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ARMED FORCES PENSIONERS
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/ANNUITANTS
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ASSOCIATION OF CANADA
Agent Orange Conclusion
Basil McAllister’s Success
After a 10 year battle against the
government he served for over 20
years, Basil McAllister has seen suc-
cess in his Agent Orange disability
case. His disability application was re-
jected five times, but he remained de-
termined, powered by his need for
justice.
McAllister has been battling can-
cer of his skin, prostate, and bones, as
well as type 2 diabetes, and kidney
disease. He’s also watched as several
of his family members suffered
through seizures and strokes, and one
of his grandchildren was born with
Spina Bifida – all recognized conse-
quences of Agent Orange exposure.
He applied for a disability benefits
three times, and was denied, based on
findings in the Furlong report, written
40 years after the chemical spraying
of CFB Gagetown. After appealing
the review board’s decision twice,
McAllister was left with one option –
taking his own government to court.
On December 1st, 2014, the Hon-
ourable Justice Yves de Montigny
overturned the review board’s deci-
sions, finally granting McAllister his
due justice. From Justice de Mon-
tigny’s official report;
“I am of the view that the board
erred in finding that the new evidence
from the applicant was not credible,
and that the Furlong report is the best
evidence. It was unreasonable to dis-
card the statements of the applicant
and his comrades, because ‘they were
not in a position to know about the
scope of the spray program in ‘67, be-
yond what they would have learned
from the Furlong report, and other
sources in years that followed.’
Those people were on the ground,
shoulder-to-shoulder with the appli-
cant, and in the military, some even
high-ranking, many of them in receipt
of entitlement for a similar deceit.
Their testimony could not be swept
aside simply because it did not jive
with a fact-finding report written 40
years after the fact, especially, when
the report does not explicitly contra-
dict those witnesses’ reactions.”
There are many other Veterans in
similar situations – fighting for the
disability benefits they deserve, after
being exposed to Agent Orange,
Agent Purple, or Agent White – three
chemicals concoctions that are highly
toxic to humans. McAllister has al-
ready sent copies of Justice de Mon-
tigny’s report to organizations helping
these Veterans, because he worries
some might be tempted to give up. In
a December news briefing in Moncton
NB, McAllister noted that he’d been
in the military for 21 years, and his
biggest fight was against his own gov-
ernment.
“It’s frustrating, we
shouldn’t have to do that,”
says
McAllister, relieved that his own case
is closed.
There were times when Mr.
McAllister had to remind himself how
important his case was.
“I told myself
I’d fight them till I won or died. That’s
the vow I made,”
he said. If it weren’t
for that vow and the endless support
of so many others, he may not have re-
mained as determined as he has. To
those people, Mr. McAllister says,
“I
had a lot of help from people who
wrote letters in my favour, and who
supported me with letters and affi-
davits. Thank you for standing by
me.”
Basil is still waiting to learn how
much his pension benefits will be, but
at least he knows he’ll receive them.
He was awarded the 3 years of
retroactive payments allowed, and 2
additional years, for time spent in ad-
judication. While he remains quite ill,
his strength and dedication never wa-
vered. He’s a true inspiration. We wish
you and your family the best, Mr.
McAllister.
All photos courtesy of DND
and alliances with companies and or-
ganizations across the country. And as
you might expect, however, their need
is greater than the resources available.
PHWFFC was founded in 2009, and
will continue for as long as skilled fly
fishers are willing to volunteer with
them.
If you can donate time, finances,
your expertise, or help in any other
way, please visit their website, at
http://www.projecthealingwaters.ca/,
where you can find contact informa-
tion for the group or individual closest
to you.
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