:
Good afternoon, everyone.
I call this meeting to order.
Welcome to meeting number three of the House of Commons Standing Committee on Veterans Affairs.
The committee is meeting for a briefing by the veterans ombud.
[English]
Today's meeting is taking place in a hybrid format, pursuant to the Standing Orders. Members are attending in person in the room and remotely using the Zoom application.
Before we continue, I would ask that all in-person participants consult the guidelines written on the cards that are on the table. These measures are in place to help prevent audio and feedback incidents and to protect the health and safety of all participants, including the interpreters.
[Translation]
As always, thank you very much to the interpreters.
[English]
You will also notice a QR code on the card, which links to a short awareness video.
[Translation]
I'd like to outline a few rules for witnesses and members to ensure that the meeting goes smoothly.
Before speaking, please wait for me to recognize you by name. If you are participating by video conference, please click on the microphone icon to turn on your microphone, and please mute your microphone when you aren't speaking.
As for interpretation, those of you on Zoom have a choice, at the bottom of your screen, between floor, English or French. Those of you in the room can use the earpiece and select the desired channel.
I remind you that all comments from members and witnesses should be addressed through the chair.
For members in the room, please raise your hand if you wish to speak. For members on Zoom, please use the “raise hand” function. The clerk and I will manage the speaking order as well as we can, and we appreciate your patience and understanding.
[English]
I would like to welcome our witnesses: Colonel (Retired) Nishika Jardine, veterans ombud, and Duane Schippers, deputy veterans ombud.
We will proceed to our panellists' opening remarks, followed by a question and answer session.
[Translation]
Witnesses, thank you very much for being here. You're officially our first witnesses. We look forward to hearing from you.
Ms. Jardine, you have the floor.
:
Good afternoon, Madam Chair, members of the committee. Thank you for inviting me to address you about the work of the office of the veterans ombud. Today, I am pleased to be joined by my deputy and legal counsel, Mr. Duane Schippers.
As you may know, the office was established by order in council in 2007, and I am the fourth veterans ombud. Our mandate, simply put, is to investigate complaints and challenge the policies and decisions of Veterans Affairs Canada where we find individual or systemic unfairness.
When I was appointed in November 2020, it was my personal impression that the majority of serving members and veterans had no idea of the existence of our office. Once the pandemic travel restrictions lifted, we undertook an ambitious outreach program.
[English]
As of last week, we have been to every major military base. We held town halls in and around those locations to explain what we do and to hear directly from military and RCMP serving members, veterans, survivors and families.
I must say that the majority of veterans are satisfied with Veterans Affairs and what they receive in benefits. Many tell me how they feel well taken care of by VAC, but we have also heard the opposite, not all of which are on things that VAC has the authority to rectify. The most compelling is that of access to a family doctor or primary care.
As provided in the National Defence Act, regular force and some reserve force members receive all of their health care from the military medical system. On their release, they can obtain a provincial health card, and they are completely on their own to find a doctor. Many of them cannot. Without primary care, it can be impossible to refill prescriptions, particularly complex ones. Without primary care, it can be impossible to get the diagnosis they need to submit a disability claim to VAC. This is a complex issue that crosses both federal and provincial jurisdictions.
[Translation]
Likely as a result of our outreach program, our office has seen a 35% increase in individual complaints since 2020. Among the top complaints we receive are complaints about wait times for disability benefits, which we can do little about, treatment benefit denials, and complaints related to the rehabilitation program. Complaints are reviewed by our trained analysts, who determine whether the complainant was treated fairly. Where we find unfairness, we identify that to the Department of Veterans Affairs, or VAC, who will in most cases take steps to resolve the unfairness.
[English]
Our systemic work likewise seeks to resolve unfairness in the administration of veterans’ benefits and programs. Our website provides every systemic report we have written. In our “Spotlight” publication, every still-valid recommendation is listed together with its implementation status and whether the department accepts the recommendation.
This committee recently published a historic report on women veterans. We have also done work in this area. We received a complaint that the disability pensions of former RCMP women members were being reduced by the Merlo Davidson sexual misconduct class action settlement amounts they had received. I wrote to the minister with our findings that Veterans Affairs was unfairly reducing the disability pensions of women RCMP members who had received settlement compensation. As a result, VAC contacted the affected women and resolved the unfairness.
[Translation]
We were alerted to a possible unfairness in VAC processes for handling sexual dysfunction claims related to psychiatric conditions. We investigated and found systemic unfairness for women veterans in certain decision-making processes. VAC has since implemented our recommendations.
