Abstract

LAY SUMMARY This article examines the different levels of liability Canada has assumed for disabled serving military members and Veterans from 1866 to 2020. Throughout Canada’s history, the first consideration for financial compensation has been the enrolment component of the casualty, that is, Regular, Reserve, or Special Force. Since 1883, disabled serving Regular Force members have received full pay and benefits while recovering from service-related injuries. Whether through the Militia Act, the Pension Act, long-term disability insurance, or the current Veterans Well-being Act (VWA), disabled Regular Force Veterans received financial compensation based on lost earnings. Before 1914, Canada’s military was a predominantly part-time militia, and if a member was disabled or killed due to a service-related injury or illness, lost civilian earnings and family circumstances were considered in financial compensation. From the First World War until the 1970s, serving reservists were eligible for military pay and benefits while recovering from service-related injuries. Currently, subject to an investigation clearing them of fault or malfeasance, they may apply for an allowance equivalent to military pay with no benefits. Between 1919 and 1999, the government accepted less and less liability for disabled Reserve Force Veterans until recent changes to Veterans benefits legislation incrementally improved this.

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