Has Veterans Affairs created the opportunity for massive fraud with their Sexual Assault Class Action Suit?

[George Wallace]

I have a friend, who is being Charged for Sexual Assault, stemming back to the 1990's when she was a Clerk in Petawawa, married and living in PMQs. The Charges are being laid by another female Clerk, who is now a lawyer in California (and an indication of how easy it is to become a lawyer in California which has me wondering about the US Election...But that is another story). The applicants in this Class Action are looking at CDN$50,000 payouts, with no burden of proof necessary. This has become a nightmare for my friend. It all was initiated by that former Clerk/lawyer through the MP Section in Victoria. The MP in Victoria has had my friend Charged, had her passport confiscated, she was labelled as a "Flight Risk" and not to leave Ontario, she is no longer permitted entry to the US, and is racking up legal fees to address these accusations.
Now, I am not all that clear on all the details and legalese involved; but this exemplifies the fact that there are fraudsters out there capitalizing on ill-planned policies being created by this Government in both the Canadian Armed Forces and Veterans Affairs. It has even garnered international attention, as an example of "The Cobra Effect".

The Cobra Effect

When Good Intentions Fuel Bigger Problems

phillipmillar.beehiiv.com

 

[daftandbarmy]

I have a friend, who is being Charged for Sexual Assault, stemming back to the 1990's when she was a Clerk in Petawawa, married and living in PMQs. The Charges are being laid by another female Clerk, who is now a lawyer in California (and an indication of how easy it is to become a lawyer in California which has me wondering about the US Election...But that is another story). The applicants in this Class Action are looking at CDN$50,000 payouts, with no burden of proof necessary. This has become a nightmare for my friend. It all was initiated by that former Clerk/lawyer through the MP Section in Victoria. The MP in Victoria has had my friend Charged, had her passport confiscated, she was labelled as a "Flight Risk" and not to leave Ontario, she is no longer permitted entry to the US, and is racking up legal fees to address these accusations.
Now, I am not all that clear on all the details and legalese involved; but this exemplifies the fact that there are fraudsters out there capitalizing on ill-planned policies being created by this Government in both the Canadian Armed Forces and Veterans Affairs. It has even garnered international attention, as an example of "The Cobra Effect".

The Cobra Effect

When Good Intentions Fuel Bigger Problems

phillipmillar.beehiiv.com

View attachment 88684

That's awful and, likely, the only recourse she has is to 'lawyer up'.


Fraudulent ambulance chasing is a thing, as reported recently in the UK about this pariah...

Former human rights lawyer admits fraud over Iraq war claims​

Phil Shiner sought up to £200,000 of legal aid funding to represent clients including Khuder Al-Sweady

Former human rights lawyer admits fraud over Iraq war claims

Phil Shiner sought up to £200,000 of legal aid funding to represent clients including Khuder Al-Sweady

www.theguardian.com

 

[George Wallace]

That's awful and, likely, the only recourse she has is to 'lawyer up'.


Fraudulent ambulance chasing is a thing, as reported recently in the UK about this pariah...

Former human rights lawyer admits fraud over Iraq war claims​

Phil Shiner sought up to £200,000 of legal aid funding to represent clients including Khuder Al-Sweady

Former human rights lawyer admits fraud over Iraq war claims

Phil Shiner sought up to £200,000 of legal aid funding to represent clients including Khuder Al-Sweady

www.theguardian.com

The Investigative Media has taken an interest in this, so there likely will be something in the coming year on it.

 

[brihard]

I have a friend, who is being Charged for Sexual Assault, stemming back to the 1990's when she was a Clerk in Petawawa, married and living in PMQs. The Charges are being laid by another female Clerk, who is now a lawyer in California (and an indication of how easy it is to become a lawyer in California which has me wondering about the US Election...But that is another story). The applicants in this Class Action are looking at CDN$50,000 payouts, with no burden of proof necessary. This has become a nightmare for my friend. It all was initiated by that former Clerk/lawyer through the MP Section in Victoria. The MP in Victoria has had my friend Charged, had her passport confiscated, she was labelled as a "Flight Risk" and not to leave Ontario, she is no longer permitted entry to the US, and is racking up legal fees to address these accusations.
Now, I am not all that clear on all the details and legalese involved; but this exemplifies the fact that there are fraudsters out there capitalizing on ill-planned policies being created by this Government in both the Canadian Armed Forces and Veterans Affairs. It has even garnered international attention, as an example of "The Cobra Effect".

The Cobra Effect

When Good Intentions Fuel Bigger Problems

phillipmillar.beehiiv.com

View attachment 88684

I’m a bit confused, George; are you talking about the CAF/DND sexual midconduct class action settlement? You’ve thrown me a bit by referring to VAC in the mix with this.

 

[Blackadder1916]

. . . It has even garnered international attention, as an example of "The Cobra Effect".

The Cobra Effect

When Good Intentions Fuel Bigger Problems

phillipmillar.beehiiv.com

If the link is an example of "international attention", the author of that blurb identifies himself as "The Rogue Lawyer" and, in addition to being a veteran (he's a Roadie and ex-infantry), is from London ON. I thought the only rogue in London was "The Regimental Rogue". I guess it's as easy for ex-military to become a lawyer in Ontario just as in California.

Phillip Millar - The Rogue Lawyer and Business Consultant

Veteran. Entrepreneur, Lawyer, Consultant

phillipmillar.com

Member | Law Society of Ontario

Find a lawyer's practicing status, discipline history & restrictions on practice. Search the Lawyer & Paralegal Directory by name, city or postal code. Find a paralegal's practicing status, discipline history & practice restrictions

lso.ca

I’m a bit confused, George; are you talking about the CAF/DND sexual midconduct class action settlement? You’ve thrown me a bit by referring to VAC in the mix with this.