[English]
My first appearance before this committee was on the subject of our report and recommendation for the provision of mental health treatment for family members in their own right for conditions related to service. We say that when the member serves, the family also serves. I have heard many heartbreaking stories of how family members can struggle with mental health because they are part of a military or RCMP family. I must credit Veterans Affairs for doing their best within the legislative guidelines to provide some mental health supports to family members, provided they can link it to the well-being of the veteran, but it is not enough. This recommendation will require legislative change.
To be honest, the CAF and the RCMP have long depended on the silent support of our families. Veteran legislation, regulations and policies have likewise done the same thing. For example, the veterans independence program is designed to provide military veterans with some assistance in remaining in their own homes for as long as they can, but the VAC policy for administering this program presumes that a live-in relative should take on the share of the veteran's household tasks that the veteran can no longer do. I wrote to the minister last year that it is not fair to ask a veteran's live-in relatives to take on the work that cannot be done by a veteran whose illness or injury is service-related. It is time to stop asking families over and over again to shoulder the burden of their veterans' service.
Veterans Affairs Canada is charged with delivering benefits and programs to a unique community of Canadians who value trust and truth as the high-water mark of service. We know that institutional trust is strengthened by clear, consistent and truthful communication. Veterans are highly sensitive to matters of trust. I have heard from some veterans and their families whose trust in the department has been eroded. They say, “I don’t even understand why I have been denied this benefit.”
I firmly believe that the overarching purpose of our office is to reconnect veterans to Veterans Affairs Canada when they lose their trust in the department. This does not mean we always take the veteran's side when they come to us with a complaint. Indeed, we render a service of equal value when we say to a veteran, “Here are the facts of your case. Here are the rules that apply. The department has treated you fairly.” In my view, the key is transparency.
My office will continue to focus on how Veterans Affairs engages and communicates with veterans and their families, and specifically with those whose needs are more acute. We will continue to assist in navigating VAC benefits and services. Where we find unfairness, we will work to identify those gaps and barriers so that all veterans and their family members can request and receive the supports that Parliament has put in place for them to move forward in their civilian lives once their service to Canada is complete.
:
Thank you, Madam Chair.
I echo the comments. I know we've had you come here before.
Thank you for your service. Thank you for your role with the ombud. After reading your report, I would like to compliment you. It's a very good report, very comprehensive. I like the fact that you've included a timeline and that you're updating us on what's been implemented and what hasn't been implemented.
I read through where it says, “Partially Agree” and “Partially Implemented”. What does that mean to the reader? It's just in chart form, and I need a little bit of an understanding on that if you could share that with me.
:
Thank you for the question. I will speak in English. My French is very rusty. Usually I like to say I need a glass of red wine to make it work better, but maybe not today.
First of all, I believe that the person in this position must be a veteran. In order to be credible in the veterans community, the person who occupies this job must be a veteran. What I bring to the table is that I have served in all three environments: with the air force, with the navy and with the army, although not in a combat unit, because when I joined the army, women did not serve in combat roles, so I missed that opportunity.
As an officer, I've led soldiers at all ranks, and I was privileged to have been given command of a unit, which is the pinnacle of service in the military, so I bring that understanding of command as well.
Also, as a senior officer I worked at National Defence headquarters in capital procurement and was involved in buying military trucks, and I served overseas in Afghanistan for almost a year. I've been out for so many years and it's been over 15 years since I deployed, but I had to leave my young son at home for a year while I deployed. I bring that level of experience.
I also went to military college in the third class that accepted women, so I have that experience of having served as a woman when women were not necessarily welcomed with open arms, shall we say.
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Thank you for your questions.
[English]
When I was serving—and I served up until 2019—I had no idea that there was an Office of the Veterans Ombudsman. I knew about the DND/CAF ombudsman, but I had no clue that there was a veterans ombudsman as well. I figured that if I didn't know, I was certain that there were many people in service and in the veteran community as well who did not know about our office.
I thought it would be important to go out and do this outreach program. We focused on the military bases so that we could speak to commanders and share with them what they need to do to help their soldiers when they leave the military, and how, if soldiers are going to put in a claim with Veterans Affairs, what they need to ensure is on their service health record. Military people do not, as a normal matter of course, go to the doctor when they're not well or they have an injury. If that evidence is missing from their service health record, it's much harder to get a disability claim approved.
That connection to service is so critical. We went to commanders and we spoke about this.
