Judge says lawsuit accusing government of failing to tell eligible veterans about benefits can proceed

A judge has ruled that a class action lawsuit alleging Veteran Affairs Canada failed to inform former Canadian Armed Forces members of benefits to which they were entitled can proceed.

At the heart of the case is the department's handling of the former Supplementary Retirement Benefit, a program meant to compensate for lower pension and benefits earnings for veterans unable find gainful employment due to service-related injuries.

Veterans advocate Sean Bruyea — who filed the class action in October of 2020 — had been eligible for the benefit before it was consolidated into another program by the Liberal government as part of its reform of veterans benefits, which came into effect in April 2019.

According to the court filing, Bruyea could have received a lump sum payout — equal to 69 months of the Supplementary Retirement Benefit (SRB) — "had he been properly advised by the Department of the eligibility requirements" of the program.

The lawsuit estimates that as many as 10,000 eligible veterans may not have received the benefit. It accuses the federal government of not proactively informing veterans of the benefit.

In a decision on Monday, a Federal Court judge ruled that the class action against the government can proceed.

"We sacrificed so much, and in return, we ask that Canada recognize that sacrifice, at the very least, by having a duty to meaningfully inform our veterans and their families of the benefits they are entitled to because of those sacrifices," Bruyea said in a media statement.

In a statement sent to CBC, Veteran Affairs Canada said it would review the judge's decision. It said the department "is committed to supporting Canada's veterans and their families and ensuring they are aware of all the benefits they are entitled to."

The government's filings on the case include an affidavit from Veteran Affairs saying that "veterans are encouraged to be proactive in the benefits and services available to them."

"Generally, veterans have the responsibility to stay informed and actively participate in their programs and benefits," the document says.

The lawsuit touches on one of the most common complaints of disabled veterans — that it can be almost impossible for them to determine which benefits they're entitled to when the rules have changed so often over the past 15 years.

There have been three major overhauls of the veterans benefits system since 2005 — changes that have brought with them some confusing eligibility criteria and programs that ran for several years only to be replaced, changed into something else or cancelled outright.

In 2015, the Liberal government promised to fix the system and asserted as a statement of principle that no veteran should have to fight the federal government in court for their benefits.

It also pledged to spend more money on programs and communicate clearly with former military members about their options.

In 2019, the government introduced a veterans benefit navigator, an online tool meant to distil the federal government's array of benefit programs for veterans into an individually tailored readout that suggests options.

It took Veterans Affairs almost a decade to deliver the interactive tool. It was first recommended by Canada's veterans ombudsman in 2010.