Calgary veteran appeals


Submitted on 2013/12/30 at 10:15 p12

Searching for comments on the following:

WITHOUT PREJUDICE
December 30, 2013

Minister of Veterans Affairs
Bantrel Tower
7th Floor – 700 6th Avenue Southwest
Calgary, Alberta
email:

Re: Existing corruption & dishonesty

Attn.: Hon. Mr. Julian Fantino

Having failed to receive a responsible reply from the offices of Minister (Min.) of Veterans Affairs (VA) in respect to the recommendation of the very Hon. Mr. Justice W.D. Nichol of the Canadian Justice Review Board ( refer to attached letter) over the past 2 years, it is, in my opinion, only reasonable to attribute this lack of responsible action, by the Min. of VA as nothing less than a self-consideration of being over and above the same laws that successive Canadian governments have imposed upon Canadian citizens and veterans when failing to act responsibly and/or replying honestly to claims of other veterans of the Canadian Forces (CF) and Royal Canadian Mounted Police (RCMP) over the past 146+ years.

While the greater burden of both fact and evidence is in direct support of this veteran’s claims, the “Veterans Canada” office continues to act above and beyond the same laws that you force upon all other Canadian citizens and veterans alike. Such complete disregard for the recommendation of the highly noted and respected member of the Canadian Justice Review Board (i.e., “Minister, we ask that you personally investigate this matter and rectify the situation”; ref. attached letter) represents, in my humble opinion, as being nothing less than a complete lack of law and order with your alleged management of this country.

I urge you to address this matter forthwith (i.e., within 30 days of the date of this letter), since time is of the essence for both all veterans and myself.

Yours truly,

Brian C. Bradley
#33 – 9520 Bonaventure Dr. S.E.
Calgary, AB T2J 0E5
Phone: (403) 455 – 9353
email: bcbradl5y@inbox.com mailto:bcbradl5y@inbox.com

ccc.: very Hon. Mr. W.D. Nichol, CEO, Canadian Justice Review Board
local MP: Min. of Citizenship, Immigration & Multiculturalism; Fax: (403) 225-3504

bcc: FDA

encl. Nichol/Blaney letter, Feb./Mar. 2012 (3 pages as attached)

DRAFT/SENT Feb./Mar. 2012

The Honourable Steven Blaney
Minister of Veterans Affairs
House of Commons
Ottawa, ON K1A 0A6

Veterans Affairs Canada
14th Floor
66 Slater Street
Ottawa, ON K1A 0P4

Dear Minister;

The Canadian Justice Review Board has received a complaint from Brian C. Bradley of Calgary Alberta.

We can find no better words to describe Mr. Bradley’s situation than quoting his honour Mr. Justice J.E. Hershfield of the Federal Court of Canada.

“[3] The battle with the [Veterans Review and Appeal Board ] VRA Board has, according to the Appellant’s testimony, been going on for more than a decade which included four judicial reviews of the Board’s refusal to recognize a disability pension entitlement. In all review cases, I am told that the Federal Court Trial Division sent the matter back to the Board for reconsideration.

[4] One certainly has the impression listening to the Appellant that he has not
been properly dealt with by the VRA Board and that his fight to establish his
disability pension rights has resulted in his losing his home and become
economically ruined.

[5] His submissions reflect a genuine plea for justice which he feels can only be
achieved by someone rectifying the treatment he has had to endure. He wants the
Federal government departments that he holds responsible for the burdens he has
suffered made accountable. He seeks compensation and includes in his plea for it,
just and fair treatment from the Canada Revenue Agency (“CRA”) taxation.

/2..

-2-

[6] This leads me to direct myself to the taxation issues that have drawn the
CRA into the Appellant’s line of vision as one the government agencies
responsible for his financial regression, as he puts it.

[7] In 2005, the Appellant launched his fourth action for judicial review of the
VRA Board’s refusal to award him a disability pension. He retained the services of
a prominent law firm. He paid a retainer and was quoted substantial fees, namely,
fees in excess of $40,000. His only source of funds was a modest RRSP (currently
valued at some $16,000 which includes a contribution that is at issue in this
appeal).

[8] To fund the litigation he withdrew $44,000 from his RRSP. That was in
2005. However, his legal fees that year only came to $21,095. Realizing the
withdrawal was excessive, he returned $24,000 to his plan and claimed $23,000 on
his 2005 tax return as a deduction in calculating his net income for the year on the
basis that it was an innocent mistake to have taken it out. In effect, he sought to
treat the excess withdrawal as a non-event. I will note here, as well, that he claimed
the legal fees of $21,095 as a deductible expense on the advice, apparently, of his
legal advisor.

The reassessment being appealed denied both deductions.

[10] Given that the most recent Federal Court review of the VRA Board’s refusal
to award the Appellant a disability pension has resulted in the matter being referred
back once again to the Board and given his hope of finally having his entitlement
to a disability pension confirmed, one might think that the Appellant will finally be
allowed to deduct his legal fees. However, that is not the case, at least not in
respect of the 2005 taxation year. The Appellant has repeatedly acknowledged that
he never received one cent of income from the pension source in respect of which
he incurred the legal expenses at issue. The relevant provision of the Income Tax
Act (the “Act”) allows that deduction only against the source of income in respect
of which the legal expense at issue is incurred. This leaves the Appellant in the
unfortunate circumstance that his legal expense deduction cannot be taken, at least
not yet.”

