1999-3

Australian benefits for her veterans makes Canada's efforts appear "Scrooge like". The following is an example what veterans in Australia receive from a grateful government. Of course the Australians were very close to being invaded and were bombed by the Japanese enemy, so they were closer to the battlefields than Canadian civilians and politicians.

A nursing sister veteran who Served in Vietnam, upon returning home eventually received a small pension. Subsequently, the pension was increased to $650.00 every two weeks, fully indexed - tax free. With the disability pension came a GOLD CARD with the following public benefits: Free public transport; free hospital, free medical, free dental care and glasses; house taxes were halved; telephone rates were lowered; can purchase a new car every two years - tax free; free theatre passes for herself and her husband.

In Canada we will not give the Merchant Navy Veterans any compensation. Our government apologized to suspected enemy spies and gave them a healthy financial gift, but our Hong Kong veterans, who were treated as slaves, have been denied any compensation from the Japanese.

The ordinary Canadian War Veteran gets nothing from his ungrateful government! Now that time has marched on since WW II and Korea, it gets more difficult to obtain benefits through Veterans Affairs Canada. The veteran patients in some Veteran Affairs hospital beds are being "fed" reheated frozen food, that is, if they can get a bed! The criminals in our prisons fare better.

The theft of the retirement savings of the CF Retirees and Serving personnel is another example of the gross indifference of our elected officials, the bureaucrats and our too many generals!

Our legal advisors, upon direction, have Filed an Appeal to the Federal Court to instruct the Canadian Human Rights Commissioner to Review her decision regarding the issue of no entitlement to a survivor's benefit if a retiree marries after reaching the age of sixty.

Those widows are NOT "Gold Diggers", and are entitled to a survivor's benefit. It is blatant age and sexual discrimination and in the light of some of the oddest decisions that have come out of that Commission the plight of our widows is much more important. Somehow we must get the message to the Commission that we are serious and want our Canadian women protected, regardless of the contributors' ages! There were ample funds in our Canadian Forces Superannuation Account to cover this small charge against the account. That was before the government stole the supposed "surplus". It is incomprehensible that both the Courts and the Human Rights Commissioner can justify ignoring this obvious discrimination.

Re: Complaint of Armed Forces Pensioners' Association of Canada against Canadian Armed Forces

We represent the complainant in the above-noted matter. We are writing to provide our comments with respect to the Section 40/41 Analysis (the "Analysis") sent to our client by letter dated March 29, 1999.

We disagree with the recommendation in the Analysis that the Commission should decide not to deal with the complaint pursuant to Section 419 © of the Canadian Human Rights Act (the "Act"). We urge the Commission to reject this recommendation and proceed with the investigation of the complaint.

With respect to the application of section 62(1) of the Act, it is our submission that the decisions of the Federal Court Trial Division in Magee v. CAF and Cowie et al. v. HRDC are distinguishable as they dealt with challenges to very different legislative provisions than those at issue in this complaint. Magee concerned the question of whether the denial of survivor benefits to a woman who is separated from her spouse amounts to discrimination under the Act. Cowie dealt with the rights of same sex couples to survivor benefits under the Canada Pension Plan. By way of contrast, this complaint concerns a provision of the Canadian Forces Superannuation Act ("CFSA") which clearly discriminates against the widows of deceased retired members on the basis of age and sex. As the overall purpose of the Act is to prevent and eliminate discrimination, it would not be in keeping with the scheme of the legislation to exclude such clear cases from the jurisdiction of the Act.

We also take issue with the investigator's conclusion that the Commission should not deal with the complaint because the complaint deals with issues which are similar to those considered by the courts in King and Sutherland v. Her Majesty the Queen. King and Sutherland was decided by the courts pursuant to section 15 of the Charter rather than the provisions of the Act. There are some important differences between section 15 Charter challenges and complaints under the Act.

While section 15 of the Charter and the provisions of the Act deal with the right to equal treatment, the rights in section 15 are qualified by section 1 of the Charter which provides as follows:

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Indeed, section 1 of the Charter played a role in the decision of the courts in King and Sutherland. There is no provision in the Act which is comparable to section 1 of the Charter. Therefore, the Commission or a Tribunal considering this complaint pursuant to the Act, may reach a different conclusion than the court in King and Sutherland.