We visited transition centres and military family resource centres to hear from them first-hand about how they are helping members make that transition from military life to civilian life and, most importantly—or equally importantly—how their families are also being supported in that transition.
We did our town halls in the evenings in several places in and around the bases. Most people in the military retire near a base where they last served. I have as well. That's how we thought that we would design our outreach program, and you're absolutely right: We have heard a great deal.
:
Thank you, Madam Chair.
Colonel Jardine and Mr. Schippers, thank you for being here and good afternoon.
I'd also like to say good afternoon to all the veterans who are watching. It's important for them to know that the office of the veterans ombud exists.
Colonel Jardine, I have a few questions that I find surprising, given the engagement of veterans, many of whom have come to my office to tell me that they feel abandoned. They may not be valued in a way that lives up to their service.
In your brief, you said that individual complaints have increased by 35% since 2020. Is that correct?
:
Thank you for the question.
[English]
The majority of the complaints we receive are from veterans who have an approved condition, a disability benefit, and they are now in treatment because they're entitled to treatment benefits for that condition for life. The majority of the complaints we get are around the fact that the treatment benefit they are seeking has been denied by Veterans Affairs. That's probably the most common complaint we get.
We also hear complaints about the rehabilitation program and the connection to the income replacement benefit. The disability wait time, the wait time to get a decision is still a complaint that we hear, but it has, absolutely, slipped to second place.
Let me reiterate that the majority of veterans are satisfied with the service they receive from Veterans Affairs. They don't stand up and say, “I'm really happy with VAC.” They come up to me quietly, and they say, “You know, I'm really happy with Veterans Affairs. I couldn't be happier. I'm very satisfied.”
We get complaints like, “I got a decision that I'm not happy with”, and we can help with that. However, there is a cohort of veterans who struggle to meet the administrative ask of the department, and who grapple with feelings of institutional betrayal. It's a complex thing because, for veterans, trust is so critical, and so, when they grapple with that, they have a much harder time asking for and receiving what they need.
[English]
Again, most veterans are happy and satisfied with Veterans Affairs. They can ask for what they need. They get what they need.
For the group who struggle, it's my impression that—and I'm still working to understand it better myself—their needs are more acute. Their feelings of institutional betrayal are, maybe, greater or they just struggle to meet that administrative ask. For them, it's a much more difficult process.
This concept of trust and institutional trust is huge for veterans. We serve, and we're told that, “If you're hurt or ill afterwards, Veterans Affairs will be there for you.” They see their buddies getting their disability benefits and treatment benefits, but for them, somehow, they run into some friction, so for them, that friction equals betrayal and now it's a fight to the death. It's a battle.
We started with the base. Also, the Royal Canadian Legion has been extremely generous with us. My colleague approaches the Legion and asks, “Is anybody willing to host us?” We've tried hotels, but with the Legions, it seems to work really well. We go wherever a Legion is willing to host us, usually in that local area.
We have been to Smoky Lake. Although we didn't do a town hall, we were invited.
That is the other way we choose where to go. We get invitations. As we're becoming well known, people reach out to us to invite us to do a presentation, which turns into a kind of town hall as we hear from people.
We were in Métis Crossing to contribute to the Métis service officer training, and then we were up in Cold Lake as well.
:
Thank you, Madam Chair.
Welcome, Ms. Jardine and Mr. Schippers. It's good to have you here. I appreciate the work you do on behalf of veterans.
I want to come back to the topic that was raised by Mr. Tolmie. He noted, upon his extensive review of the documents you provided, that there were a lot more green check marks prior to 2015 than after that.
I note that prior to 2015, in the information you provided to us, there were 19 recommendations that you indicated are no longer tracked. In your introductory remarks, you indicated that, in some circumstances, events overtake the recommendations, which results in them no longer being tracked.
Can you speak to the fact that there are 19 pre-2015 recommendations that are no longer tracked? If there is a pattern there, can you explain to us why that categorization of pre-2015 recommendations is so prevalent?
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—about fairness and assessing.
There are some standards today, as the office and other ombuds' offices around the country have matured, with a focus on fairness. You will see a change in the tone of recommendations, from the earliest days of our office to the later days, and how things are worded.
Often, they were open-scoped. They were things that would have been very much nice to have, as opposed to being focused on a fairness assessment. Some of them have been taken off for that. Some of them have been removed just because of time.
Our position is that if it's still a really relevant and ongoing issue, we will do an update report on it. After 10 years, we really start to look at it. If the department hasn't moved on it after 10 years, we are probably going to either drop it or do a new, updated report to push that issue again.
