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Keeping wounded in CF - merged super-thread

the 48th regulator said:
http://www.winnipegfreepress.com/opinion/letters_to_the_editor/in-defence-of-soldiers-124532974.html


Re: the editorial Military forgets flexibility (June 22). As your chief of the defence staff, I am personally responsible for the sons and daughters of Canada serving in the Canadian Forces and I am fully committed to treating wounded-in-action personnel with respect, fairness and compassion.
"Universality of Service" is an important principle that means all Forces members are sailors, soldiers and airmen and women first and must be capable of performing any duty that may be assigned to them. This allows Canada to maintain the combat-capable force it requires for our security. The Universality of Service principle is reflected in the National Defence Act and explicitly incorporated into the Canadian Human Rights Act.
We will ensure our men and women in uniform who have sacrificed so much receive the very best medical treatment and support possible. Furthermore, I have directed that no service person who has been wounded in Afghanistan be released, unless they have personally initiated the release process themselves. I can also assure you the Canadian Forces provide all wounded-in-action personnel the necessary time and support needed to recover from their wounds. We will also assist them in seeking additional opportunities to transition with confidence to the next phase of their lives.

Gen. Walt Natynczyk
Canadian Forces

© 2011 Winnipeg Free Press. All Rights Reserved.

Funny thing is this direction is not being followed....at all. People who wish to remain in uniform are still being released. One member I know of had the bomb dropped on him/her right before Christmas leave...after just completing ILQ. I have this one printed off and kept for future reference.
 
Bumped w/the latest (from 2 weeks ago, which I somehow missed):
Almost a year after facing a barrage of bad publicity, National Defence is having another look at a policy that ended the careers of gravely injured soldiers who wanted to remain in uniform.

Defence Minister Rob Nicholson has told a House of Commons committee that a working group was set up last summer to study the military’s universality of service rule, which has been used as a pretext to release wounded combat veterans, many of them with post-traumatic stress.

At stake is the delicate balance between an individual’s desire to serve and the need for troops to be fit enough to deploy for operations both at home and abroad, Nicholson said in a seven-page letter to Commons defence committee.

“This working group is examining how the policy can be best applied to retain individuals who are willing and able to serve, while also ensuring the necessary availability of all Canadian Armed Forces personnel to perform their lawful military service,” he said.

“Once this work is complete, the working group will provide recommendations to the chief of military personnel.”

The defence committee conducted a study of care for ill and injured soldiers, and recommended last June that the policy be examined in light of complaints from soldiers who were summarily dismissed after pleading to remain.

Nicholson’s response to the committee’s overall report was quietly tabled in Parliament late last week ....
DefMin's letter in response to committee recommendations here
 
Make better use of the Reserves/Militia.

Keep the skills in the army.  Keep the soldiers in the army.
 
Kirkhill said:
Make better use of the Reserves/Militia.

Keep the skills in the army.  Keep the soldiers in the army.

- Put the injured officers and NCMs in the Recruiting Centres. Take all of the current recruiting staff and post them all to combat arms units for three years.
 
Kirkhill said:
Make better use of the Reserves/Militia.

Keep the skills in the army.  Keep the soldiers in the army.
Perhaps also look at the shops, FMF, R&D outfits, schools, and so on - while those posts might be suitable only for a certain percentage of wounded personnel, I assume that anything helps.

Might keep the number of contractors down, too.
 
TCBF said:
- Put the injured officers and NCMs in the Recruiting Centres. Take all of the current recruiting staff and post them all to combat arms units for three years.

Mobile Infantry made me the man I am today.

latest

 
Kirkhill said:
Make better use of the Reserves/Militia.

Keep the skills in the army.  Keep the soldiers in the army.

You can take the soldier out of the army, but you can NEVER take the army out of the soldier!! I've been out for more than two decades, and I still can't get this shit out of me !!

....still a soldier
 
I have much sympathy for personnel forced out of the military for medical reasons, but keeping more non-deployable personnel within the same manning limits is not an option.  Such a move would only serve to increase the temp of a diminishing number of healthy personnel and, as a result, increase burn-out.

The solution must be better supported transition.  If we (the nation) want guaranteed employment, then there must be guaranteed transfer to the Public Service where deployability is not a necessity.

Expulsions pose risk to wounded veterans
Universality-of-service rule led to more than 1,900 dismissals from Canadian military in 2014 despite mental-health concerns

By RENATA D’ALIESIO
The Globe and Mail
03 Nov 2015

The Canadian military is expelling wounded members at an ever higher rate despite concerns from veterans’ advocates that the dismissals are posing a risk to soldiers’ mental health.

Slightly more than 1,900 members were removed from the military because of medical reasons in the 2014 fiscal year – a 52-percent increase from the year before, according to figures provided by the Canadian Forces.

Meanwhile, a nine-member military working group, created more than a year ago in response to concerns, continues to study possible changes to the universalityof-service rule, which allows the Forces to discharge members if they are deemed unfit to deploy.