As stated above, the courts have held that the purpose of the Act is to prevent and eliminate discrimination. It is also trite law that to advance this purpose the substantive provisions of the Act must be interpreted broadly and limiting provisions such as section 41 © the Act must be interpreted narrowly. In this case, it is apparent that there are important differences between the section 15 Charter challenge that was decided by the courts in King and Sutherland and this complaint. Thus, it would not be in keeping with the scheme and purpose of the Act and the interpretive principles set out above for the Commission to exercise its discretion not to deal with this complaint. Rather than advancing the purposes of the Act, this would leave the complainant and its many members without a remedy.

For all of these reasons, it our submission that the Commission should not exercise its discretion pursuant to section 41 © of the Act and that the Commission should proceed with the investigation of the complaint as soon as possible.

While the above Canada Mortgage and Housing Corporation employees are enjoying the fruits of their labours and their accrued retirement savings, our insensitive government, in collusion with their liberal dominated Senate, stole our savings!

NOTE: Elsewhere in this NEWSLETTER is an action which is being pursued by the Canadian Human Rights Commission in an attempt, as the Commission tries to explain, to change its mandate. The claim is that the Commission will then be able to deal with our problem. Hopefully the problem can be resolved, or it just might be another ploy, stalling the necessity for the Commissioner to make a decision which would not be to the government's liking?

We have made a presentation to this body by our solicitor and LtCol Chuck McCabe Liaison Officer (Federal Government).

However, there doesn't appear to be any great urgency for the Commission to report on this problem! A Report is not due until April 2000.

Now that Bill C-78 is history, pending the results of upcoming litigation, the fight for the control of the rest of our money has begun!

Treasury Board bureaucrats with NO objections from the bureaucracy at National Defence are devising an Investment Board to manage(?) what will remain of our retirement savings added to by the contributions of Serving members. This proposal was alluded to by the current TB President Robillard at the last Senate Committee Hearing. She intimated that we are to trust her and her TB handlers in the matter of investing our money, subject to NO checks and balances!! She also promised to consult with all stake holders. But then we heard that from her predecessor who never did consult with anyone but did as he was told by the bureaucracy. Our Minister of National Defence did inform this association that he spoke with Masse at one time. Probably said "good morning" to him. We will NOT hold our breaths waiting to hear from, and be consulted by, Robillard or Eggleton.

The Investment Board is to be free of any such encumbrance such as being subject to any audit by the Auditor General of Canada!

Naturally, as we ordinary Canadian citizens who served our country Honourably in a uniform are considered to be too stupid to understand investments, we are therefore excluded from participating on the Board. We will NOT even be given any opportunity to select who will be on the Board. Selection of board members will be by - guess who - the government!! Obviously another place for patronage appointments for failed politicians and retired bureaucrats.

We may, just maybe, be allowed to participate as ADVISORS on our savings, our money, what little will be left after the theft - and we might be allowed to advise on its use!!! Isn't there something wrong with this scenario? But then we saw the Liberal Party's idea of participatory democracy in action with the swift passage of Bill C-78 through parliament by use of 'closure' in the Commons and twice in the Liberal dominated Senate.

With an ineffective Opposition, Chrétien and his merry men/women are running rough shod over Canada's military and military retirees. Perhaps by a success in the Court system this government might be convinced that it is dealing with real people not slaves.

Recently, a published survey indicated that one in four Canadians is "functionally illiterate".

It is no small wonder that we have the government that we have today, as it would appear that those MPs, who warm seats on the government side of the House obviously fall into this category. That is, on the back benches. Those who are more dysfunctional, sit on the front benches.

The most dysfunctional of the pack becomes Prime Minister. He in turn appoints to the Senate the worst of the pack; who either fail to meet the criteria to become MPs, are failed MPs or are Party bag men (oops - bag persons) (with the odd hairdresser, inn keeper and baby sitter thrown in for good measure).

This collective bunch then approved the theft of their electorates' retirement savings which will in turn will be used to buy the electoral votes at the next Federal election.

The question is, who are the functionally illiterate? We, the voters, must be for electing this lot - twice!

