Letter to Gary Goodyear re: Federal Responsibility

re: The Association of Workers Compensation Boards of Canada (AWCBC) - "It would seem the age old excuse concerning federal and provincial jurisdictional issues, will not suffice in this instance because your Ministry (science and technology) sanctions the AWCBC constitution and by-laws. . . . the provincial and territorial governments have been allowed by the government of Canada, to create and enact, unfair WC Acts and subsequent amendments, that, discriminate and penalize the D/W (disabled worker) and their family, simply because a workplace injury was suffered and resulted in either a partial or total permanent disability. Permanently D/Ws with accepted WCB claims, face a barrage of mental and psychological terror techniques applied by the WCB's, which in some cases are the cause of extreme secondary injuries i.e.; physical, mental, psychological and emotional wounding, which if left without proper medical, and psychological intervention, can and does lead to death and death by suicide. When will you Mr. Goodyear, as Minister of State (science and technology), begin to carefully scrutinize the activity of the AWCBC  membership and put a stop to harm being brought to Canadian citizens who have unfortunately suffered an injury resulting in a permanent disability, just by going to work? . . . when the WCB's clearly violate the Canadian Charter of Rights and Freedoms and the various provincial and territorial Human Rights Codes, what is you Ministry and the Government of Canada prepared to do to stop this torture of the D/W?"

I recently visited the AWCBC home web site at  http://www.awcbc.org/en/index.asp . Upon a further search of the AWCBC web site, I came across the following document entitled, AWCBC Constitution and By-Laws, http://www.awcbc.org/common/assets/english%20pdf/constitution.pdf . To my surprise, the AWCBC constitution and By-Laws must be sanctioned by the Minister of State in charge of science and technology. You sir, are that Minister.

Are you aware of the injustices, perpetrated on a segregated, separated section of Canadian society, the Disabled by Occupation Workers (D/W), by the workers compensation boards (WCB) or the membership of the AWCBC? Are you also aware of the human and charter rights violations the WCBs commit against the D/Ws, because the WCBs, have a right, to circumvent the Canadian Charter of Rights and Freedoms and the various provincial and territorial Human Rights Codes? Why would the Government of Canada and your Ministry in particular, allow these AWCBC members have the right, to separate then segregate D/Ws from society, as they do?

It would seem the age old excuse concerning federal and provincial jurisdictional issues, will not suffice in this instance because your Ministry (science and technology) sanctions the AWCBC constitution and by-laws. The federal government refuses to acknowledge the fact, that the WCB's across Canada are the cause of deep rooted depression, poverty, the breakup of family units, the denial of proper medical diagnosis and treatment of injuries and disabilities, secondary injury by forcing D/Ws back to the workplace while still injured, intimidation and fear, by threatening D/Ws with loss benefits for non-compliance. The employers of Canada and the employer insurance company (WCB), for the most part are free from liability, and any further damage caused to the D/W and their family members because the provincial and territorial governments have been allowed by the government of Canada, to create and enact, unfair WC Acts and subsequent amendments, that, discriminate and penalize the D/W and their family, simply because a workplace injury was suffered and resulted in either a partial or total permanent disability.  Permanently D/Ws with accepted WCB claims, face a barrage of mental and psychological terror techniques applied by the WCB's, which in some cases are the cause of extreme secondary injuries i.e.; physical, mental, psychological and emotional wounding, which if left without proper medical, and psychological intervention, can and does lead to death and death by suicide.

When will you Mr. Goodyear, as Minister of State (science and technology), begin to carefully scrutinize the activity of the AWCBC  membership and put a stop to harm being brought to Canadian citizens who have unfortunately suffered an injury resulting in a permanent disability, just by going to work? The Canadian WCBs must be reigned in and fairness brought back to the WCB systems. Justice William Meredith (Ontario 1914) envisioned a way for workers compensation was to operate and it was adopted by the Ontario government. Originally, worker litigation against the employer was to be given up by the worker, in return for fair and timely, equitable financial and medical treatment to the D/W and their family from an accident fund, collectively paid into by the employers. It would seem the WCBs of today, rely on the WCBs own internal adjudication and appeals tribunals or commissions, who in turn decide appeals on WCB policy. The human element has been completely ignored and D/Ws are falling through the cracks because of the truly broken and adversarial natures of the WCBs across Canada.

Does the Federal Government of Canada sanction the constitution and by-laws of the AWCBC? And if so, why would the Canadian Federal Government, allow these various WCBs across Canada, AWCB members, treat D/Ws who sustain permanent partial or total disability? And when the WCB's clearly violate the Canadian Charter of Rights and Freedoms and the various provincial and territorial Human Rights Codes, what is you Ministry and the Government of Canada prepared to do to stop this torture of the D/W?

Sincerely,

an 'individual Canadian citizen'

Peter C. Clare

cc:  Right Hon. Prime Minister Harper


Back to Article Index