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News Release

FOR IMMEDIATE RELEASE

Ombudsman Launches New Investigation into the Treatment of Injured Reservists In Releasing his 2005-2006 Annual Report

Ottawa, June 6, 2006 – The Department of National Defence and Canadian Forces Ombudsman, Yves Côté, today released his 2005-2006 annual report, entitled Dedicated to Fairness. In making public his annual report, the Ombudsman also launched a new systemic investigation into the treatment of Canadian Forces Reservists focusing, in particular, on the care and support they receive prior to, during, and after operational deployments.

In his annual report, the Ombudsman noted that the office handled and closed 1,634 cases in 2005-2006, including new cases and cases carried over from previous fiscal years. “These successes at the individual level are critical but, given that they do not generate headlines, they are all too often overlooked,” stated Mr. Côté.

The annual report also details the progress that was made over the course of the past fiscal year by Ombudsman investigators on a number of major files and investigations. For example, in November 2005, the Ombudsman issued a report, For the Sake of Fairness, recommending that Mr. Clifton Wenzel, who retired from the Royal Canadian Air Force in 1961 after more than twenty years of military service, be compensated, with utmost urgency, for the pension that was denied him. The Ombudsman also pressed the Minister of National Defence (and previous Minister) publicly to implement the two outstanding recommendations from a previous investigation regarding the Service Income Security Insurance Plan.

The office is also finalizing a number of substantial investigations, and will be releasing reports in the coming weeks, on the Canadian Forces recruiting system; the treatment of members from 1 Combat Engineer Regiment who came forward with health concerns related to their deployment to Kuwait in 1991; the progress made by the Canadian Forces in addressing operational stress injuries; and the treatment of a group of Canadian Forces snipers that were deployed to Afghanistan in 2002.

“I feel profoundly fortunate to have the opportunity to help bring about real, positive and lasting change for the men and women of the Canadian Forces and Department of National Defence who give so much of themselves in service to Canada and Canadians,” stated Mr. Côté. He added, “Through the dedicated efforts of our entire office, we will continue to work to ensure the fair and equitable treatment of concerns raised by members of the Defence community.”

In his annual report, the Ombudsman also reports on his visits to more than a dozen Canadian Forces bases, wings, schools and other facilities across the country. During these visits, the Ombudsman had the opportunity to see, first-hand, the work performed by Canada’s men and women in uniform and to speak to them informally about their concerns. The Ombudsman also met with key members of the extended military family – including chaplains, social workers, health care specialists, union representatives and Military Family Resource Centre staff – to get a sense of the work they do and the challenges they face.

“I believe that the men and women of the Canadian Forces are genuinely energized,” said the Ombudsman. He added, “They feel a new sense of purpose and considerable pride in serving their country and there is widespread recognition that significant progress has been made in recent years, particularly in the areas of pay and benefits.”

At the same time, Mr. Côté noted, “It is clear that there are some critical pressure points within the Department and the Canadian Forces. Almost everywhere I went, I heard members of Defence community say that they are operating at, or even beyond, the limits of their capacity.” He added, “There is no question that the organization is severely stressed at the moment.”

One area of particular concern identified by the Ombudsman in his annual report was the treatment afforded to Canada’s Reservists who are being called upon more and more to help the Canadian Forces deliver on its mandate. More specifically, the Ombudsman’s concerns centred on the lack of services and inconsistent care available to members of the Reserve Force when they are injured during training exercises or while deployed on international operations such as the current mission in Afghanistan.

In launching the office’s first systemic investigation involving Canada’s Reserve Force, Mr. Côté stated, “It appears Reservists from across the country who are injured in the course of their duties, whether it’s here in Canada or while deployed internationally, face a host of challenges regarding adequate and ongoing medical care that Regular Force members do not.” The Ombudsman noted, “The Canadian Forces cannot have one standard for all military members when it comes to risking your life but different standards of care for those that are injured serving their country.”

The investigation, which will begin in the next few weeks, will focus on how Canadian Forces Reservists are treated throughout the deployment process, including: how they are selected for participation in an operation; how they are treated while they are deployed and when they come back; how they are assessed from a medical perspective when they return from an operation; the type and standard of care that is available to injured Reservists; and the mechanisms that are in place to track long term symptoms of illness.

Additional information on the Ombudsman’s new systemic investigation regarding the treatment of Canadian Forces Reservists can be found in the attached backgrounder or online at the following address: www.ombudsman.forces.gc.ca.