The undemocratic proceedings involved in the ramming through of Bill C-78 is the result of the selection of our elected representatives. None in the government appeared to have any consideration for those who defend(ed) the country, uphold/upheld the laws or serve(d) the people. Like a bunch of sheep they , using 'closure' four times in the Commons and twice in the Senate, approved the theft of over $30 billion from the retirement savings of approximately 670,000 Canadians, on the orders of senior bureaucracy and the Prime Minister's Office [who actually run (ruin)] Canada!

In spite of some very strong opposition by some Opposition Senators and a few Opposition MPs, Bill C-78 became law with NO amendments.

We now have really joined the 21^st Century. Besides the E-mail address, we have a Web Site.

The AFP/AAC, along with RCMP representatives, union leaders and interested parties, Appeared at the second set of Hearings held by the Liberal dominated Committee on Banking, Trade and Commerce on 23/24 Aug 1999.

The AFP/AAC was represented by Chairman Ed Halayko, Vice Chairman (Military Widows) Mrs Helen Rapp and Ms Fiona Campbell, legal counsel.

The opening shots were fired by the new President of the Treasury Board Lucienne

Robillard and her trainer, the Secretary of the Treasury Board (TB). If we had hoped for any relief regarding the dictatorial stance of the government regarding Bill C-78 we were in for disappointment, but no surprise. In spite of the Senate directive in June that the President should meet and consult with stakeholders in the Superannuation Acts. Both Marcel Masse, her predecessor, and she refused to meet with anyone! (This of course was in contempt of the Senate). The excuse being that she (the government) of Jean Chrétien would NOT accept any pre-conditions such as discussion on the ownership of our Deferred pay. The government wanted it ALL. The government was prepared to discuss, but NOT make any commitments regarding, the makeup of the Advisory Committee to the Investment Board. The Board is to remain a patronage haven for the TB. It was mentioned that discussions had been held with CF Retirees and RCMP Retirees but upon questioning she admitted that TB had NEVER met with any CF representatives, CF Retirees, RCMP or RCMP Retirees. Such deliberate misleading statements were ignored by the Senate Committee Liberals. She did state that she wanted the Bill passed quickly so that AMENDMENTS COULD BE MADE to the law ---LATER!

How about that? To knowingly enact a flawed and imperfect piece of legislation then promise to start immediately to make amendments which will never be incorporated. It was quite obvious that the government had only one main objective, and that was to legalize the theft! It wants our money to seed the next election platform. Aren't we lucky to have such a considerate government?

A secondary objective was to redefine spousal relationships so that same sex partners participating in spousal relationships would be eligible for survivor benefits. The courts have twice turned this definition down. So, through a back door this government is creating a new state of relationship. Did not one other Liberal PM state that the government had no place in the bedrooms of its citizens? Why is the current one sticking his inept nose into the nation's bedrooms?

When Robillard was asked why there was such urgency in having the Bill C-78 passed, one wonders did this have anything to do with the fact that the government had already spent the funds in its 1999 Budget? After much waffling no answer was forthcoming from either herself or her minder, the Secretary.

After two hours of obfuscation and misleading testimony we realized that we were not going to win our battle.

Daryl Bean, President of the PSAC, led off the fight the next day. He made a very strong, accurate and comprehensive statement. Liberal Senator De Bané took exception to Bean's use of outrageous words such as stealing and robbing. Bean pointed out that if the Senator could come up with better words to describe the government's action regarding the theft of the retirement savings, he would use them. NO response.

Liberal Senator Stratton questioned the validity of the results of a Poll that the PSAC had commissioned. This Poll, conducted by Environics Research Group, showed that only 5 percent of those polled supported the government's position, whereas 51 percent supported the proposition that the plan members, and NOT the government, receive the entire pension surplus! Only 29 percent believed that the surplus be shared 60/40 with government taking the 60 percent. The Senator implied that the pollsters had cooked the questions. Bean did not back down and stated that neither he nor anyone from PSAC had anything to do with the preparation of the questions. (It must be noted that when this particular pollster conducts polls which are favourable to the government, the results are taken as gospel!)

Bean also pointed out that the oft mentioned shortage which the government claimed to have topped up was generated by the government's own policy when it was decided to make indexation retroactive to 1960. Since then that shortfall has been fully recovered.