:
Thank you, Madam Chair.
I have a few things I want to ask, but first I want to pick up on what a couple of people have been asking questions about: PCVRS and rehabilitation services.
Ms. Jardine, you very quickly responded to the question of whether you'd had complaints about the PCVRS contract with, yes, you certainly had. When you were asked about rehabilitation services prior to PCVRS, you weren't as certain. Mr. Schippers then indicated, though, that there have been very few from actual veterans.
I'm wondering if you agree with the statement that there have been very few from actual veterans, because that doesn't square with what I know I hear, as someone who's been involved in this committee. I hear a lot of complaints. Would you say there have been very few from veterans on PCVRS?
:
Thank you, Madam Chair.
Thank you, Colonel Jardine and Mr. Schippers, for being here today. I really appreciate your time and the answers you've given us so far.
I want to follow up on the question Mr. Richards asked at the end. I spent time in the provincial legislature in Nova Scotia, and, of course, access to family doctors was probably the number one issue we dealt with there. In Nova Scotia, somewhere between 10% and 15% of the general population does not have access; obviously, it's different regionally.
There's an obvious interplay there between the provincial governments, VAC and others to make sure we can make progress on this issue. Could you talk a little bit about what that looks like? What is the interplay between the two levels of government to make sure that veterans actually have access to this and we start to move on what you identified as the number one issue you heard over the summer?
:
Thank you. I appreciate that.
I think it was Mr. Tolmie who asked questions earlier about how difficult it is to implement the recommendations that you put forward.
When your office is developing recommendations to put forward to the department, what kinds of considerations go into that? Do you consider, for example, what the legal, financial or human resources implications of a recommendation might be? How do they factor into your decision-making on how quickly is reasonable to see a recommendation fulfilled?
You're almost grading them on a curve in some ways. Not all recommendations are created equal in terms of the difficulty of actually executing them.
Could you give us some insight into how you think through that process?
:
Thank you so much, Chair.
It's so good to see you again, Colonel Jardine and Duane. It means a lot to have you here. Thank you for the times when my office has reached out to you to get clarification on things; it has always been accurate and fair. There are very good tools for us to use.
In your notes here, in 2021, you talked about something you wanted to see, and the government apparently wanted to see, but hasn't been implemented. It's something we've discussed a lot at this committee over the last decade. It's the unique impact of military service on the mental health and well-being of not only the veterans but also their family members.
You have been calling for the government to ensure that government-funded mental health treatment would be there for those family members in their own right, regardless of whether the veterans are on a treatment plan. I don't know where to go to get clarity on this. There is no question that when veterans struggle, that impacts their families, which then impacts the veterans. It would help those veterans significantly if their family members were able to get the help they need. I know this has ended up helping them turn it around and get the help they've been waiting a decade for.
What are the barriers to this taking place?
:
This is one that is very near and dear to my heart. When a veteran is receiving mental health treatment that the department is paying for, if the clinician believes that the veteran's well-being will be improved or that their progress or their healing will be improved if their family also has treatment.... It's all focused on the veteran.
I have to give the department credit. It does its very best for families. If it can link it to the veteran's treatment, it does. As soon as there's a family breakdown or a divorce or separation, the spouse and possibly the children are no longer eligible to be part of the veteran's family. If the veteran is not interested in being treated or doesn't want to have their family included, the family doesn't have that access.
When the veteran dies, the family is immediately cut off. It is truly heartbreaking to witness. This happened to me at a town hall. The only thing I could say to this widow is that the law says that it has to be for the veteran. This is legislation. You can't ask the department to break the law, but that is very cold comfort to a widow.
:
Thank you, Madam Chair.
Thank you, Colonel Jardine and Mr. Schippers, again, for being here. We really appreciate your input today.
Coming back to the “Spotlight” report, I'm struck by the number of recommendations that have been implemented. I see this as an encouraging sign—as I'm sure you do—that governments have listened and sought to action the recommendations of your office.
Of course, I'm aware that there are some recommendations that are outstanding and that there's still more work to do. Can you briefly help us understand how you arrived at these recommendations?
:
Thank you, Madam Chair.
If I understand correctly, we're at a turning point, so it might be a good time to review the act.
I also understand that we have to do some soul-searching when it comes to veterans' contributions. That way, we could set priorities based on Colonel Jardine's recommendations.