Calls to soften the medicalrelease policy stretch far back, to a military board of inquiry that examined the treatment of soldiers who became ill after serving in war-torn Croatia in the 1990s. Although the chief of the defence staff at the time promised to improve the situation, declaring the rule “too inflexible,” the policy has remained largely unchanged.

The stringent release policy has frustrated wounded military members who still want to serve and left many feeling lost and betrayed. A Globe and Mail investigation found that for one soldier who served in the military for nearly two decades and deployed to Afghanistan, his looming medical discharge from the army may have been a factor in his suicide.

Sergeant Paul Martin “was not emotionally ready to leave the CF,” states a military board of inquiry report obtained by The Globe. He was “not ready for release.”

Sgt. Martin, who had post-traumatic stress disorder, was one of at least 59 soldiers and veterans who killed themselves after serving in the Afghanistan mission.

Cody Kuluski, 33, is struggling to build a new life after being medically released from the military earlier this year.

He was diagnosed with PTSD after returning from Afghanistan in 2008.

He grew up in Thunder Bay and signed up for the military because he wanted to serve in the war. Five days before he was scheduled to return to Canada in September, 2008, three young soldiers from his battalion were killed in a Taliban attack on their armoured vehicle.

As the insurgents kept firing, the young private rushed to his injured comrades, treating them and moving them out of danger.

The three fatally wounded soldiers were Mr. Kuluski’s friends.

He said they died in his arms.

Mr. Kuluski’s bravery was recognized in a 2010 dispatch from Governor-General David Johnston. But five years later, as he had been making plans to train for another army role, the infantry soldier was dismissed from the Forces for medical reasons. He was discharged before reaching the 10-year eligibility mark for a pension.

“Pretty much when I came back [from Afghanistan], they said if you need help, ask for help, and I did. And they’ve been pushing me out the door ever since,” Mr. Kuluski contended. “If it wasn’t for this universality of service, I would have retired in the military. I was going to be a lifer, but they didn’t let me do it.”

The Canadian Forces’ universality-of-service principle has derailed many military careers.

Nearly 15,000 military members have been dismissed for medical reasons since 2001, when the 9/11 attacks triggered the Afghanistan war.

Forces’ spokeswoman Jessica Lamirande said more members were discharged in the past fiscal year “due to the processing of a backlog of medical-release files.”

“A more efficient process has resulted in an increase in … members transitioning beyond the uniform due to medical releases,” she noted. She added that the Department of National Defence and the Canadian Forces are providing members with support, education and training to help make their transition to civilian life easier.

The military doesn’t know how many of the medically released members served in Afghanistan, because this aspect is not tracked.

The Globe’s investigation found that fear of being expelled from the army weighed on the minds of two mentally wounded soldiers, who, like Sgt. Martin, served in Afghanistan and were based in Gagetown near Fredericton.

Corporal Jamie McMullin took his life in June of 2011, on the same day he was given a medical designation that limited what he could do in the army.

His father said his son worried this move would ultimately lead to his dismissal. Corporal Scott Smith didn’t seek treatment for his mental scars because he feared doing so would scuttle his career, his family said. Cpl. Smith died by suicide this past December.

Former veterans ombudsman Pat Stogran believes the universality-of-service rule needs to be drastically changed. He noted that in the civilian world, there is a duty to accommodate injured workers. Military members deserve the same treatment, he said.

Winnipeg lawyer Corey Shefman, who is representing a disabled veteran suing the government over her dismissal from the military in 2009, said he has received calls from soldiers and vets across the country suffering from the impact of the medical-release rule.

“These are people who have dedicated their lives and their careers to the Forces, who are perfectly capable of doing other work in the Forces, and are being told that the Forces aren’t interested in that,” Mr. Shefman said.

He and his client, Louise Groulx, will be watching the new government closely to see whether it finally overhauls the universality-of-service principal and allows more wounded members to serve. The government has not yet filed a statement of defence in response to the lawsuit filed last year. Several other universality-of-service lawsuits have been settled out of court.

“Louise is committed to seeing change to this policy,” Mr. Shefman said.

“She has made it clear to me if push comes to shove, she’s taking this all the way to the Supreme Court, if necessary.”
 
http://www.winnipegfreepress.com/local/disabled-soldier-sues-over-dismissal-280490332.html

Yeah. Good luck.
 
Shefman said the universality rule has been challenged in court before, but no case ever progressed to the stage where a judge ruled on the policy's constitutionality.

So the last part of the article sums it up.
 
Are you suggesting that it will be challenged constitutionally this go around?  Or that precedence has been set?
 
Sheep Dog AT said:
Are you suggesting that it will be challenged constitutionally this go around?  Or that precedence has been set?
This, as of November of last year, from her lawyer ...
“She has made it clear to me if push comes to shove, she’s taking this all the way to the Supreme Court, if necessary.”
So, maybe not this go-round, but the intent was there as of the fall.
 