The presentation of the National Chairman of the AFP/AAC, Ed Halayko, iterated his comments made at the first Senate Committee Hearing that it was obvious that all our presentations were mere exercises in futility (wheel spinning). He pointed out that there had been NO consultation with anyone, let alone retirees, regarding this theft. He too continued to use the words theft and stealing regarding the government's actions as we were now in the process of litigation to recover the $4.6 billion already stolen. In response to a question from Tory Senator Kelleher, Ms Campbell, solicitor, responded that when we win our case to recover the stolen $4.6 billion, under Bill C-78 the government will only add that money to the $30 billion surplus by stealing it once again!

On the subject of the Advisory Committee to the Bureaucrat loaded Investment Board Halayko told the Senate Committee that one can advise till hell freezes over but patronage appointed Board members need never listen to advice. The return of Bill C-78 to the House of Commons unamended, for passage into law, is a prime example of good advice ignored.

With the Social Science Employees Association (SSEA) spearheading the attack, the AFP/AAC along with the RCMP Association, and other unions have started litigation to retrieve this latest theft. This time around, the major public service union, the PSAC (Public Service Alliance of Canada), supported by the Association of Public Service Retirees is also initiating litigation to recover stolen funds. Lawyers are going to become rich fighting for the recovery of our retirement savings while our generals, senior bureaucrats and fired cabinet ministers will undoubtedly get rewarded with cushy patronage appointments.

Again the PM of Canada assumed the role of a Commander-in-Chief and dispatched Canadian military into a War Zone without the benefit of parliamentary approval. This time while he was on another holiday in New Zealand.

This is the same politician who cowered in bed and let his wife handle an intruder into his home yet in public attacked an innocent Canadian citizen while protected by a guard of RCMP. His criminal attack is now being jokingly called the Shawinigan hand shake! He also uses pepper on his steak.

Naturally the tame media not once asked why he was NOT charged for the attack and now is silent in the dispatch of troops without authorization.!

The supposed first class armoured fighting vehicles in Kosova are so safe that civilian technicians were dispatched with material to armour plate the vehicles. It appears that the vehicles are so good that they CANNOT prevent the penetration of machine gun bullets. On the cheap, trying to use vehicles designed for riot control in place of tanks is a poor show!

So to protect the personnel, armour plating is being welded on for extra protection. Guess what? The vehicles are now having steering failures. Again NO media outcry!

Our equipment is so good that aside from the fact that our helicopters are falling out the sky, the Hercules are so well equipped that a malfunctioning compass was sufficient reason to ground an Hercules aircraft from destined for Australia and East to Timor!! Another was unable to become pressurized!! Of course the minister states that the aging fleet is well maintained - no one is asking the troops if they are safe.

On 9-11 June 2000 the Canadian Provost Corps Association, at its 24^th annual reunion, will celebrate the 60^th Anniversary of the Corps. In spite of its being a significant milestone there will be a bittersweet aspect to the occasion.

The Association's purpose is to provide a focus to foster and maintain the Corps' traditions and comradeship. These were the legacy of the Corps charged with providing military police services to the Canadian Army from 1940 to 1968.

The Corps served through WWII, the Korean War , on United Nations tasks and within Canada. This service gave rise to memories and reminiscences the members felt compelled to preserve.

Members have been unequivocal in their intent to preserve the 1939 to 1968 history and traditions. They determined this could best be achieved by limiting membership to persons who served in the Corps. This ordained a "Sunset Date" upon which a tontine of fine brandy will be shared by the final two surviving members. The decanting of the tontine will mark the passing of the mortal memory of the Corps and in the words of Andy Ritchie "That as they say, will be the day^"

The inescapable consequence of the membership criteria is the diminishing of the ranks through ageing and an inability to strike an Executive Committee. This decreed two courses i.e. to either lay the Association to rest with dignity in a planned professional way or allow it to continue until it would be forced by circumstances beyond our control to a haphazard end. The members directed the preparation of a plan to achieve the former course. That planning, including revision of the tontine terms of reference, is now in train. It will be presented at the 60^th anniversary reunion. Thus the bittersweet aspect mentioned above.

