Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses veteran compensation.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Daniel Scott applied to the court for an order declaring the Members and Veterans Compensation Act to be unconstitutional. The reason he sought that order was that he said the caps on how much veterans can receive for injuries they received on the line of duty was inconsistent with a common law duty that Crown owed to individuals who performed military service.
Mr. Scott’s case was dismissed and the Supreme Court of Canada denied leave to appeal. This case raises issues of national importance and the issue of compensation for these claims has been something that numerous governments have promised to do something about but never have.
This was a missed opportunity for the SCC to recognize an obligation that the government owes to the people that sacrifice for their country.
Watch the video for more.