I was also a little thrown why he referred to it as VAC, however there is a VAC component to the settlement.

https://www.caf-dndsexualmisconductclassaction.ca/en/faq#8

 

[brihard]

I was also a little thrown why he referred to it as VAC, however there is a VAC component to the settlement.

https://www.caf-dndsexualmisconductclassaction.ca/en/faq#8

Yes- in the sense that a Class C claimant can only claim if they did not receive VAC benefits for the sexual misconduct.

Also, claims for this settlement closed quite some time ago, I’m confused trying to match the story told to how the class actions works and that’s why I think I must be missing something.

 

[George Wallace]

I’m a bit confused, George; are you talking about the CAF/DND sexual midconduct class action settlement? You’ve thrown me a bit by referring to VAC in the mix with this.

The person being Charged that I know, has indicated that she is a victim of a VAC policy that is awarding persons who were victims of Sexual Assault/Harassment CDN$50,000, with no burden of proof. She is involved in a case dating from the 1990's in Pet, where a female coworker of hers in the Regimental OR has brought forward a claim of Sexual Assault. The accuser is now a lawyer in California. The Charges were laid by an MP in Victoria. The accused is in Ottawa.
I can not find the links to VAC policy that brought this "Payout" about. I have found one case in NS where a payout of $84,203 was made in late 2023 through VAC: https://www.cbc.ca/news/canada/nova-scotia/critical-injury-benefit-military-sexual-trauma-1.7041663

 

[Jarnhamar]

Yes- in the sense that a Class C claimant can only claim if they did not receive VAC benefits for the sexual misconduct.

Does that include a claimant not receiving a pain and suffering benefit for a diagnosis stemming from sexual misconduct. PTSD or Trauma and Stressor Related Disorder for example?

 

[George Wallace]

With a little more research, this is the VAC Schedule "T"

Schedule "T" - VAC web-portal notice | Veterans Affairs Canada

If you are a survivor of sexual misconduct in connection with your military service in the Canadian Armed Forces you should read this notice.

www.veterans.gc.ca

 

[brihard]

The person being Charged that I know, has indicated that she is a victim of a VAC policy that is awarding persons who were victims of Sexual Assault/Harassment CDN$50,000, with no burden of proof. She is involved in a case dating from the 1990's in Pet, where a female coworker of hers in the Regimental OR has brought forward a claim of Sexual Assault. The accuser is now a lawyer in California. The Charges were laid by an MP in Victoria. The accused is in Ottawa.
I can not find the links to VAC policy that brought this "Payout" about. I have found one case in NS where a payout of $84,203 was made in late 2023 through VAC: https://www.cbc.ca/news/canada/nova-scotia/critical-injury-benefit-military-sexual-trauma-1.7041663

So, it was investigated by police and a charge laid. That’s not a threshold of zero to have happen.

$50k is too clean and round a number for anything VAC related. That would potentially fit the class action, but as she was CAF, only in the context of a “high harm” sexual assault / sexual activity where there could not be consent.

I’m not super confident that your friend has a full grasp of what process is or isn’t involved here. You’re also, of course, only receiving one side of the story. Historical sexual assault allegations don’t have a resounding rate of success in court, and the accuser being a lawyer would certainly know that.

I don’t know the parties involved or any more of the story, but I’m not super sold on the account that you’ve been given for the one party.

And, just to make clear- yes, fraudulent allegations and claims can and do happen. A close friend of mine was the victim of one; we believe exactly for the purpose of a class action payout. He was ultimately cleared both criminally and administratively, t it took a real toll on him. So yes I believe it’s possible.

Does that include a claimant not receiving a pain and suffering benefit for a diagnosis stemming from sexual misconduct. PTSD or Trauma and Stressor Related Disorder for example?

From the class action website:

Category C compensation is more limited. One of the goals of the agreement is to ensure that survivors apply for and receive the VAC benefits to which they are entitled. Category C compensation is intended to ensure that individuals who have diagnosed medical conditions but who are not eligible for or who have been denied entitlement to VAC disability benefits for one reason or another may receive some additional compensation for service-related medical conditions lasting more than six months. Category C payments will mostly be limited to current and former DND and SNPF employees who are not eligible for benefits through VAC. There may, however, be some exceptional circumstances where Category C compensation is payable to current or former CAF members who are not eligible for or who have been denied benefits from VAC for a medical condition that lasted more than six months.

 

[George Wallace]

So, it was investigated by police and a charge laid. That’s not a threshold of zero to have happen.

$50k is too clean and round a number for anything VAC related. That would potentially fit the class action, but as she was CAF, only in the context of a “high harm” sexual assault / sexual activity where there could not be consent.

I’m not super confident that your friend has a full grasp of what process is or isn’t involved here. You’re also, of course, only receiving one side of the story. Historical sexual assault allegations don’t have a resounding rate of success in court, and the accuser being a lawyer would certainly know that.

I don’t know the parties involved or any more of the story, but I’m not super sold on the account that you’ve been given for the one party.

And, just to make clear- yes, fraudulent allegations and claims can and do happen. A close friend of mine was the victim of one; we believe exactly for the purpose of a class action payout. He was ultimately cleared both criminally and administratively, t it took a real toll on him. So yes I believe it’s possible.

You are absolutely correct, that I am only getting part of the story and am definitely not knowledgeable in all the facts and legalities. What I have got from her, is that her lawyer has found, with Disclosure, that there are numerous contradictions in the testimony. To me, her's is one screwed up case of false accusations and fraud......Again, an opinion from a second or third hand view.