Minister, it appears to the Canadian Justice Review Board that on four separate occasions the Federal Court of Canada has found a lack of fairness and due process on the part of the Veterans Review and Appeal Board in this matter; a deficiency so serious that the Court saw fit to quash each VRA Board decision. Mr. Bradley appears to have a legal opinion from his federally funded Bureau of Pensioners’ Advocate (BPA) confirming that his claim has merit. This arguably constituting reasonable grounds for him to have believed that, considering the Federal Court judgments against the VRA Board, a pension or compensation would be forthcoming (from which he could then have properly deducted his expenses for tax purposes).
/3..

-3-

As you can see from Mr. Justice Hershfield’s remarks, Mr. Bradley’s financial resources have been no match for the deep pockets of the federally funded VRA Board. This tends to foster the public impression that the government favours a system of “justice” where the party with the most money wins (regardless of law). It also creates the impression that the VRA Board has been able to engineer a scheme, and a vicious circle for Mr. Bradley, which effectively ignores the rule of law contained in the Federal Court judgements against it. Considering also that the VRA Board knows, or ought to know, the limited mandate of the Bureau of Pensioners’ Advocate precludes it acting for anyone in Federal Court, Mr. Bradley was put to expenses he could ill afford (to paraphrase Justice Hershfield). This creates a concern that the VRA Board vindictively set out to bankrupt Mr. Bradley. Our understanding of Mr. Justice Hershfield’s remarks is that this is anything but justice.

Minister, we ask that you personally investigate this matter and rectify the situation.

Sincerely,

William D. Nichol
Executive director

Diary date: February 6, 2012

cc. Mr. Brian C. Bradley, #33 – 9520 Bonaventure Dr., S.E. Calgary, AB T2J 0E5

cc. Hon. Mr. Jason Kenney, Member of Parliament for Calgary Southeast. House of Commons
325 East Block Ottawa, ON K1A 0A6 & 1168 137 Ave SE Calgary, AB T2J 6T6

http://www.CanadianJusticeReviewBoard.ca

P.O. Box 4853 Station E, Ottawa, Ontario K1S 5J1

Peace be with you & yours,

Brian Bradley
#33 – 9520 Bonaventure Dr., S.E.
Calgary, AB T2J 0E5
Phone: (403) 455 – 9353

homepage: https://sites.google.com/site/bcbrad3evennow/how-much-do-we-really-pay

“It’s time for us to begin a real revolution – one that begins by challenging our individual beliefs and changing our diets, and ends with the transformation of our society as a whole.” (Campbell, 2013, p. 290)
Campbell, T. Colin (2013) “Whole, Rethinking the Science of Nutrition”, Dallas: BenBella Books Inc., 328pp., ISBN 978-1-937856-25-0.

“But if thought corrupts language, language can also corrupt thought.”
– George Orwell

Of what value or point is there to having a system/culture which is completely void of both the intent and service of actual justice if those who enact the laws turn a ‘cold shoulder’ and/or completely ignore the intent of the laws that they have enacted?

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About Bonnie Toews and John Christiansen

Bonnie's Blog Posts invite our readers and free spirits everywhere to share life's adventures with us. I talk about writing my novels, reading books, chatting with other writers and John's and my journeys around the world. We welcome your anecdotes to our experiences and discussions.
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3 Responses to Calgary veteran appeals

  1. Randall says:

    Wow dont know the details of the case but i can attest that i have been forced into the same position as a direct result off the VRABA inability to read the facts before them and make a ruling without injecting their own personal opinion. These people challenge Medical Specialists ability to do their job and openly over ride the diagnossis presented. When did they become more qualified then the presenting medical professionals. Who gave them the knowledge power and right to make medical decisions as they have done in my case despite a letter of dessent from a sitting VRAB board member stating he would award entitlement said letter being attached to my last refussal presented to the board. Who do i address this concern too. These appointed VRABmembers are POWER MAD OUT OF CONTROL AND GROSSLY UNACCOUNTABLE FOR THEIR ACTIONS.

  2. The whole system is fixed, only a very public inquiry into every aspect of the profiteering occurring by the insurance company, MPs and Senators and the various players involved. You can be sure if there is a fight over money, which there is, someone is finding a way to profit while denying those who the monies were set aside for. Personally I think the inquiry should have as its goal not only to find the flaws, but to find and charge the criminals involved with no less than treason, profiteering during war, murder by proxy or counselling suicide, fraud and fraud on government. When we have a suitable start, we should pull the threads and follow them to the end, getting each successive fraudster to reveal more and more of the plan and all others involved. It is an organized conspiracy to limit liability for the involved insurance providers and their paid off government friends. And in lieu of the death penalty we should sentence them to life in prison without chance of parole. After all how many young men and women have died in the service of this nation? How many injured who have been denied what would make their lives somewhat better and they are entitled to? Its time to stop treating politicians and their lackeys, owners, friends as if they were either above the law or suffered from afluentia.

  3. Well put. Thank you, Murphy.

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