Letter to MND: Impact on Language and Cultural Advisors

29 September 2023

 

The Honourable Bill Blair, PC, COM, MP
Minister of National Defence
Department of National Defence and The Canadian Armed Forces
National Defence Headquarters
101 Colonel By Drive,
13^th Floor, North Tower
Ottawa, Ontario
K1A 0K2

 

Dear Minister Blair,

I am writing to draw your attention to an issue impacting a small, but important, group of civilians who supported Canadian Armed Forces (CAF) operations in Afghanistan: the Language and Cultural Advisors (LCAs).

As you are likely aware, the CAFs’ deployment to both combat and training operations in Afghanistan represented the largest CAF personnel deployment since the Second World War. This was also the longest combat mission in the CAF’s history. Canadians at home supported our troops, and collectively felt the pain, sorrow, and loss alongside our CAF members.

For the past decade, the Government of Canada has implemented programs and services to support those who sustained the mental and physical scars of combat, including those who made the ultimate sacrifice in service to Canada. These programs and services are not perfect, but they represent a meaningful, leadership-driven effort to fulfill the expectations of all Canadians to take care of current and former CAF members.

But missing in this support is the care for these former LCAs who served alongside deployed CAF members (Kandahar 2006-2011; Kabul 2012-2014). They also require and deserve this leadership-driven effort to address real and persistent gaps in service and support. These Canadian citizens were hired in Canada as civilian employees of the Department of National Defence and served on a term basis. They worked alongside our members on the front lines during combat operations and assisted the valuable efforts of coalition and consensus building with regional and local political/tribal leadership. To date, their efforts to seek treatment and care for their mental and physical needs sustained while supporting our troops have been met with inaction. Both medical treatment and injury financial compensation have been inadequate or non-existent.

Fifteen of these former LCAs have contacted my office since July 2023. They contacted me after they were unable to achieve satisfactory adjudication of their claims at the Workers Safety and Insurance Board (WSIB) of Ontario, under the auspices of the Government Employees Compensation Act. While an appeal process is underway for some, the facts of this matter demonstrate a lack of government support for these Canadians. This is poised to become a shameful chapter in Canada’s military history.

Canadian citizens serving outside the wire in wartime

As previously mentioned, these former LCAs are Canadian Citizens, most of whom were originally from Afghanistan or Pakistan with knowledge of Afghan languages and culture. The CAF intelligence community recruited them for this work. Many expressed that their participation was their duty to help the country that had given them and their families everything. Those who served alongside the former LCAs described them as essential to CAF operations. Many served without pause or relief, in theatre, for over five years receiving accolades and commendations from successions of Task Force leadership. They were initially informed that their LCA employment would be within the relatively safe confines of Kandahar Airfield. However, within days of arriving in theatre they found themselves shoulder-to-shoulder with CAF on operations to Forward Operating Bases, villages, convoys, as well as various battlegrounds.

Knowing the inherent risks associated with their essential work in supporting deployed members of the CAF, appropriate efforts were not undertaken to ascertain the LCA’s welfare post-deployment. Many former LCAs were reluctant to seek medical attention for serious mental health problems that developed after their return to Canada, as they were concerned that this would require them to divulge sensitive or classified information about their time in Afghanistan.

Despite efforts within Assistant Deputy Minister Human Resources (Civilian) Total Health Management to assist these former LCAs by validating the nature of their specialized and dangerous work, the WSIB adjudications have so far been unfavourable to the LCAs and could indicate that the WSIB is not adequately calibrated for these deliberations.

WSIB adjudications

My office has evaluated the treatment of these fifteen former LCAs. Additionally, our office has read many of the WSIB’s decisions. While I do not have the mandate to review or assess the fairness of WSIB decisions, it appears that their system was not designed to deal with employees in positions similar to those held by the LCAs. Unfortunately, only the Department of National Defence and the Canadian Armed Forces understand the nuances of wartime and operational security. The denial of most claims has led to the former LCAs not having appropriate access to care, benefits and services that are reflective of their sacrifices.

Media attention

This issue has already received significant media attention. Since 2019, a series of national stories have highlighted concerns for the health and well-being of LCAs. Current and former CAF members and members of the Defence community, as well as Canadians across the country, have voiced their concerns publicly, often contacting your predecessors, urging assistance. Overwhelmingly, public reaction supports providing the appropriate support to the LCAs.

In Spring 2023, another media report by the Canadian Broadcasting Corporation highlighting the failure of the WSIB to render timely and appropriate decision was attenuated by a last-minute promise by WSIB leadership to revisit some cases. Despite this pledge, we have seen no WSIB movement to address this cluster of individuals.

Despite recent efforts by the Department to provide validation to WSIB in support of their claims, meaningful relief has not been forthcoming. Leaving this issue unresolved serves neither the Government of Canada, the former LCAs, nor Canadians’ interests.

Precedents for action

A precedent exists to establish programs and services for groups of individuals affected by tragedy, unfairness, and other hardships. I give you the example of the 1974 explosion at a Cadet camp at CFB Valcartier. My predecessor’s investigation report and recommendations led to the CAF establishing a robust program to assist those who were affected, injured, and killed in the incident.

Any review, program design, and fair outcome for the former LCAs must come through ministerial direction, and not through bureaucratic means. Senior leadership of the DND and the CAF must operate within established lanes. Leadership-driven decisions of this nature must come from the executive branch of government.

As I stated to the Deputy Minister of National Defence in 2019, “While the moral obligation to care for and support military members is prominent in contemporary Canadian consciousness, there is less consideration evident of similar obligations for civilian employees who can suffer injuries or illnesses similar to those suffered by [Canadian Armed Forces] members, as a result of their contributions to the same international operations”.

The care for these former Language and Cultural Advisors is a moral obligation, and their well-being is a Government of Canada responsibility.

I am available to discuss this urgent matter at any time.

Sincerely,

 

Gregory A. Lick, CD

Ombudsman