The 2005–2006 Annual Report of the National Defence and Canadian Forces Ombudsman is available online at the following address: www.ombudsman.forces.gc.ca.

For additional information, please contact:

Darren Gibb
Director of Communications
Office of the Ombudsman
Tel.: (613) 992-6962

Michelle Laliberté
Communications Advisor
Office of the Ombudsman
Tel: (613) 995-8643

Office of the Ombudsman Investigation into the Treatment of Canadian Forces Reservists

Overview of the Investigation

The Office of the Ombudsman will conduct a systemic investigation into the treatment of Canadian Forces Reservists, with a particular focus on those Reservists that are injured in the course of their service to Canada and Canadians. This is the first systemic investigation undertaken by the Office of the Ombudsman involving Canada’s Reserve Force.

Rationale for the Investigation

Reserve Force members are being called upon more and more to assist the Canadian Forces in delivering on its mandate. This includes providing support to the Regular Force during crises and natural disasters in Canada as well as critical augmentation to increasingly dangerous and demanding international missions such as the current operation in Afghanistan. Indeed, approximately ten percent of the current Canadian Forces contingent in Afghanistan are Reservists.

The importance of Canada’s Reserve Force was highlighted by the Government of Canada’s commitment to recruit and train an additional 10,000 Reservists over the next few years.

Reservists are increasingly important to the overall effectiveness of the Canadian Forces. However, it appears that a number of Reservists who have been injured in the course of their duties, whether it was here in Canada or while deployed internationally, have faced a host of challenges regarding access to timely, adequate and ongoing medical care that Regular Force members do not. This potentially constitutes a significant inequity in Canada’s military.

The Office of the Ombudsman has encountered a number of cases and examples of Reservists receiving a different standard of care in the course of other investigations and in meetings that Ombudsman investigators have had with Regular and Reserve Force personnel at all levels.

Entitled to a Lesser Standard of Care…?

A Reservist suffered a knee injury while serving in Afghanistan in July 2004. He returned to Canada in August 2004 and his full-time contract expired the following month. When the Reservist sought treatment for his injury, it was denied because his contract had expired. The Canadian Forces agreed to do an investigation to determine what happened in Afghanistan as there was no mention of the injury in the Reservist’s personnel record. It appears that the results of this investigation were never disclosed to the Reservist. From August 2004 to March 2005, the Reservist was unemployed and unsuccessful in obtaining employment compensation and medical care.

In early 2006, the Reservist was awarded a ‘Class B’ contract with the Canadian Forces that allowed him access to military medical care. Shortly after a knee operation related to his Afghanistan injury, he was given medical leave. During the leave period, the Reservist received a call from his commanding officer who told him to take an extra two weeks of leave. However, the Reservist later discovered that these two weeks had been taken out of his annual leave allotment. The case is ongoing.

Unlike their Regular Force counterparts, Reservists generally do not return from an operation to a formed unit where they would have access to caregivers, support programs and systems (e.g., the Return to Work Program) and administrative assistance. Instead, many Reservists return home and are absorbed into mainstream society, effectively severing their ties to the military establishment.

This means that if a Reservist suffers a service-related mental injury (i.e., an operational stress injury including post-traumatic stress disorder) or physical injury that develops subsequent to their return from an operation, they may be denied access to immediate and/or more specialized care. It also means that, should a Reservist opt to apply to Veterans Affairs Canada for disability compensation, he or she may encounter difficulties in gathering the required documentation to support his or her claim. Finally, it is significant to note that, if a Reservist suffers a serious injury, he or she may face a loss of wages or even a loss of their civilian employment as a result. Regular Force members, however, are entitled to uninterrupted pay throughout a medical leave period.

In launching the office’s first systemic investigation involving Canada’s Reserve Force, Mr. Côté stated, “The Canadian Forces cannot have one standard for all military members when it comes to risking your life but different standards of care for those that are injured serving their country.”

Focus of the Investigation

The investigation will focus, in particular, on how Canadian Forces Reservists are treated throughout the deployment process, including: how they are selected for participation in an operation; how they are treated while they are deployed and when they come back; how they are assessed from a medical perspective when they return from an operation; the type and standard of care that is available to injured Reservists; and the mechanisms that are in place to track long-term symptoms of illness.

Investigative Process

A team of four Ombudsman investigators will be assigned to complete the investigation into the treatment of Canadian Forces Reservists. The investigation will consist of a number of phases, including:

Initial Assessment and Planning – approximately two-four weeks
Data / Evidence Gathering – approximately four-six weeks
Review and Analysis of Data – approximately six-eight weeks
Report Drafting, Consultation and Preparation – approximately eight weeks

Timelines

The investigation will begin in late June and will be completed by December 2006. Findings and recommendations will be made public in early 2007.

