CANADIAN  VETERANS AGAINST SECTION THIRTY-ONE

CVAST

            COURT CHALLENGE

PLEASE READ NOTE AT END OF THIS PAGE FIRST

Printed from www.thewhig.com web site November 02, 2005.

High-profile lawyer joins fight against 'gold-digger' clause.  By Ian Elliot

Local News - After 10 years of fighting the federal government's "gold-digger" pension clause on his own, a retired Kingston major may get his day in court to argue the law is unfair.  Sparked by a recent article in The Whig-Standard about Reg Warkentin's long battle, Toronto lawyer David Baker is mounting a court case on his behalf arguing the law contravenes the Canadian Charter of Rights.  Court papers have yet to be filed but Baker, one of Canada's foremost human rights and Charter law specialists, hopes to have the legislation struck down.  The contentious clause denies pension and death benefits to spouses of former military personnel who get married after the age of 60.  Warkentin married his wife, Hilde, when he was 62. 

   The legislation dates to 1908.  Its name comes from the fact legislators were trying to prevent young women from marrying aging Boer War veterans solely to collect their pensions after the old soldiers died.  It remains in force, however, and the surviving spouse of a military retiree isn't entitled to keep collecting a portion of his or her pension, or qualify for dental and health benefits, if they married when the pensioner was over the age of 60.  Warkentin said yesterday he was pleased to have Baker take the case.  "I've been fighting this for 10 years and here it is, just Hilde and I against the government," he said.  "I'm interested in seeing where this will go."

   Christine McMillan, president of the Frontenac-Kingston Council on Aging, contacted Baker after seeing the newspaper story last month and deciding it was an issue on which the council should take a position.  She noted the provision unfairly penalizes older women in particular as they form the majority of surviving spouses.  There are an estimated 21,000 military widows in the country, although only a minority are excluded due to the age at which they married.  "The role of the council is to be a watchdog on senior's issues, and this is unequal treatment as far as I am concerned.  The legislation is particularly unfair to women," McMillan said.  The council hopes to tap into a special fund established to allow ordinary citizens to mount Charter challenges without risking huge legal bills.  It has already started to solicit and collect letters in support of Warkentin's cause to show it's an issue of concern to a large number of people.  McMillan said the pension limitations are a slap in the face to veterans, particularly in the year the federal government set aside to honour them.  "The Year of the Veteran is almost over and here we are: They don't even get free parking in downtown Kingston and their spouses don't get benefits if they got married over the age of 60," she said.  "It's ludicrous."  Warkentin noted the case has been argued unsuccessfully before the courts previously but on different grounds than Baker plans to use this time.  The Canadian Human Rights Commission has also expressed interest in fighting the pension rule but couldn't challenge it as the legislation predated the commission's existence.  A private member's bill from a B.C. Conservative MP has also been introduced in the House of Commons.  That bill, though, has little chance of passing before the next federal election.  Warkentin, a retired Signals officer, is setting up a website to publicize his case and is using regimental and veterans' organizations to get the word out about the issue.  He also observed that it's not uncommon for a person to marry or remarry at a later age these days and said as time goes on, a larger number of people will be affected by the pension limitation.  He hopes the government will rewrite the pension rules without a court fight, although that could force it to compensate a number of spouses who were denied the benefits as a result of the rule.

NOTE: A fund has been set up in case a court battle will be necessary.  It is administered by the Signallers Club of Canada.  If you are affected by CFSA 31(1), you should consider donating to this fund.  Any moneys left over or not used, will be donated to the Communications and Electronics Museum for their Education Fund.  Receipts will be issued upon request.  We thank those that have already donated.

PLEASE NOTE

Finally, if you are affected by CFSA 31 (1), please contact Defence Minister Gordon O'Connor at the House of Commons, Ottawa, Canada.  As you all know by now, the Court Challenge Program is dead.  This means that there are not sufficient private funds to carry on with a court case. We hope that the Government carries on with its plan to "check out" the feasibility of eliminating CFSA Sec 31 (1) to the benefit of all widows.

Thanks, Reg Warkentin