Official Complaint To Mr. O'Toole Minister of Veterans Affairs of the Wrong Doing By a VRAB Board Member Richard Bonin who was recently let go after 20 years on the VRAB

[Guest]

The officical complaint sent to MInister of Veteran's Affairs can be reached at the following link;
https://docs.google.com/document/d/1NWozujUTKvNOSWKDRPW_EsFJhuLaUpMJpxitnjO122c/edit

Letter from VAC indicating that Minister O'Toole has been made aware of the complaint, the link is as follows;
https://docs.google.com/document/d/1FFsVrIJoinT6mLDSmT2pJLFB9bN4uZURyCZHypfut2I/edit

The endorsed synopsis of events involving VRAB Board member Richard Bonin's ilegal tactics towards  a disabled RCMP Veteran who had to go to Federal Court twice and finally won his disability claim because Richard Bonin was caught breaking the VRAB Act. Regulations and defying a Federal Court order. the link is as follows;
https://docs.google.com/document/d/1cU_cbRqTc5Cagak5-JiPPgS8Ke5DKljmofc0gmFtw34/edit


January 26, 2015

Dear Mr. O’Tool I would like you as the new Minister of Veterans Affairs to consider this letter a formal complaint against the questionable practices by the Veterans Review and Appeal Board. The reasons are as follows;


1.   That VRAB Board member Mr. Richard Bonin who was the Chairman at my Entitlement Review hearing on September 20, 2005 in regards to my claim of Lumbosacral Strain with Sacroiliac Dysfunction because of a duty related injury has a history of not abiding by the VRAB Act and Regulations and has demonstrated this bias against another former disabled RCMP Cpl Eike Teubert, which resulted in a negative decision and who was forced to endure  two expensive Federal Court Judicial Reviews because of this bias.

2.   Mr. Richard Bonin defied a Federal Judges court order by sitting as the presiding member of a Reconsideration Hearing Board for former RCMP Cpl Eike Teubert while having sat on a Review Hearing Board on the same case where a newly constituted board was ordered by the stated Federal Court Judge contrary to the VRAB Act.

3.   Mr. Richard Bonin was identified as the 3rd Veterans Review and Appeal Board Member who sat on his Review Board by former RCMP Cpl Eike Teubert’s BPA lawyer and that Richard Bonin took an active roll in the Review Hearing and failed to have his name added to the Review Hearing decision contrary to the VRAB Regulations.

4.   The level of proof was unfairly raised higher than was required by the VRAB Act by the VRAB Review Board Chaired by Mr. Richard Bonin as well as the subsequent Appeal Board and Reconsideration Hearing Board both Chaired by  presiding member Mr. C.L. DePontBriand in my case i.e. former RCMP Cst. Eric Rebiere.

5.   It is unconstitutional for VRAB Board to practice a double standard with Reconsideration Hearings by not following the lead of the Federal Courts and how the Federal Courts based on  judicial fairness order how a Reconsideration hears should be constituted.







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Synopsis of evidence

When I learned of the story of former RCMP Cpl. Eike Teubert and his dealings with VRAB board member Richard Bonin and the bias Mr. Bonin directed towards him, reinforced my feeling that Mr. Bonin was biased towards myself and my back injury claim of SI dysfunction which I also strongly feel influenced  the board members that presided at my denied appeal and  reconsideration hearing.  I have taken a lot of time to write and provide the VRAB Reconsideration Unit the reasoning and evidence  why I feel Mr. Bonin and subsequent appeal and reconsideration boards followed his lead to deny my claim of SI dysfunction right to the bitter end. The Story of Former RCMP Cpl Eike Teubert is why.

Former Cpl Eike Teubert is assisting me by providing evidence (Appendix 1) from his own dealings with VRAB board member Mr. Richard Bonin and I have permission to provide the Reconsideration Unity a copy of the events involving former RCMP Cpl Eike Teubuert and his dealings with Mr. Bonin which he has personally endorsed as true.  He has also provide some medical information to show how sever his injury was when Mr. Bonin denied him his claim and was forced to appeal and ultimately go to the Federal  Courts twice for Reconsideration Hearings at great expense. This is attached with this document that provides concrete proof that Mr. Bonin’s objectivity was self compromised to the detriment of a severely disabled former RCMP Cpl Eike Teuburet. I have his permission to submit this endorsed copy of the synopsis of events as well as the medical information he presented at his VRAB Review Hearing in 1999 to show the severity of his duty related injuries.
This past Summer I had a departmental review hearing in Kingston in regards to a PTSD related claim and was very concerned with my BPA lawyer identified the Chairman of the 2 person VRAB board as being Mr. Richard Bonin.  I explained to my BPA lawyer the evidence of bias against former RCMP Cpl. Eike Teubert and objected to have Mr. Bonin and his board hear my Departmental Review because of fear of bias as a result of publishing the evidence exposing Mr. Bonin’s bias towards disabled veterans i.e. Eike Teubert on social media.