Ombudsman’s Office: A Year in Review

The Office of the Ombudsman contributes to substantial and long-lasting change in the Department of National Defence and the Canadian Forces. Over the past year, the office delivered on its mandate and made a positive difference in the lives of the men and women of the Canadian Forces (Regular Force and Reserves), employees of the Department of National Defence and their family members.

Throughout 2005-2006, the office received 1,439 new complaints and 75 requests for information. Over the course of the year, 1,634 cases were handled and closed, including new cases and cases carried over from previous fiscal years. Since the office was established in 1998, it has been contacted more than 10,000 times by members of the Canadian Forces, employees of the Department of National Defence and their families.

The Ombudsman’s annual report provides information on the activities undertaken by the office during fiscal year 2005-2006, as well as an update on issues that were reported in previous years.

Taking Care of the Injured and Disabled

In October 2005, the Ombudsman wrote to the former Minister of National Defence strongly recommending that he implement two outstanding recommendations related to the Service Income Security Insurance Plan. The letter was posted on the Ombudsman’s website in order to keep the Defence community informed. In March 2006, the Ombudsman raised the issue with Defence Minister Gordon O’Connor.

For the Sake of Fairness

In November 2005, the Ombudsman issued a report, For the Sake of Fairness, recommending that Mr. Clifton Wenzel, who retired from the Royal Canadian Air Force in 1961 after more than 20 years of military service, be compensated, with utmost urgency, for the pension that he was unjustly denied. The recommendations received considerable media attention and were supported by the former Minister. In March, the Ombudsman impressed upon the new Minister the need to implement the recommendations without delay.

Finalizing Systemic Investigations

The office made significant progress on a number of substantial investigations over the past year and will be releasing reports, in the coming weeks, on the Canadian Forces recruiting system; the treatment of members from 1 Combat Engineer Regiment who came forward with health concerns related to their deployment to Kuwait in 1991; the progress made by the Canadian Forces in addressing operational stress injuries; and the treatment of a group of Canadian Forces snipers that were deployed to Afghanistan in 2002.

Meeting with the Defence Community

Since he became Ombudsman in August 2005, Mr. Côté has focused on meeting Canadian Forces members and employees of the Department of National Defence across the country. He has traveled to military bases, wings and facilities in Halifax, Shearwater, Bagotville, Valcartier, St-Jean, Edmonton, Cold Lake, Wainwright, Kingston, Petawawa, Shilo, Portage-la-Prairie and Winnipeg. The Ombudsman had the opportunity to see first-hand the work performed by Canada’s military and to speak to the members informally about their concerns.

During these visits, the Ombudsman also met with members of the extended military family – including chaplains, social workers, health care specialists, union representatives and staff from Military Family Resource Centres – to get a sense of the work they do and the challenges they face.

Strengthening Relationships

Since he became Ombudsman, Mr. Côté has also worked to strengthen relationships with senior leadership in the Department of National Defence and the Canadian Forces. To that end, he met with the Ministers of National Defence (former and current); the Chief of the Defence Staff; the Deputy Minister of National Defence; most senior civilian managers and Canadian Forces officers; and the Armed Forces Council.

Reinvigorating the Ombudsman’s Advisory Committee

In the fall of 2005, the Ombudsman reconstituted the Ombudsman’s Advisory Committee, adding five new members: Colleen Calvert, Executive Director of the Military Family Resource Centre in Halifax; Nathalie Des Rosiers, Dean of Civil Law at the University of Ottawa; Clare Lewis, Q.C., a former Ontario Ombudsman; Captain Eve Mallette from the Canadian Defence Academy; and Chief Warrant Officer Mike Nassif, Command Chief Warrant Officer for the Chief of Military Personnel group.

The committee met in November 2005 to discuss, among other things, operations and investigations, outreach and the Ombudsman’s commendations process. In March 2006, the committee gathered to discuss the strategic priorities of the office, the Ombudsman’s long-term communications plan and current operations and investigations.

Professional Development for the Office

The staff of the Office of the Ombudsman have undertaken a number of important initiatives over the past year to strengthen the overall office, including: the development, by the Operations group, of a comprehensive, four-week training program for new investigators; the refinement and implementation of a professional development program (including regular learning seminars); and the completion of an administrative review, overseen by Legal Services, to assess information management and security policies and procedures in the office.

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