The Association maintains an e-mail net and is increasing its scope to include local area telephone nets. This system will have even greater significance after the passing of the Association. Former members of the Corps who are interested in participating are invited to contact Jim Lumsden on e-mail at:

Since the start of the new Sitting with a new Governor-General (remember she is the one who was turning our War Museum into a Holocaust Memorial and is also the Commander-in-Chief of the Canadian Forces) the Chrétien government has been on a humanitarian kick. Injustices are to be rectified, human rights guaranteed etc. etc. plus a proposed spending spree just before and immediately after the next Federal election!

All this justice for others than those who Saved, and continue to Save the politicians from the forces of evil! Our troops have NO combat clothing or boots. However we have lots of combat brassieres, turbans of all regimental colours and some 76 generals!

Prior to this 1999 Armistice Day Memorial, false testimonials were spouted off in the House of Commons by those MPs who were part of the theft of our retirement savings. "Crocodile" tears everywhere, then off on another holiday. Our fearless leader also off on another of his world swans (complete with golf clubs, wife, huge entourage and protected by many body guards {carrying pepper spray?} in the Canadian AIRFORCE ONE)

Meanwhile another junket happy soul, Axworthy, is doing his best by trying to win a Nobel Prize with our poorly equipt troops and lots of Canadian cash.

Incidently, remember those illegal emigrants who sneaked into our very generous system for "illegals" in leaky boats? So far over $54 million from our Canadian Forces Superannuation surplus been spent on their care! But even that has NOT been good enough, some of them are on strike and want better facilities. Only in Canada you say!

In August, your Liaison Officer to the Federal Government got together with two friends of the Association, Mr. Walter Kelm, formerly Director Pensions and Benefits, Treasury Board of Canada, and Lt-Col (Ret'd) Rudy G. Loiselle, formerly Director Pay Services 4 (Pension and Release Benefits), NDHQ, and developed a written brief for the Dominion Secretary, The Royal Canadian Legion. This brief defined AFP/AAC's concerns with this year's pension reform activities by the federal government.

A. Join federal employees and retirees, particularly CF members and annuitants, to convince the Parliament of Canada that Bill C-78 should not be brought into law because the legislation is intended primarily to permit the government to confiscate the total accumulated pension surplus which consist in part the contributions by members and former members of the Canadian Forces, the Royal Canadian Mounted Police and the civilian public servants of Canada - a surplus which said members have a right to share. To this end, Legion membership should be encouraged immediately to protest the seizure without consultation of federal employees' pension contributions by contacting their Member of Parliament, senators, the Prime Minister of Canada, the ministers of National Defence and Veterans Affairs, the President of the Treasury Board of Canada, and their local media.

B. Seek, through MND, membership on the CFSA Advisory Committee for the purpose of representing the best interests of the large number of CF annuitants who enjoy Legion membership, and insist that all advisory committees be consulted on matters pertaining to their respective superannuation act changes;

C. Focus its considerable resources to persuade government that TB must negotiate to share the surplus pension contributions to improve the compensation of employees and retirees. Recommended improvements include, but are not limited to, the following:

Unfortunately, Bill C-78 was passed by the Senate before The Legion could act to prevent its passage. However, this fact did not deter The Legion's Dominion President, Chuck Murphy, from writing our Prime Minister to point out that the haste with which Bill C-78 was passed, and the lack of consultation with stakeholders, was undemocratic. To quote Mr. Murphy, "It is most disconcerting when the Government of Canada apparently implements a draconian change to the rights and benefits of a large segment of Canadian society ... without meaningful consultation with those interested in and affected by the result."

The Association is grateful for Mr. Murphy's demonstration of support for our cause.

Oral Brief to Veterans, Service and Seniors Committee, Dominion Command, The Royal Canadian Legion

On 24 October, your Liaison Officer to the Federal Government, again assisted by Lieutenant-Colonel (Retired) Rudy Loiselle (actually it was the other way 'round - your LO assisted Rudy!) made an oral presentation on the pension reform bill to the Veterans, Service and Seniors Committee of the Dominion Command of The Royal Canadian Legion.

The presentation highlighted: changes to this year to CFSA under bills C-71 and C-78 AFP/AAC opposition to Bill C-78. The Association's spokesmen recommended that The Legion support AFP/AAC initiatives to:

Although the specific intent of The Legion as a result of these briefings will not be known for several months, the Association is confident that The Legion will continue to support our endeavors.

