosovo. Do you see where I'm going here?
What I also thought was interesting is that we know that from 1945 on, when Canada then looked at the UN charter and it became “police action” and other names, we understand that it was to walk away from global conflict as we had known it, but did you know that under the UN charter, they define war not as a declaration but as an action?
Interestingly, they define war as any conflict that meets the criteria of armed conflict according to the Geneva Conventions and their additional protocols.
As a health services person in the Persian conflict, I wore a red cross, and those Royal Canadian Regiment soldiers provided force protection for us because I was only to raise by arm in defence, as opposed to any other reason.
They talk about additional protocols: “An armed conflict exists when there is a resort to armed force between States (international armed conflict) or protracted violence between government authorities and organized armed groups within a State (non-international armed conflict)”.
Why does this matter? It matters because it talks about the actions that take place. If we were to take the legislation and apply it to those of us who have served, you can be a war veteran if, administratively, we write the definition of “war” in there, but when they look at “special duty area”.... Again, I'm not an expert in this. We need very clever people who write regulations and the policies that fall out of it, along with the Veterans Well-being Act, but when you look at a special duty area—and there are all sorts of other things that come with it—why can you not have...? If I use all of the examples provided by my colleagues here and the many places that we've been, they get a war designation.
From a benefit perspective, we can do it one way, but from the commemoration perspective of a war veteran, we are asking to be recognized for the ultimate sacrifice to our country.
Why are we in dispute? It's because it's very hard to define the family that we create and the environments that we go into in a bureaucratic process. It's about recognition. It's about dignity. It's about justice.
There is potential, and I think it's worth looking into bringing the noun “war” into the regulation at the policy level, making an assessment and seeing if that works. Take it out of legislation and put it into a lower level.
[Translation]
Thank you.
:
That's a good question.
[English]
I will bracket where I would have to recuse myself from voting, because of course I would benefit from any of this, so I want to put that on the table right away.
Here in the House of Commons, when it comes to the people who are veterans and serving members of the Canadian Armed Forces and the RCMP, you care. We know that. I think it would be received well.
The question is whether it is a government bill or a private member's bill. From where is it going to come at us? Again, as we've just been through, these are the processes of Parliament that matter as well.
On a reception perspective, I think there would be good reception. Again, this is about recognition, commemoration, dignity and respect, and then the insurance principles you talked about can be dealt with later.
:
Thank you so much, Chair.
Thank you to the witnesses for being here and, of course, for your service to our country. I'm sorry you don't get a bit more time to share your stories, but welcome to Parliament. Here we are.
I'm going to come to the senator first.
I really appreciated your recommendation around having the committee study the equivalency between the two acts. The part I found particularly intriguing is that veterans should be invited to a round table to inform this study. One of the challenges we hear from veterans again and again is that they often don't know what they can apply for and that they don't understand the changes.
I'm wondering if you think it would be appropriate for VAC to do some of that work—to sit down with veterans and go through the process of understanding the different benefits, while getting feedback from the people from the wars you're talking about. They are left out and not acknowledged in the way they need to be.
:
Thank you for the question.
As I said, I was a nursing officer. When I came back, I ended up as the head nurse on the floor that ran the Gulf War clinic for the Canadian Armed Forces. Retired Colonel Ken Scott was the internal medicine specialist who did the assessments. This was driven by the fact that other allied nations were saying, “We're getting a funny constellation of symptoms coming together, and we want to know what they're linked to.” On my floor, people would come in from all across the country. That's when we still had military hospitals. They would go through a full battery of tests to make sure it was not some underlying condition. As you know, it's a disputed syndrome. What is it? How does it work?
One of the challenges is that we don't invest in research. I'm going back to that again. If you want a Canadian solution, it's easy to say, “No, we need the data. Do the research.” Moving forward, other countries have done a wealth of investigation. They've looked at things. Is it a form of post-traumatic stress syndrome? No. However, there are still these outlying things. They've done more work. If we in Canada want to get on this, we need to put some investment into proper research, because it will become hidden.
The challenges in a country like Canada that continue to drive us forward.... We say, “Fire and forget. It's over. Move on to the next issue and the next war.” If you want to look back at it retrospectively, invest in research that is gender-based—disaggregated—in order to see what the delta is, because this is an occupational health issue.
To our witnesses, thank you for coming to testify. Even though you are here as individuals, all of your comments really matter to all veterans.
[Translation]
I would like to thank the Honourable Rebecca Patterson, rear admiral (retired) and senator for Ontario.
I also want to thank the two witnesses who appeared as individuals: Colonel (retired) Marc Gasparotto, Afghanistan veteran, combat sub-unit commander, and Lieutenant Colonel (retired) Dean Tremblay, Afghanistan veteran, sub-unit commander.
Dear colleagues, if you could please send us your witness list by next Tuesday at noon.
[English]
The meeting is adjourned.