OTTAWA | April 3, 2009

Agent Orange payment excludes too many

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For the families of Agent Orange victims, Feb. 6, 2006 is a very significant date.

This day determines whether or not they will receive ex gratia payments from the Conservative government- a one-time, tax-free payment of $20,000 to the families of veterans affected by the testing of unregistered U.S. military herbicides, including Agent Orange, at Canadian Forces Base Gagetown in 1966 and 1967.


Bette Hudson will be a thorn in the government's side until it recognises and compensates familes like hers.

However, the families only qualify for the compensation if their relatives passed away after Feb. 6, 2006, when the Conservative party came into office.

Richard Roik, the director of communications for the Minister of Veteran Affairs, says that no exceptions will be made because that is when the current government became responsible for the issue.

Also, applications were to be submitted before Apr. 1, 2009.

Minister of Veteran Affairs Greg Thompson says this deadline may be extended in “extenuating circumstances,” such as if a potential applicant had been outside of the country for an extended period and had not heard about the application deadline in time.

These restrictions on compensation have been criticized by many veterans and their families. Widows on a Warpath, a group of 80 women whose husbands died from illnesses associated with Agent Orange, are fighting the Feb. 6 and Apr. 1 dates. As explained on the group’s website, their struggle is dedicated to “our husbands who did not have the ‘foresight’ to die on or after the date set by the government of Feb. 6, 2006.”

Founder Bette Hudson, whose husband died in 2004, says the money is not the group’s main concern. She says the women want the government to recognize the effect that Agent Orange had on their husbands’ lives.

“It’s not the money, it’s the principle,” she says. “Our goal is to throw out that date.”

Not backing down

She says that although the Apr. 1 date has not been changed, the Widows will continue to fight until they receive what they believe they deserve - payments and a formal apology from the government.

“We will continue this battle,” she says. “We’ll meet on the 21st of April, and we will come up with new strategies and new tactics to carry on…the battle will continue.”

Hudson says the group’s future plans may involve a trip to Ottawa.

Opposition members of parliament have joined their cause. Peter Stoffer, NDP Veteran Affairs critic, has called on the Conservatives to extend the Apr. 1 deadline and has described the payments as “astonishingly low.”

“I think it’s absolutely cruel what they did,” he says. “To tell someone if you die after, then you can apply, but if you die before you don’t qualify…Don’t forget, [the Conservatives] screamed and yelled at the Liberals, saying ‘we would do so much more, so much better,’ I find that unforgivable.”

There are also strict regulations for those who died after Feb. 6, 2006. To qualify, the person must have lived or worked within five kilometres of the base between 1966-67.

Also, their cause of death must be found in the list of illnesses associated with Agent Orange exposure, as stipulated by the U.S. Institute of Medicine. This includes Hodgkin’s disease, lymphoma, respiratory cancers, prostate cancer, and type II diabetes.

As of Mar. 23 Veteran Affairs Canada has received 3,355 applications. Of these, 2,153 have been approved and 878 were denied.

Leftover cash debated


CFB Gagetown was the focal point of the Canadian Agent Orange sprayings.

There has also been controversy over the allocation of the remaining money. The federal government set aside $95.6 million for the compensation payments, but not all of this money is expected to be paid out. The government says the remaining money will be returned to general revenue.

Bob Butt, director of communications for the Royal Canadian Legion, says the leftover money should go towards veterans' programs.

“We’re reasonably happy with the fact that the government has decided to spend the money for the people, but we are not happy with the restrictive guidelines they have imposed,” he says. “They overestimated what they would pay out, and instead of opening up the dates a little further, this money won’t be spent.”

He says that the Legion’s committee will be meeting soon to discuss how it will further address the situation.

This is not an issue that will simply go away. Veterans and their families are currently engaged in a class action law suit against the government and are also calling for a public inquiry about the federal government’s handling of the issue.

Cover image courtesy of U.S. National Archives

International attention

The CFB Gagetown sprayings have caught the interest of a New York film crew which is currently conducting interviews in the area.The documentary is tentatively titled Gagetown: Canada's Dirty Secret and will be a submission at the Toronto International Film Festival in the fall.

The self-funded project focuses not just on the Agent Orange incident, but on the personal stories of those affected by the spraying of more than 1.3 million liters of liquid defoliants and 1 million kilograms of dry powder defoliants at base Gagetown over a 28-year-period from 1956 to 1984.

The documentary’s producer, Gregg de Domenico, says the project hopes to fill a void that currently exists in the coverage of the Gagetown sprayings.

“It’s an emotional rollercoaster to sit with people and hold their hands and have them tell you how sick they are, what their life isn’t anymore and what it could have been,” he says. “We can capture these things and hopefully share this story with the rest of the world and maybe get some attention for these people.”

Glossary

Defoliant: A chemical which causes the leaves to fall off plants.

Agent Orange: A strong defoliant made famous when used by the U.S. military in Vietnam.

Dioxin: A highly toxic compound produced as a byproduct in some manufacturing processes, notably herbicide production.

What happened?

1952: Canadian Forces Base Gagetown opens in New Brunswick.

1956: Attempts to maintain cleared areas brush-free by means of chemical herbicides and defoliants begin. Military commanders said they needed to clear the dense forest to conduct training exercises.

1966 and 1967: At the invitation of the Canadian government, the US military conducts tests of spraying Agents Orange, White and Purple among other compounds at Gagetown.

May 2005: The CBC National, CTV, Global TV and hundreds of  newspapers across Canada reported the ongoing stories of the spraying of Agent Orange and Agent Purple at CFB Gagetown.

Aug. 2005: Department of National Defence’s response to Agent Orange is announced: an Outreach Coordinator and three fact-finding tasks to be contracted out.

Jan. 2006:  Stephen Harper promises Agent Orange Compensation

Sept. 2007: Agent Orange ex gratia payment announced.

Source: Agent Orange Alert

What does it take to compensate?

To receive the ex-gratia payment individuals must:

  • Have been alive on Feb. 6, 2006.
  • Have worked at, trained at, been posted to, or lived within five kilometers of CFB Gagetown when Agent Orange was tested in 1966 and 1967.
  • Between June 1, 1966 and Feb. 6, 2006, been in the process of being diagnosed with an illness associated with exposure to Agent Orange as determined by a list put out by the U.S National Academy of Sciences’ Institute of Medicine.

The primary caregiver of someone who would have qualified but passed away after Feb. 6, 2006, may also apply for the payment.

Applications must meet all criteria in order to be successful.

Source: Veterans Affairs Canada

What else can be done?

A class action lawsuit was launched in 2005 in the Federal Court of Canada on behalf of plaintiffs who claim to have suffered various types of harm and injury as a result of the use and disposal of Agent Orange, Agent Purple, or Agent White at CFB Gagetown between 1956 to 1985.

Disability pensions have been offered by Veterans Affairs. Canadian veterans who can establish a medical case linked to Agent Orange may apply. Applications are reviewed on a case-by-case basis. In Sept. 2005, Veterans Affairs reported receiving 100 applications, reviewed 45 and approved one for a pension.

Source: Agent Orange Alert

An American example

In 1978, the U.S. Department of Veterans Affairs (DVA) set up the Agent Orange Registry, which included medical examinations for veterans at DVA medical centres.

Since 1981, DVA has conducted an education campaign for veterans on Agent Orange and its health effects. They have also conducted extensive research on Agent Orange.

DVA grants disability pensions on a presumptive basis. If a veteran has a medical condition proven to be linked to Agent Orange, he or she is granted a pension without needing to prove causation.

Source: Agent Orange Alert