Date: Tue, 12 Jul 2005 22:54:00 -0300
From: "Carr, Jody (LEG)"
From http://cnews.canoe.ca/CNEWS/Canada/2005/06/22/1099862-cp.html
July 12, 2005
FREDERICTON (CP) - A group of former soldiers and civilians who say
they were exposed to Agent Orange and other defoliants at Canadian Forces
Base Gagetown have launched a class-action suit against Ottawa.
The 41-page statement of claim filed before the Federal Court of
Canada states illnesses ranging from birth defects in children to cancer in
adults were caused by the chemicals sprayed on the woods near Oromocto, N.B.
The claim, which has not been proven in court, seeks punitive and
aggravated damages, but no figure is mentioned in the court document.
It also lists a series of questions to be answered in the hearing,
including:
-What was sprayed, when, where and how much?
-Did what was sprayed "escape" from the land controlled by the
defendant?
-Can what was sprayed cause harm?
-Did the defendant breach a standard of care to the soldiers?
The Canadian military has acknowledged that Agent Orange and other
defoliants were tested at the base by the U.S. military in 1966 and '67.
A base spokesman has said the testing occurred in two "very short test
periods on very small pieces of ground."
However, the statement of claim says "the defendant has never been
truthful when inquired about the full extent of the spraying operations that
were conducted."
The claimants allege that "over one million litres had been sprayed
between 1956 to 1984" as part of a testing program to determine the
effectiveness of the defoliants.
The case names Kenneth Dobbie, Charles McLeod, Stewart McLeod, Derrick
Williams, John Williams and Mary Williams as claimants.
Stewart McLeod, of Springhill, N.S., was stationed at the base between
1967 and 1980, and states he was "directly exposed to the chemicals sprayed
by the defendant."
Charles McLeod, Stewart's son, argues he was born with a variety of
illnesses.
Mary Williams, of St. John's, Nfld., was also exposed to the chemicals
while her husband, John Williams, was stationed at the base.
John Williams later died of cancer.
In the statement, Mary Williams argues she suffered from type-2
diabetes and the increased costs of raising sick children.
The document says one of her daughters suffered from a brain tumor and
cancer of the ovary; another son died of brain cancer in 1991.
Kenneth Williams, one of her sons, died in 1991 of brain cancer. His
brother, Derrick, is suing on his own behalf for lost companionship.
According to the claim, Dobbie worked in the woods as a 19-year-old,
clearing brush that had been sprayed with defoliants.
"During Christmas of 1966, (Dobbie) began to suffer severe stomach
problems," says the document.
"Subsequently, he was also diagnosed with toxic hepatitis, stomach
ailments, acne, seizure, blackouts and other neurological disorders. . . ."
A group of landowners, who are not named, are also suing for damage to
their land.
While the Canadian military is downplaying the impact of Agent Orange
tests at the New Brunswick base, the suit alleges they were dramatic.
"Dioxins pose an enormous risk to the health of those who come into
exposure with it or areas that have been sprayed by it," the document
states.
"As a result of the spraying of hazardous substances, more than 170
soldiers . . . have wrongfully died and more are expected to die sooner than
they would have died had they not been exposed."
Brig.-Gen. Ray Romses, commander of Atlantic land forces for the past
two years, has said he is confident tests being done on the base will prove
there is no reason for concern about the defoliants.
Commercial varieties of Agent Orange were applied across Canada in the
1950s and '60s. The dioxin-laced ingredient in these defoliant mixtures -
2,4,5-T - wasn't banned in Canada until 1985.
While there is no question about the toxicity of dioxin, the health
impacts remain difficult to prove.
Medical experts do not acknowledge a definite link between dioxins and
illnesses like cancer and diabetes, but they do say there are some
associations.
MLA, Oromocto Gagetown
(506) 357-3407 (t)
(506) 357-7101 (f)
www.jodycarr.ca
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