Sheep Dog AT said:
Are you suggesting that it will be challenged constitutionally this go around?  Or that precedence has been set?
There seem to be a lot of cases that challenge the constitutionality of something, but the judge renders a decision based upon some law or regulation lower than the constitution.  There was an example of this posted on the site not too long ago, but I forget what the case was.
 
Sheep Dog AT said:
http://www.winnipegfreepress.com/local/disabled-soldier-sues-over-dismissal-280490332.html

Yeah. Good luck.

Pretty much. Everything I've been able to find has upheld universality of service as a bona fide occupational requirement;

http://laws-lois.justice.gc.ca/eng/acts/H-6/section-15.html

Canadian Human Rights Act (R.S.C., 1985, c. H-6)
15 (1) It is not a discriminatory practice if

(a) any refusal, exclusion, expulsion, suspension, limitation, specification or preference in relation to any employment is established by an employer to be based on a bona fide occupational requirement;

http://reports.fja.gc.ca/eng/1994/1994fca0286.html

[sv 1,188] [sv 75,3] [sv 19,1994]
canada (h.r.c.) v. canada (armed forces)
A-799-91
Canadian Human Rights Commission (Applicant)
v.
Canadian Armed Forces (Respondent)
and
Julia Husband (Mise en cause)

Indexed as: Canada (Human Rights Commission) v. Canada (Armed Forces) (C.A.)

Court of Appeal, Isaac C.J., Robertson and McDonald JJ.A."Winnipeg, October 15, 1993; Ottawa, April 14, 1994.

 
Sheep Dog AT said:
Are you suggesting that it will be challenged constitutionally this go around?  Or that precedence has been set?

Going with precedence. I don't see UofS changing and it shouldn't. I do believe that Veterans should get a quality career with the right tools and assistance to achieve that or proper compensation if unable to work once released.
 
UoS is just that!  Being able to drop your "normal" qualified occupation and becoming a pure and simple down to earth solider, sailor or airman, nothing more.  It's a rats *** when you find yourself in the position of being able to do the "daily" duties associated with your occupation but not being able to meet UoS.

The person in the news article, probably was one of the "lucky" few who were offered a "period of retention", so the writing was on
the wall and they had plenty of time for transition.  If their CoC led them down another path, then that's another issue.
 
I fully support the Universality of Service principle, although I'm not entirely convinced that as an institution we have fully defined or even understand what that should mean.  Let's not forget that one of the greatest naval heroes of history was missing an arm and an eye at the pinnacle of this career.  One of our own former governors general (Vanier) lost a leg in WWI, but continued to serve and was a general in WWII.

One area where I think we fail tremendously is in tapping the minds of those that are injured or even just retired.  Just because an individual is no longer able to serve in a military capacity, does not mean he couldn't serve as an instructor in a civilian capacity.  British Army schools are filled with retired WOs who are now instructing.  We could do the same (if the unions would let us or the government were willing to ignore them).
 
Pusser said:
I fully support the Universality of Service principle, although I'm not entirely convinced that as an institution we have fully defined or even understand what that should mean.  Let's not forget that one of the greatest naval heroes of history was missing an arm and an eye at the pinnacle of this career.  One of our own former governors general (Vanier) lost a leg in WWI, but continued to serve and was a general in WWII.

One area where I think we fail tremendously is in tapping the minds of those that are injured or even just retired.  Just because an individual is no longer able to serve in a military capacity, does not mean he couldn't serve as an instructor in a civilian capacity.  British Army schools are filled with retired WOs who are now instructing.  We could do the same (if the unions would let us or the government were willing to ignore them).

I completely agree those members contain a wealth of knowledge that could be used to provide valuable training. I'd support keeping them in the CF in a training cell within units, or if you must have them take off the uniform, give them a contract as a civilian instructor.
 
MilEME09 said:
I completely agree those members contain a wealth of knowledge that could be used to provide valuable training. I'd support keeping them in the CF in a training cell within units, or if you must have them take off the uniform, give them a contract as a civilian instructor.

Let me try and change your mind and way of thinking, if I can and the way it was put to me.

If we, as an institution, retain all of those who don't meet UoS and place them into "static" (ie; HQ, Trg and Desk Jobs) employment opportunities, then all that we achieve, is to put those who are fully fit, into purely operational postings.  The result, you now have an entirely different group of people (ie; the full fit), within your employ, who will never have the opportunity to learn these Command/Staff types of jobs.

I totally hear what you and everyone else is saying, so don't get me wrong on this comment.

There definitely is a time and a place for those who have been offered a period of retention to contribute and pass along their wealth of knowledge/experience, but it's up to them and their CoC to recognize this and prepare appropriately.

PS - and the above, comes from someone who was and accepted a period of retention and who was subsequently kicked to the curb with a 3.b.
 
I was going to say the same thing as DAA.

To add on to that how do we judge who has vital information to pass on to a younger generation? What about a cpl or LT who has 3 years in, signs their 20 or 25 year contract then gets injured?

Or a soldier who has 4 appointments a week that they need a driver to take them to for the next 15 years?
 
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