Canadian veterans of the World War II Battle of Normandy attend a commemorative ceremony at the Commonwealth War Graves Commission’s Beny-sur-Mer Canadian War Cemetery in Normandy on June 05, 2019 near Reviers, France. (Photo by Sean Gallup/Getty Images)
A group of veterans is preparing a class-action lawsuit against the federal government alleging that Veterans Affairs Canada inappropriately offered or directed them toward medical assistance in dying (MAID).
Lawyer Catherine Christensen is spearheading the proposed class action amid growing reports from veterans who say Veterans Affairs Canada (VAC) personnel suggested MAID in calls or written communications while they were seeking support or treatment for unrelated issues including PTSD and traumatic brain injuries.
Veterans Affairs Canada investigated prior allegations in 2022 and 2023 and publicly acknowledged four “isolated incidents” involving a single employee who inappropriately discussed MAID with veterans. The department stated at the time that the employee was dismissed and that a review of more than 402,000 files found no widespread systemic practice of MAID offers.
Christensen, however, argues the practice is much more prevalent than previously acknowledged.
She told The Epoch Times that veterans have been offered MAID over the phone, and that she has also heard reports of some veterans receiving correspondence suggesting MAID.
“Veterans Affairs wants to say that it only happened to four veterans and it was a rogue case manager. That’s not true,” said Christensen, who has represented several veteran clients over the years.
“Veterans Affairs Canada has taken upon themselves since 2019 to propose MAID as an alternative for treatment for some of our veterans, especially for mental health issues,” she added.
She said some physically healthy veterans who contacted Veterans Affairs for mental health support were offered MAID. One of those vets is Corben McGown, who formerly served as a supply technician in the military’s logistics branch.
McGown was just 22 years old and suffering from PTSD when he says he was offered MAID.
“Now this is a young man who had already attempted suicide four times before he reached out for help,” Christensen said. “So full credit to him, he was able to turn down the offer, and then he reached out to me to hold VAC accountable.”
McGown is already suing the federal government and Veterans Affairs Canada, seeking at least $18 million in damages. This includes $3 million for emotional distress and $5 million for consequential losses to cover medical expenses and therapy costs, according to the statement of claim filed in March 2024.
The Epoch Times contacted the Justice Department for comment and was referred to Veterans Affairs. The Epoch Times also contacted Veterans Affairs for a statement. The department said it would not comment as the lawsuit had not yet been filed.
“No class action lawsuit has been filed against Veterans Affairs Canada in this matter,” a VAC spokesman said via email. “The Department will not comment on speculation.”
VAC said in a 2024 Question Period Note that it has a clear policy in place regarding MAID.
“The Department is not to suggest, discuss or offer assistance with medical assistance in dying (MAiD) – it’s not within its scope of work and is not a service it provides,” the note said. “All frontline employees have been provided with clear direction on this issue.”
Class Action
McGown, now 26, is just one of the veterans who will be part of the new class action Christensen is preparing.
Christensen said the proposed class action has attracted an increasing amount of interest from vets following recent media coverage, but added that some veterans have been reluctant to speak out, fearing that doing so could lead to cuts to their Veterans Affairs benefits.
One of those who has joined McGowan in the proposed class action is Tony Jenkins, a weapons technician who served in the military for nearly 25 years.
Jenkins sustained a traumatic brain injury and began experiencing chronic migraines and other symptoms after an armoured vehicle’s antenna hit him on the head more than a decade ago. He has said MAID was discussed with him on more than one occasion.
He considered the procedure because he was concerned about his long-term prospects, Christensen said. He was told it could be done within a few days, but she said he changed his mind after talking it over with his wife.
“I don’t honestly believe that a couple of days is enough time for anybody to properly consent,” Christensen said. “Veterans are a pretty vulnerable group, and if you’ve already got a veteran with traumatic brain injury or PTSD or both, they’re already contemplating that their families may be better off without them.”
She said some veterans are told their families will be taken care of with a pension and that they will receive a full military funeral if they do opt for MAID.
“As you can imagine, that’s not what someone who is already suffering from mental health issues needs to hear,” she said.
The promise Canada makes to its soldiers is that if they’re injured while serving, they’ll be looked after, Christensen said. She argues that offering MAID “completely shatters” that promise.
Christensen said her clients are “frustrated” that veterans are being offered assisted suicide as an option and the main goal of the class action lawsuit is to have offers of MAID stop completely.
She said the ask for financial damages will be limited because most of the veterans are already being compensated for injuries. However, the claim will ask for special damages, which would see the court “reprimanding Veterans Affairs and saying this should never have happened.”
VAC Note
Veterans Affairs said in its 2024 Question Period Note that MAID is not an issue its staff will broach with vets.
“VAC does not and will not initiate any discussion surrounding MAID with any Veteran or member of their family,” the note said.
“If a Veteran has chosen to pursue MAID with their primary care provider and calls to inform VAC, employees can help the Veteran and their family understand the VAC benefits to which they would be entitled, as well as to discuss any other supports or services that might be relevant in the Veteran’s circumstances.”
This support may include coordinating and navigating resources, such as connecting a veteran and their family with community services, mental health professionals, grief counsellors, pastoral outreach, and other local supports, the note said. It added that this support would not involve VAC employees offering advice or suggestions about MAID.
“Employees are trained in situations involving Veterans who may be in crisis situations, and specific training on MAiD has been provided to employees,” the note said.
Veterans Affairs Canada also said in the note that it recognizes veterans’ right to file lawsuits and would “continue to respect the court’s process,” but declined to comment on specific cases.