Ms. Kim my Bureau of Pensions Advocates Lawyer made the objection that I feared bias and requested to have another board hear my departmental review.  As was done when Mr. Bonin was the chairman of the 2nd Federal Court ordered VRAB Reconsideration hearing for Eike Teubert  which Mr. Bonin had no business being on, Mr. Bonin  ignored the concerns of the BPA lawyer Mr. Kellahar and ruled  that the Reconsideration Hearing was in fact properly constituted and continuing to defy the Federal Court Judges order that a newly constituted Reconsideration Board be convened to hear  former Cpl. Eike Teubert’s case.

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This was the second time round former Cpl Eike Teubert who at his own expense, had to hire a lawyer in order to apply  a second Federal Judicial Review where Mr. Bonin was exposed for breaking the rules  resulting in his disability claim finally being  approved by Mr. Bonin and his Reconsideration Board.  

Did Former Cpl. Eike Teubert have to go through the stress and expense of two Federal Court Judicial Reviews in order to get a disability claim approved when it should have been approved at least at the VRAB appeal level?  Former  RCMP Cpl Eike Teubert  is owed the unnecessary legal expenses as a result of the proven bias set against him by VRAB Board member Mr. Richard Bonin which was nothing short of  mental,  physical and financial abuse against a  severely disabled former RCMP officer who has had to have a titanium rod surgically fused to his spine so he can walk.

When I challenged Mr. Bonin for bias against me he also ruled that there was no bias, heard my case and my disability claim was also approved and why because if he had denied my claim which I believe he was there to do feared his wrong doing would be brought up in my appeal which it would have been the case.   In the decision Mr. Bonin who was the Chairman  at my Review Hearing was not indicated as being the Chairperson rather the other Board member.  Mr. Bonin was a long time VRAB Board member joining in 1995 and in September of 2014 his contract with the VRAB was not renewed. This was no coincidence.
I  requested through Bureau and Pensions Advocates i.e. BPA  lawyer Mr. Aidan Sheridan who represented me with the Reconsideration Board hearing which resulted in the VRAB Board  decision on September 16, 2008. The Chairman of the Reconsideration Hearing was non other than Mr. C.L. dePontBriand who was also the chair of my July 11, 2006 appeal Board.  Mr. dePontBriand was the Chairman of my Reconsideration hearing for one purpose only and to deny my disability claim for my duty related back injury of SI Dysfunction once and for all.  The decision by Mr. dePontBriand (Appendix 17)  and his board was short and sweet and discounted new evidence by a back specialist Dr. Gavin Shanks (Appendix 18).

The Reconsideration Hearing chaired by Mr. dePontBriand states at the bottom of page 2 that and I quote;
“ The Board also finds that neither an error of fact or error of law was made by the previous Panel.”
Mr. dePontBriand was referring to himself in this regard as being the chairman of the previous Appeal panel. To me as a former RCMP officer this is comical for a VRAB Board member to assess and adjudicate his own previous appeal decision and find there is nothing wrong. This is very contrary to judicial fairness and any Federal Court Judge would agree.  Mr. dePontBriand is
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very much wrong in his adjudication and referred to no pervious evidence from the other VRAB panels at all.  All that was done was getting rid of my disability claim which is unacceptable to me.
I find Mr. dePontBriand being the chairman of my Reconsideration hearing a conflict of interest in regards to judicial fairness which the Federal Courts respect under their legislation and the VRAB do not.  As you know the Federal Courts govern the VRAB board and has “Original Absolute Jurisdiction”  where the VRAB Boards under the VRAB act have “Absolute Jurisdiction” .  It is the Federal Courts that hear VRAB related Judicial Reviews and has jurisdictional control over the VRAB which is a fact.