I'd like to ask Colonel Jardine if she has any recommendations for us. There were 35 of them 10 years ago. What would be the top five recommendations to present to the new ? What should we urgently be doing in the coming months?
I think a cultural shift is needed so that veterans' families don't have to go through what they're currently experiencing. I have absolutely no personal experience in that area, but I was a caregiver for 15 years. What I'm hearing is that, when the family situation changes, the person who was in the Canadian Forces ends up alone and is no longer part of it. It's as if it no longer exists. Surely there's something else we could assess. That said, I'm really moved by the situation.
Colonel Jardine, since I don't have enough time to let you answer my questions, I invite you to submit to us, in writing, what the priority should be. That will enable us to help you as much as possible. We want to prevent certain situations from repeating and keep people from having to file complaints with your office.
What do you think?
I want to follow up on just a couple of things.
A couple of people have raised the issue around the mental health piece for veterans' families specifically. You've had the opportunity to talk about it a bit today, but there's one thing that I don't think I've heard. You've mentioned that there needs to be legislative change. What would you recommend that change should be?
Are you simply indicating that we need to ensure that, whether the veteran is still with us or not, the family has access? Or is it broader than that? Is just opening up the access a little more loosely?
:
I just wanted to follow up on a question I'd asked you earlier. We were talking about the PCVRS contract, and I asked you about the follow-up that happens when people are referred back to VAC. You've mentioned several times today—and I think it's a worthwhile goal—that you're trying to connect them back into VAC, because there is going to be that relationship for a lifetime, and you want to see that relationship repaired.
Is there a chance that your office may be inadvertently contributing to that sanctuary trauma or institutional betrayal that people feel? I know that your goal is certainly not to do that, but I worry that it might be happening inadvertently. I'm concerned when I hear “unless the veteran kind of gets back to us, we don't necessarily...”. There isn't really a follow-up there.
I'm not sure that I know what to suggest it should be, but I'm concerned. When you say that you're reviewing the complaints you receive within 60 days in most cases, would a review consist of something like this? Would it be referring them back to the department? Would that conclude the review? If a veteran comes to you for help, does a follow-up occur?
The Merlo Davidson class action lawsuit was about the RCMP women who filed a class action lawsuit about sexual misconduct on the job. The settlement provided six levels of compensation. The law says that Veterans Affairs cannot compensate you twice for the same condition. These women put in their disability pension applications and indicated very honestly whether they had received settlement from the Merlo Davidson class action. The department was obligated to reduce their disability pensions by the amount of their settlement.
We heard these complaints. They were brought to us by the RCMP Women Veterans Council.
We did a deep dive into the entire settlement, including the construct of the settlement and for what it was meant to compensate. We found that the first two levels were absolutely not meant to compensate for chronic conditions. The disability pension provides compensation to veterans for chronic conditions, so there was a clear conflict there. On the remaining levels, the department had never provided any rationale for what degree of offset they would take.
I wrote a letter to the minister outlining all of this. My understanding is that every veteran RCMP woman and former RCMP officer was contacted by the department and that whatever needed to be done to resolve that unfairness was done.
:
Thank you, Madam Chair.
I'll make a confession to you. I think it's the loneliest time in my life when I drop off my kids and I'm leaving to come to Ottawa. I feel that because I've learned through my children that they spell “love” as “T-I-M-E”.
Through your testimony today, you shared your separation and being away from your son. We acknowledge your service. I want you to know that this committee truly does mean it, because we understand what you have endured and what you have done for not only our country but also your son.
I want to say thank you on behalf of the committee. We appreciate it.
Some hon. members: Hear, hear!
:
I'm sure we'll see each other again, so see you next time.
Committee members, I'd like to remind you that the deadline for submitting your witness lists for the study on suicide prevention among veterans is Friday, September 26, at 4 p.m. You can email your lists to the clerk.
I'd also like to note something else.
[English]
We are working towards our study on experience of our Black veterans, so you will receive notification of that.
Just to confirm, our has accepted our invitation and will be here on October 21.
[Translation]
With that, is it the will of the committee to adjourn the meeting?
Mr. Richards, I see your hand up.
:
Just before we do, I want to put this publicly. I've expressed this to Mr. Casey, but I've also expressed it to the personally.
I will express it here that we are disappointed, obviously, that she has not agreed to come prior to the break week in October, as we had asked, and that she's only offering to come for one hour rather than two, as the committee had asked.
That is extremely disappointing, especially for a new . There are lots of questions.
I wanted to put that on the record. I think it's important that we do that.