Veterans’ families need legally mandated access to mental health care, watchdog says

It’s been more than three years since Veterans Affairs Canada (VAC) decided to ease restrictions on access to mental health services for the families of soldiers, sailors and crew in trouble. And the country’s veterans ombudsman says little has changed in that time.

Nishika Jardine published a new retrospective report Wednesday that provides a snapshot of the recommendations her office has made in various reports over the years and evaluates whether they have been implemented.

Four years ago, CBC News highlighted a handful of veterans’ families whose mental health care was denied or limited, largely due to policy changes at VAC.

In 2021, the veterans watchdog published a report calling on the federal government to “ensure that family members, including ex-spouses, survivors, and dependent children, have independent access to federally funded mental health services,” and to ensure that their access is not contingent on whether the veteran is in treatment.

VAC agreed with the recommendation. But Jardine’s new report says the recommendation has not been implemented — largely because ensuring wider access to those services would require changes to legislation.

“The department, with all credit to them, is doing what they can for families within the boundaries of the [current] “We need to review the legislation,” Jardine told CBC News.

The issue of family members’ access to mental health care has long been a concern, and Jardine says it comes up again and again as she travels around the country.

“We hear heartbreaking stories of family members with mental health issues that are directly related to their service as a military family. If the veteran is not in treatment, does not want treatment or does not want their family to be involved in treatment, they are essentially left out in the cold,” she said.

The federal government imposed restrictions on access to mental health care for veterans’ families five years ago. The policy change was made in response to a political embarrassment: the case of convicted murderer Christopher Garnier, a veteran’s son who received taxpayer-funded treatment for post-traumatic stress disorder.

Although Veterans Affairs Canada never formally changed its family care policy, it did adopt a much stricter interpretation of it.

In the winter of 2020, just before the pandemic, CBC News documented several cases of families being forced to pay out of pocket for mental health services they previously received from the federal government.

After the ombudsman’s office investigated, then-Veterans Minister Lawrence MacAulay ordered VAC to relax its interpretation of the rules. Jardine said that wasn’t enough.

When asked for an update by CBC on Wednesday, two of the families CBC spoke to in 2020 declined to comment on their circumstances, but they did acknowledge that they had heard stories of other service members whose relatives are still struggling to get support.

‘A door slammed shut’

Jardine said one of the most common issues veteran families face is losing access to counseling after a veteran dies. While surviving spouses and children have access to grief counseling in the short term, there is nothing for them in the long term.

A similar situation arises when the pressure of military service leads to a divorce.

“If there’s a family breakdown, the kids are no longer covered,” Jardine said. “The family is no longer covered because they’re no longer part of the veteran’s family. So that’s something you don’t even think about, but all of a sudden a door is slammed shut because they’re no longer related.”

In the past, VAC has indicated that existing veterans health care regulations do not give the Department the authority to provide specific funding for treatment of veterans’ families.

Jardine said she raises the issue of access to mental health care at every meeting with Veterans Minister Ginette Petitpas Taylor. She declined to say what feedback she has received.

“I’m not here to speak on her behalf, but we all know there needs to be a change in the law,” Jardine said.

A spokesman for Petitpas-Taylor made no promises, saying there are several programs available for family members, including up to 20 hours of psychological support and family support.

“When it comes to more complex recommendations, including recommendations that may require legislative changes, VAC examines these in consultation with the ombudsman and veterans organizations and we will continue to work together on this,” Isabelle Arseneau, spokesperson for the minister, said in a statement to the media.