My issue with the VRAB practice to have a Reconsideration hearing heard by the same Board members who denied my appeal for the disability claim in the first place is a blatant conflict of interest. Why because the Federal Court Judges in their decisions and direction to the VRAB always include with their decisions/direction to the VRAB the  court order for the VRAB to convene a newly reconstituted Reconsideration Board of VRAB Board members who have had nothing to do with the case at all.

Mr. Eike Teuberts second Federal Court Judicial Review decision on June 4, 2002 where Federal Court  Madam Justice Dolores M. Hansen stated and I quote;

“Accordingly, the application for judicial review is allowed and the matter is remitted for reconsideration by a differently constituted panel of the VRAB in accordance with these reasons.”

So There is a double standard for VRAB Reconsideration hearings where the VRAB appeal panel that denied a disability claim percids over  the Reconsideration Hearing of the same applicant/ disability claim while the Federal Court Judges make the order to the VRAB to have a “differently constituted panel of the VRAB” (Board).  Federal Court Judges who make a court decision do not hear the appeal to their decision but rather a Court of Appeal by a new judge. As far as I am concerned Mr. dePontBriand was nothing short of a hatchet man getting rid of my disability application that was of course denied by Mr. Richard Bonin.


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I know quote the Federal Court Act Section 18.1(3) which states;

Application for judicial review
·    18.1   (4) The Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal
o (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;
o (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
o (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;
o (d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;
o (e) acted, or failed to act, by reason of fraud or perjured evidence; or
o (f) acted in any other way that was contrary to law.


I refer now to the Veterans Bill of Rights from the VRAB Web site.

http://www.vrab-tacra.gc.ca/Bill-of-Rights-Declaration-des-droits-eng.cfm

Rights

You have the right to:
Be treated with respect, dignity, fairness and courtesy.
Take part in discussions that involve you and your family.
Have someone with you for support when you deal with Veterans Affairs.
Receive clear, easy-to-understand information about our programs and services, in English or French, as set out in the Official Languages Act.
Have your privacy protected as set out in the Privacy Act.
Receive benefits and service as set out in our published service standards and to know your appeal rights.

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You have the right to make a complaint and have the matter looked into if you feel that any of your rights have not been upheld.
I know refer to the big one  The Charter of Rights and Freedoms  

Equality Rights
Marginal note:Equality before and under law and equal protection and benefit of law
·    15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
This double standard of pay for a lawyer get a Federal Court Judicial Review and a newly constituted Reconsideration VRAB panel as opposed to apply for a Reconsideration hearing through the Bureau of Pensions Advocates  and the VRAB panel who denied your claim on appeal get to preside at your Reconsideration hearing and deny you again.  This double standard is blatantly discriminatory and unconstitutional.

Mr. dePontBriand like Mr. Richard Bonin are no longer VRAB Board members which is not the  real issue here, the real issue is how much mental, physical and financial damage has been done over there years at the detriment of  disabled Military and RCMP veterans?  The case of Former RCMP Cpl Eike Teubert and myself are just two examples.
One can count the Federal Judicial Reviews where Federal Court Judges have quashed VRAB decisions and sent them back, some twice, with directions to the VRAB to pay attention to the rules and case law.  I shudder to think how many have been the subject of these unjust practices by the VRAB?
The news media reported on a former VRAB Board member Mr. Harold Leduc who had his privacy breached and was the subject of alleged harassment by other VRAB Board members because he was interpreting the VRAB Act as it should be.  This is a very disturbing event within a “Qusi Judicial Board” which has control over the welfare and wellbeing of this countries serving soldiers, RCMP officers and disabled veterans of both not to forget the families.
I have served Canada as a soldier from 1975 to 1981, then as an RCMP officer from 1982 to 2006, a combined service of 32 years. During that time I also became a veteran of 3 United Nations peace keeping missions resulting in a serious case of Post Traumatic Stress Disorder
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which cut my RCMP career short because of this disability. I have been fighting since 2004 in regards to this claim. I have proven my case and having the likes of Mr. Bonin who I have provided evidence of his breaking the rules and the law at the detriment of a severely disabled former RCMP Cpl Eike Teubert  really makes me feel ill.
Was Mr. Bonin a behind the scenes influence that resulted in my disability claim for my back injury of  SI dysfunction being denied? If he Mr. Richard Bonin could do this to Former RCMP Cpl Eike Teubert I believe it happened to me. It really is obvious some influence within the VRAB discounted all the evidence I submitted in order to not approve my disability claim.  .  I would like to know how many disabled veterans claims have been the subject of this exposed bias and illegal actions by Mr. Bonin and other VRAB Board members past and present who were and are bound by oath to be at arms length while sitting as a judge on the VRAB Board. A fair question to ask here is  Eike Teubert and myself  just the tip of the iceberg??
I know refer to the Veteans Review and Appeal Board Act Section 42. (1) (2) (3)
nquiries
·    42. (1) The Chairperson may recommend to the Minister that an inquiry be held to determine whether a member should be subject to disciplinary or remedial measures for any reason set out in any of paragraphs 43(2)(a) to (d).
· Marginal note:Judge to conduct inquiry
(2) If the Minister considers it appropriate that an inquiry be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 43 referred to as a "judge", shall conduct the inquiry.
· Marginal note:Powers
(3) A judge conducting an inquiry has all the powers, rights and privileges that are vested in a superior court and, without restricting the generality of the foregoing, has the power
o (a) to issue to any person a summons requiring them to appear at the time and place mentioned in the summons to testify with respect to all matters within their knowledge relative to the inquiry and to bring and produce any thing that they have or control relative to the inquiry; and
o    (b) to administer oaths and examine any person on oath.
· Marginal note:Inquiry public
(4) Subject to subsections (5) and (6), an inquiry shall be conducted in public.
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· Marginal note:Confidentiality
(5) A judge conducting an inquiry may, on application, take any measures or make any order that the judge considers necessary to ensure the confidentiality of the inquiry if the judge is satisfied that financial or personal or other matters may be disclosed and are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that the inquiry be conducted in public.

