Protect Canadian Soldiers from intentional wrongdoings through changes to CLPA and Pensions Act

Soldiers are barred from taking legal action against Department of National Defense for intentional mistreatment or injuries.

Should the DND have carte blanche to do whatever it wants to its soldiers. Hazing, intentional poisoning exposure to radiation, beatings at the hands of the military cannot go unpunished. Sections 8 and 9 of the Crown Liability give the government a sweeping immunity from civil action. Section 111(2) of the pension act state that in any action not barred by section 9 of the CLPA the plaintiff must seek a pension.

This is where the problem lies, there are no pensions available for how an injury was caused only for the injury itself. This means that if a soldier is tortured by his own soldiers he has no legal recourse, even if it sanctioned by the DND and the fact that it was done intentionally is irrelevant.

There is no pension available that deals with negligence, Breach of fiduciary duty or intentional mental suffering. The fact that DND has intentionally used soldiers as human guinea pigs in nuclear testing is an issue that will never be allowed to be litigated in a courtroom. But rest assured those suffering from a host of physical disabilities will have the option of getting a pension.

One that the Canadian Government has already set forth in the Table of Disabilities To simply ask the DND to shape up and stop mistreating its soldiers when it has a law that protects it from having to do so simply will not work. Its like asking a factory to comply with pollution standards and in the same breath telling them its okay if they decide not to. Will that have them install the proper controls at their own expense?

Only by making the military financially responsible to enforce the policies in place will they actually feel compelled to. The current system is designed to keep soldiers quiet about injustices that otherwise would be reported.

Every soldier accepts the risks inherent when they sign their service contract. It says they accept unlimited liability. However most are unaware that leaves them unprotected against things that are completely outside of the scope of their military duty.

Falling off a tank or being killed in training or overseas are one thing but being beaten or poisoned by your comrades with full knowledge of your superiors is not the sort of thing a soldier needs to be afraid of while he does his duty to his country.