Oral and Written Briefings to National Council of Veterans Associations in Canada (NCVA)

AFP/AAC Vice-Chairman (Military Widows), Mrs Helen Rapp, and Liaison Office to Federal Government, Chuck McCabe, provided oral and written briefings to the annual meeting of NCVA on 2 November.

The NCVA Chairman, Mr. Cliff Chadderton, requested and was provided a copy of our oral presentation to Canadian Human Rights Act Review Panel, delivered on 18 October, seeking change in the act which currently permits the CFSA to age-discriminate by denying survivor benefits when an annuitant marries over age 60 years.

Now that this government thinks that it has its sticky fingers on our retirement savings there are couple promises that may be kept.

Although we are being reminded that the Supplementary Death Benefit (SDB) had NOTHING to do with the passage of Bill C-78 (it had a lot to do with that Bill) the SDB is being increased to two years pay and then reducing at the rate of 10% per year after the age of 60 until it reaches $10,000 where it will remain. Contributions to the SDB will cease at age 70 but the terminal benefit of $10,000.00 remains.

For almost twenty years the AFP/AAC has been pursuing the government to allow CF Retirees to participate in the Dental Plan that current Serving members enjoy. The reason was always the same - too expensive at $90,000,000.00 per year! With the passage of Bill C-78 and the theft of our savings, the government has suddenly found money to make available the Dental Plan on a 60/40 basis - maybe sometime next year! The cost now is only $50,000,000.00 per year for CF, RCMP and civilian retirees! Remember, it is promised for next year. If you are currently enrolled in a plan stay with it for now. This government has broken every promise that it ever made.

The infighting over who is to be allowed on the Pension Management Advisory Committee is now in progress. This committee, supposedly to be made up of contributors, will be dominated by the very bureaucrats that created our problems in the first place, and will brook no interference from any real stakeholders. Of course NOT ONE STAKEHOLDER will be allowed on the Pension Management Board. Those positions are reserved for patronage appointees. But hey, whose money is it anyhow?? Of course the old situation will continue to exist, Treasury Board will remain in absolute control of the three superannuation acts. Our Defence Ministers will continue to abrogate their responsibility to us (probably because of illiteracy or ignorance) and the generals won't want any responsibility where they might have to make a decision and upset the bureaucracy! The decision powers are to continue to be distributed among several Cabinet ministers and myriads of bureaucrats.

The firm of Caroline Engelmann Gottheil has Filed an Appeal in the Ontario Superior Court on behalf of the AFP/AAC members and in partnership with the RCMP Association members to have Bill C-78 withdrawn and all the moneys removed from the Canadian Forces Superannuation Account and the RCMP Superannuation Account by the government, returned.

One is led by the AFP/AAC with the RCMP Association as a partner; another is led by a coalition of unions under the umbrella of the Professional Institute of Public Servants and another led by the Public Service Alliance of Canada union coalition.

The AFP/AAC - RCMP Association coalition was necessary, because our Superannuation Acts are NOT the responsibilities of the President of the Treasury Board but the Minister of National Defence and the Solicitor General - respectively. These two ministers had conveniently abrogated their responsibilities regarding Bill C-78 and now with this litigation will have to face the consequences of their incompetence. Furthermore, our terms of Service are different to those of the public service, we Serve our country while protecting the politicians and their perks wearing uniforms and carrying arms!

A reporter for the Ottawa Citizen deserves much credit for publicizing our activities;- Ms Kathryn May.

The Nursing Sisters' Association of Canada is having its Seventieth Birthday and 35^th Convention and Biennial Meeting in Toronto 25 May to 28 May 2000 at the Sheraton Centre Hotel.

The guest speaker at the Biennial Dinner will be the eminent Peter Kent, the Anchor of the First National News on Global TV.

This occasion will also mark the 101^st anniversary of the Canadian Army Nursing Service. All ex-nursing sisters and Serving officers are invited. We welcome reminiscences of your overseas experiences.

The involvement of the AFP/AAC in four separate litigations on behalf of the members is stretching the resources. Three of the legal actions have been placed in limbo while the latest, the recission of Bill C-78 and its authority approving previous thefts of our retirement savings and the ongoing stripping of our Canadian Forces Superannuation Account, will be very expensive.