Minister O’Tool  I have no faith in the VRAB board as do a lot of Military and RCMP veterans and to send this complaint to Mr.  John Larlee the Chairman of the VRAB is a waste of time.  I will leave that to you.   I have provided you with evidence that former VRAB Board member Mr. Richard Bonin has broken the law as it pertains to the VRAB ACT, The VRAB Regulations and the Federal Court Act.  This is not conjecture and I demand you exercise section 42  of the VRAB Act and have public inquiry by a FEDERAL COUR JUDGE into this.  
If you Sir and the Conservative party want to have the confidence of the serving members of the Military, RCMP and the veterans of both, there needs to be transparency in the form of a public inquiry by a Federal Court Judge in order to assess how much unnecessary mental, physical and financial hardship has been unjustly inflicted upon disabled Veterans such as Former RCMP Cpl. Eike Teubert.
Mr. Bonin was a VRAB Board member from 1995 until his contract was not renewed this past September 2014.  How many times in 19  years of being on the VRAB has Mr. Bonin done this which is a very fair question to ask and needs to be investigated.  How many disabled veterans have committed suicide because their legitimate disability claims where unfairly turned down??

I admire the tenacity of Eike Teubert who did not give up even after spending thousands of dollars on unnecessary legal bills which as far as I am concerned the Department of Veterans Affairs owes him due to this deliberate injustice inflicted upon him by Mr. Bonin and his bias towards Mr. Teubert.  As for me I have sent all this information to the VRAB Reconsideration Unit because of Mr. Bonin being involved in my disability claim with the faint hope that they will see that I to have been unfairly treated had have proven my case a very long time ago.  
As I grow older my back injury grows worse which really  angers me to the point that I am ready to chain myself to the front doors of Veterans Affairs Canada with a cane.

This “Quasi Judicial” VRAB Board has no accountability and the only resolution to all this and again I repeat myself is for a public inquiry by a Federal Court Judge which you Sir have the power under the VRAB Act to initiate.  I would respectfully ask you as a fellow veteran to do your job and deal with this.  Prime Minister Harper the other night told the media that he
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intends on playing a more active roll in dealing with global terrorism and “not sit on the sidelines”.  You can’t commit Canadian troops to war zones while the casualties which are inevitable come back to “The Hometown Battlefield” (song by Canadian J.P. Cormier  https://www.youtube.com/watch?v=Wq0X0bwMprQ ) where they are forced to push a rock up a hill by having to fight unnecessarily with the VRAB and to what end? Mr. O’Tool please listen and order the public inquiry?

If you would like to speak to Eike Teubert he can be reached at 1-403-342-6370 or myself at 1-613-888-1440.


Respectfully
Eric Rebiere (Former Cst RCMP 37515 LSGC and Military Veteran).