June 1, 2009
Her Excellency the Right Honourable Michaëlle Jean, C.C., C.M.M., C.O.M., C.D. Governor General of Canada
Rideau Hall
1 Sussex Drive
Ottawa, Ontario
K1A 0A1
Dear Your Excellency the Right Honourable Michaëlle Jean, C.C., C.M.M., C.O.M., C.D. Governor General of Canada
SUBJECT: RENOUNCEATION OF MILITARY MEDALS DUE TO THE CONTINUED LACK OF ACTION BY THE FEDERAL GOVERNMENT TOWARDS DISABLED VETERANS OF THE CANADIAN FORCES & RCMP
My name is Dennis Manuge. I am a disabled veteran of the Canadian Forces and also the representative plaintiff for, DENNIS MANUGE v. HER MAJESTY THE QUEEN and the lone plaintiff for, DENNIS MANUGE v. AGC. These legal actions are a last resort to recover almost $500 million that has been illegally stolen (clawed back) by the federal government and the Department of National Defence from an estimated 6500 disabled veterans like myself. The case is known in media and political circles as the SISIP Clawback.
The Class Action:
The Class Action was initiated in March of 2007 on behalf Dennis Manuge and all other disabled veterans who’s SISIP Long Term Disability Benefits are reduced by the amount of the monthly VAC Disability Pension they receive under the Pension Act.
On May 20, 2008, the Federal Court of Canada certified the claim as a Class Action and defined the Class as follows:
All former members of the Canadian Forces whose long term disability benefits under the SISIP policy number 901102 were reduced by the amount of their VAC disability benefits received pursuant to the Pension Act from April 17, 1985 to date.
The effect of the certification of this claim cannot be understated. Upon certification, the claim changed from one individual pursuing litigation against the Government of Canada alone to in excess of 6500 disabled veterans pursuing the Government of Canada for their collective losses.
You should know that the government has already spoken and voted to end this practice in parliament on November 7, 2006. The vote in the house to support Mr. Peter Stoffer’s private bill was 154 yeas to 111 nays. No action by the government.
I, along with another disabled Veteran, my lawyer, and the Royal Canadian Legion Command, addressed the Senate Sub-Committee on Veterans Affairs on May 7, 2008. Subsequently, that committee released a report on June 18th, 2009, titled, Report on Reductions of Services Income Security Insurance Plan Long Term Disability Benefits. Below is an excerpt from their report;
FINDINGS
This is an exceedingly complex issue, but the Subcommittee worked hard to maintain a focus on the central question as to whether the current method of reducing veterans’ SISIP LTD benefits was fair. We have concluded it is not.
The DND and CF Ombudsman’s Special Report of October 2003, presents an in-depth study of this issue and we are pleased to note that it comes to the same conclusion as we have. It too judges the SISIP LTD reductions to be unfair.([7]) In fact, all witnesses who appeared before us, with the exception of witnesses from the Department of National Defence (DND), felt the reductions were indeed unfair.
The Ombudsman’s report delivered five recommendations, three of which have been implemented. Regrettably, DND has chosen not to move ahead with the two principal recommendations that call for an immediate end to SISIP LTD reductions and the reimbursement of Veterans who were subject to such reductions since 2000.
During our study of this issue DND was asked to provide two items of background information. First, they were asked for the average SISIP LTD payment for the past fiscal year. Second, they were asked to calculate the cost of reimbursing all Veterans whose SISIP LTD benefits had been reduced, since 1976. Both requests were made when DND witnesses appeared before us on 30 April 2008. At the time of publication of this report, DND had not yet replied.
FUTURE ACTION
The Subcommittee is concerned about all the Veterans who, since 1976, have had their SISIP LTD benefits reduced. We will revisit the complex issue of reimbursement later this year, when DND has provided the information requested.
RECOMMENDATION
That the government immediately cease the practice of reducing SISIP LTD benefits awarded to veterans, by the amount received in a Pension Act disability pension.
As mentioned earlier in this letter, your Excellency, our legal action is a last resort. Since the DND Ombudsman’s original report (October 2003) calling for an end to this unfair clawback, we have had nothing but support and understanding towards our cause from everyone except the government of this country. Pat Stogran, the VAC Ombudsman, has overtly supported this cause on his official website as well.
