Veterans' families need legislated access to mental health services, watchdog says

More than three years have passed since Veterans Affairs Canada (VAC) agreed to ease up restrictions on access to mental health services for the families of troubled soldiers, sailors and aircrew — and the country's veterans ombudsperson says very little has changed in that time.

Nishika Jardine released a new retrospective report on Wednesday that presents a snapshot of her office's recommendations in several reports over the years, and evaluates whether they have been implemented or not.

Four years ago, CBC News profiled a handful of veterans' families whose mental health coverage had been denied or restricted, mostly because of policy changes at VAC.

In 2021, the veterans watchdog released a report which called on the federal government to "ensure that family members, including former spouses, survivors and dependent children, have access to federal government funded mental health treatment in their own right," and to ensure their access does not depend on whether the veteran was in treatment.

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

"The department, with all credit to them, they do what they can for families within the boundaries of the [current] legislation," Jardine told CBC News.

The issue of family members' access to mental health supports is a long-standing source of concern — one that Jardine said keeps resurfacing as she travels across the country.

"We hear heartbreaking stories of family members who have mental health needs that can be directly linked to their service as a military family, and if the veteran isn't in treatment, or doesn't want treatment, or doesn't want their family to be involved in their treatment, then they're they're kind of left out in the cold," she said.

The federal government imposed restrictions on access to mental health counselling for families of veterans over five years ago. The policy shift was made in response to a political embarrassment — the case of convicted killer Christopher Garnier, a son of a veteran who obtained taxpayer-funded treatment for post-traumatic stress.

While Veterans Affairs Canada never formally amended the family care policy, it began using 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 care they previously had received from the federal government.

After the ombudsperson's office investigated, then-veterans minister Lawrence MacAulay instructed VAC to loosen up its interpretation of the rules. Jardine said that wasn't enough.

When contacted for an update on Wednesday, two of the families CBC spoke to in 2020 declined comment about their circumstances but acknowledged they'd heard anecdotally about other military members whose relatives continue to struggle for support.

'A door slammed shut'

Jardine said one of the most common plights facing veterans' families is the loss of access to counselling after a veteran passes away. While the spouses and children left behind have short-term access to grief counselling, there's nothing for them down the road.

It's a similar situation when the strain of military service leads to separation and divorce.

"When there's a family breakdown, the children are no longer covered," said Jardine. "The family is no longer covered because they're no longer part of the veteran's family. So that is something you don't even think about, but all of a sudden there's a door slammed shut because they're no longer related to that."

In the past, VAC has said existing Veterans Health Care Regulations do not give the department regulatory authority to offer specific funding for the treatment of veterans' families.

Jardine said she raises the issue of mental health access every time she meets with Veterans Minister Ginette Petitpas Taylor. She declined to say what sort of feedback she's received.

"I'm not here to speak for her, but we all know that it requires a legislative change," Jardine said.

A spokesperson for Petitpas-Taylor made no promises and said a variety of programs are available to family members, including up to 20 hours of psychological support and family peer support.

"When it comes to more complex recommendations, including those that may require legislative changes, VAC explores these in consultation with the ombud and veterans groups and will continue to collaborate on these," Isabelle Arseneau, press secretary for the minister, said in a media statement.