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Veterans and their advocates are urging the Carney Liberals to change course and amend a bill before the House of Commons to remove sections that they say unfairly target people who served Canada.

Buried inside the more than 600-page Budget Implementation Act are sections that would, advocates say, retroactively amend a law that governs how veterans’ benefits are calculated.

Advocates say if it is passed, the result would be that the federal government would legitimize mistakes it made in overcharging veterans and undervaluing their benefits, and at least three lawsuits, worth an estimated tens of millions of dollars, would be thrown out.

Canada’s Veterans Ombud wrote to the veterans affairs minister in December, saying passing the bill as-written would “effectively legitimize its past overcharges to veterans and nullify ongoing litigation aimed at securing reimbursement for affected veterans.”

“I believe that using retroactive legislation to correct administrative errors is both inappropriate and unfair and undermines confidence in government decision-making, sets a troubling precedent, and denies justice to those who served our country,” wrote retired colonel Nishika Jardine.

Jardine was writing specifically about a proposed class action lawsuit over an alleged decades-long overcharging for veterans in long-term care since at least 1998. 

The charging error was first reported by CBC News, prompting the litigation. 

WATCH | Veterans may be overpaying for long-term care due to a federal error:

Veterans may be paying too much for long-term care, analysis shows

A CBC News analysis shows that Canadian veterans may be paying more than they should for long-term care because of a federal calculation error. Veterans Affairs Canada has launched an investigation and a class action lawsuit has been filed.

The statement of claim argues veterans were “significantly overcharged” because the federal government calculated the benefit based on the cost of the most advantageous province, excluding territories from their calculation. 

But the Interpretation Act, which governs the regulations, says territories ought to be included. The long-term care rate in the Northwest Territories has been less expensive for years, meaning veterans in long-term care could be overcharged by more than $3,000 annually. 

Lawyers and advocates say the government is trying to paper over its costly mistake by retroactively changing the law. 

In a move described as a “thermonuclear weapon,” the Carney government’s Budget Implementation Act seeks to retroactively define the term “province” as excluding territories.

One of the lawyers representing veterans says the proposed changes to legislation equates to Canada breaking its promise to veterans. 

“If there’s anything that is sacred, it’s the obligation governments of all colours have made since the First World War, that our obligation to veterans is to look after them, certainly not reverse our obligation to them,” said retired colonel Michel Drapeau, one of the lawyers representing veterans.

Conservative Veterans Affairs Critic Blake Richards says the move is “reprehensible.”

“The government made a mistake, and their way of trying to fix it is to retroactively change legislation and try to rob veterans,” he said. 

In a statement, a spokesperson for Veterans Affairs Minister Jill McKnight said that the bill “clarifies” how benefits have always been paid in the past.

“The BIA does not propose any reductions in benefits, nor does it require anyone to repay benefits already received,” said Adam Rogers-Green.

WATCH | Veterans and their advocates call for Ottawa to reverse course on budget bill:

Veterans urge Ottawa to change course in payment fight

Canadian veterans are urging the federal government to change course ahead of a budget bill vote that would retroactively amend the laws governing the value of some veterans’ benefits. If passed as-is, it would likely quash lawsuits seeking payments veterans say they are owed.

Coldbrook, N.S., resident James Fera is a retired lieutenant-colonel that volunteers with veterans in long-term care weekly, and said he’s frustrated with the lack of transparency from the federal government over these proposed changes.

Fera served in the Canadian Armed Forces for 25 years and was deployed to Afghanistan and Haiti. 

“The reality is, it’s unfair, it’s shameful,” he said. “If Mr. Carney believes that this is something that is worthwhile to do, then he should come out and say himself, and say why he’s done it.”

The bill is still in front of Parliament, although through a programming motion, MPs agreed to submit their amendments before Feb. 19. Clause-by-clause debate is expected to happen on Feb. 23.

Richards wouldn’t say if the Conservatives plan to amend the bill to remove the sections affecting veterans.

The federal court has already adjourned a class action pending the outcome of the proposed legislation.

An ongoing dispute about alleged errors in pro-rating certain indexation adjustments is adjourned pending the outcome of parliamentary debate. Drapeau believes three lawsuits could be thrown out if this law is passed. 

In addition to the proposed class action targeting the long-term care dispute, there’s a third lawsuit claiming that Veterans Affairs miscalculated annual adjustment rates on disability benefits payable to veterans under the Pensions Act. 

The bill could pass through the House of Commons as quickly as Wednesday, Feb. 25.