“The SISIP Long Term Disability Plan is administered by the Canadian Forces, and so technically these claw backs fall outside my mandate. However, since there is no doubt in my mind that the National Defence and Canadian Forces Ombudsman has researched this issue with all the thoroughness and rigour that we in the Office would, I have no hesitation at all to echo the Ombudsman’s condemnation of this unfair treatment. Additionally, since Veterans Affairs Canada uses the same calculation formula to determine Earning Loss benefits—a program that guarantees 75 percent of pre-release salary while a Veteran takes part in the Rehabilitation Program—I have exercised my formal obligation to our stakeholders by asking the Department to review the way it calculates the Earning Loss benefits. We intend to track this matter very, very closely.”
(Pat Stogran-VAC Ombudsman)
Here is a list of who has supported an end to this unjust and illegal practice;
Andre Marin, Yves Cote, former DND Ombudsman
Pat Stogran, VAC Ombudsman
Parliament of Canada, vote November 2006
The Royal Canadian Legion Command
The Senate of Canada
McInnes Cooper (Peter Driscoll) my legal representative
Now we are being stalled at every turn in court, and will appear before the supreme court of Canada to argue the de-certification of our action in the federal court of appeals. To what end? We will win eventually. The government needs to do the right thing now. The issue some say is complex is not really a complex issue at all. It is about fundamental fairness and doing the right thing on behalf of those of us souls who were willing to “sign a blank cheque made out to the people of Canada for an amount up to and including our lives.”
As the Queen’s Representative for Canada and your “commander in chief” role for our forces I am choosing to write to you in hopes that you will become an outspoken advocate for our cause and the other very serious issues before the courts related to Veterans.
Since the implementation of the New Veterans Charter things have not changed. The government would have us believe that the above practice no longer takes place; however, the same clawback applies when veterans apply for the Earnings Loss Benefit. (See
http://www.ombudsman-veterans.gc.ca/reports-rapports/discussions/090204-discussion-eng.cfm)
In protest towards the government of Canada’s lack of action, please accept my military medals, acquired during my nine and a half years service, as I no longer respect the government of Canada, the bureaucrats who really run things, nor the institution (DND) that presented me with them. I am ashamed of my oath of allegiance to Queen and Country, when so many of us have not had that same allegiance in return. The lies, denials, and lack of action by the government of Canada need to come to light. My medals will accompany this letter.
If you and your office require further information on this issue please contact any or all of the following:
Peter Stoffer, MP Sackville Eastern Shore of NS
Peter Driscoll, Attorney McInnes Cooper, Halifax NS
Pat Stogran, VAC Ombudsman
Sincerely and respectfully
Dennis Manuge
32 Isaac’s Place
RR#2 Site 10A Box 0
Head of Chezzetcook, NS
B0J 1N0
(902) 827-4807
Cell- 499-0656
dmanuge@eastlink.cadennis.manuge@mobility.blackberry.net References
click on Court Number for additional information and 'RE' for Recorded Entry information
Court Number
Style of Cause
Nature of Proceeding
'RE'
T-296-09
DENNIS MANUGE v. AGC
S. 18.1 Application for Judicial Review
RE
click on Court Number for additional information and 'RE' for Recorded Entry information
Court Number
Style of Cause
Nature of Proceeding
'RE'
T-463-07
DENNIS MANUGE v. HER MAJESTY THE QUEEN
Others - Crown (v. Queen) [Actions]
RE
RCMP CASE
click on Court Number for additional information and 'RE' for Recorded Entry information
Court Number
Style of Cause
Nature of Proceeding
'RE'
T-479-09
A. GERARD BUOTE v. AGC
S. 18.1 Application for Judicial Review
RE
click on Court Number for additional information and 'RE' for Recorded Entry information
Court Number
Style of Cause
Nature of Proceeding
'RE'
T-889-08
A. GERARD BUOTE v. HER MAJESTY THE QUEEN
Others - Crown (v. Queen) [Actions]
RE
