Thursday, 9 May 2013


I wrote to Parliament and the Human Right's Commission, reference this issue. I left the names out because they are trying to help. My email was written, as follows:
 I am writing you with the greatest respect. I had contacted my MP years ago and the two weeks he said it would take him to get back to me, have long passed. This is why I am writing you. I believe you will understand why.

In 1999, I had to go through the ADR (Alternate Dispute Resolution) process because a Base Commander was Harassing me. I filed a complaint and he made himself judge. Found himself, surprisingly, NOT GUILTY. After years of following the military grievance system, my file got finally to the CDS(Chief of Defense Staff). He was the only Senior Officer I had come across, since filing my complaint, that actually agreed with me and the fact that, you can not adjudicate yourself. This was all in contravention of the written Orders too.

The" Terms of Settlement" were signed  01 April 1999. No File number on the agreement but the ADR was directed by the CDS and the legal "Terms", were signed for the government of Canada on Behalf of the Queen. Within the "Terms", it refers to the government as: Her Majesty the Queen, Her Officers, servants and agents. No one Canadian mentioned. 

During my military service I was injured severely. Both physically and mentally. I filed for Veteran's benefits sighting this case as part of my claim. VAC denied my claim because DND said that no Harassment Complaint was ever filed and there was no paperwork to substantiate my claim. I had kept my copy thinking something like this might happen. I sent DND a copy of the letter written to me by the CDS and a copy of the, "Terms of Settlement." I applied again for benefits and again, was denied. This time because DND said they (the file and documents) were destroyed as a matter of course and they could not verify my story. I went to BPA (Bureau of Pension Advocates) for help. After 1 year they had done nothing for me. I wrote my own request for a Departmental Review. I finally won my case.

DND still denies having the documents, even though there were letters from the CDS, legal documents signed on behalf of the Queen amongst many hundreds more. I asked VAC to help me force the documents from DND. They stated; it is not in our mandate. They said the only way I could tell DND how unacceptable it was that they lost or destroyed the documents (legal ones too) was to take them to Federal Court. I asked VAC to help me as a diagnosed mentally disabled veteran and their response was; it is not in our mandate. This 3 years of fighting and  suffering hospitalized me due to mental problems and torments me to this day. I lost 3 years of benefits because of this situation. There was no file number on the agreement or CDS letter nor any expiry date because I signed knowing I could use this case for pension reasons as stated in the, "Terms."

I'm diagnosed as permanently mentally disabled. I can no longer pilot, VIP Airbus Aircraft because of this. I took the only step left for myself and filed a case in Federal Court against the Queen for damages. All Officers in Canada swore allegiance to the Queen, not Canada. My "Terms", were signed by a General on behalf of the Queen. This ADR was directed by the second highest ranking Officer in Canada, the CDS. I asked the GG (Governor General our military Commander in Chief) for help and he would not even respond. This is a purely military case, dealing in military law. I have no problems with the PM or the MND. I asked them clear questions and got honest and clear answers. I didn't get the same from the military.

I am now filed in Federal Court (T-625-13). As the Plaintiff and being mentally disabled, I asked the court to appoint me a lawyer since it would bankrupt me to pay the cost and I have already given so much to this country.

Omar Khadr, gets a free lawyer. Terrorists, get free lawyers. Murders get free lawyers. BUT! A law abiding Canadian (multiple war) veteran, is denied. The same pilot that flew the "UNKNOWN SOLDIER", home from France. The Federal Courts response to my request was, to just say NO! plus photo copy and mail me an entire copy of the Federal Court Rules. That's it! ("GOT THE BOOK!")

I thought this was quite a slap in the face. It would be the same as yourself, rolling up to the steps of Federal Court and having asked for a ramp for access, they gave you some bags of concrete, a mixer, shovel and water and said, see you inside. Oh by the way, the trial it is beginning in a few hours. If you can't make it in we will file against you. Unfair to say the least! Discrimination, you bet!

I filed a Human Right's Complaint for DISCRIMINATION on my mental disability. Sir, I hope you now understand my situation as a disabled person yourself. With your assistance, might I request a Ministerial Inquiry into this matter and help with my case at the HRC (Human Right's Commission). Thank you


Captain (R) Michael I. Cole, CD1

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