Therefore, donations to the AFP/AAC Legal Fund will be accepted at any time. It is your savings, and ours, we are trying to recover. Unfortunately the government has placed us in the position that we have to fight our elected representatives and our employees, the bureaucrats, to get our money returned! Lawyers, on both sides will be getting rich, while we fight for justice thanks to Canadian dictatorial democracy in action.

Please note the address label on the envelope that this NEWSLETTER came in! If it reads; Exp 31 Dec 1998, this is the LAST Newsletter which you will receive, having had your membership carried for extra one year.

Your data has now been transferred to the dormant file. To resurrect your membership please forward $30.00 for 1999 and 2000.

Those whose label reads Exp 31 Dec 1999, it is that time again - to renew. You will receive no further notices.

Make your cheques out to: Membership, AFP/AAC and clearly specify any Legal Fund donations. Forward all membership dues and Legal Fund donations to :

The Armed Forces Pensioners'/Annuitants' Association Inc. of Canada (AFP/AAC) will be launching a new court action to challenge Bill C-78, the recent legislation which authorises the federal government to unilaterally transfer the $30 billion surplus out of government employee pension plans. The AFP/AAC is also involved in ongoing Federal Court actions which attack the government's use of an accounting device to remove approximately $11 billion from the pension plans before Bill C-78 came into effect. "We served our country honourably, in uniform in war time and in peace, and the federal government has rewarded us by stealing our retirement savings." says AFP/AAC National Chairman Ed Halayko.

The AFP/AAC represents over 25,000 former and retired members of the Canadian Armed Forces. The lawyers for the AFP/AAC, Caroline Engelmann Gottheil, plan to file the action challenging Bill C-78 in the Ontario Superior Court within a week and expect that the military retirees will be joined by the association representing RCMP officers. The two groups will argue that the surplus grab is unconstitutional and that the government has unlawfully "expropriated" the pension surplus without compensating the plan contributors. Similar actions have already been filed in the Ontario Court by the Public Service Alliance of Canada and the Professional Institute of the Public Service.

Mr. Halayko says that he hopes to work with the unions to defeat Bill C-78 but notes that there are differences between the union law suits and that of the AFP/AAC - RCMP Association action. For example, military employees have been disproportionately affected by the surplus grab. There are less than 160,000 active members and retirees of the Canadian Forces Superannuation Plan compared to about 625,000 members of the federal public service superannuation plans overall. However, of the $30 billion that will be taken from the superannuation accounts, almost $13 billion comes from the Canadian Forces Superannuation Account. As well, members of the military have been historically disadvantaged, in terms of both their low pay and annuities and their rights to organise. The statistics for the military annuitants are telling. The average military superannuation is only about $16,000 per year and most military annuitants or their survivors receive less than $12,000 per year!

Mr. Halayko is also concerned about the uneven playing field when it comes to pension disputes between the federal government and its employees or pensioners. The AFP/AAC and other groups such as the Social Sciences Employees Association have been involved in Federal Court proceedings which challenge the government's use of accounting practices to remove over $11 billion from the pension plans. Rather than fighting the cases in the Court, the government dealt with the case by changing the law. As Mr. Halayko puts it, "If the government doesn't like the rules, it just passes a law to change them". Mr. Halayko says that Bill C-78 is particularly hypocritical coming from the Liberal government which claimed to be supportive of the Canadian Forces Superannuates' rights when it was in opposition.

According to Fiona Campbell of Caroline Engelmann Gottheil, who is representing the Canadian Armed Forces Annuitants in their Court actions, pension surplus issues are dealt with very differently in the private sector. For example, pension plans that are registered under the federal pension legislation are not allowed to withdraw surplus without the consent of at least two-thirds of pension plan members. Mr. Halayko says that the federal government is creating two classes of citizens when it comes to pension rights and apparently, those who work for the federal government have no rights at all.

When visiting our web site, one of the things you must carry out on a periodic basis is a screen "refresh." As I update files to our Internet Service Provider's, (ISP), computer, the only way these new files can get to your machine by carrying out a screen "refresh." This procedure puts the newer files onto your machine. For both Netscape and Internet Explorer software "refresh" is carried out by pressing the F5 function key. (The Function keys are the row at the top of the keyboard.) When you carry this out, you will see the screen blink and then reload the new files from the ISP computer.