Government of Canada Reinstates the Modernized Court Challenges Program to Better Defend the Rights and Freedoms of Canadians
Broader scope will clarify fundamental rights and make the justice system more accessible
(firmenpresse) - OTTAWA, ONTARIO -- (Marketwired) -- 02/07/17 -- Department of Canadian Heritage and Department of Justice Canada
The Honourable Melanie Joly, Minister of Canadian Heritage, and the Honourable Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada, are pleased to announce the reinstatement and modernization of a program that, historically, has helped clarify and strengthen the constitutional rights of Canadians by supporting test cases. The Court Challenges Program will provide financial aid to groups and individuals asserting their rights and hold the government accountable for defending the rights and freedoms of all Canadians. The Program will have an annual budget of $5 million.
The previous programs changed the course of history and played a significant role in most major court challenges associated with official language and equality rights in Canada. The programs have helped groups and individuals advocate for rights and freedoms at school, at work and in their day-to-day lives.
With the modernized Program, the government intends to better reflect changes in the Canadian jurisprudence by expanding the scope of eligible rights to sections of the Canadian Charter of Rights and Freedoms relating to fundamental freedoms, democratic rights, life, liberty and security of the person and most of the language rights guaranteed under the Official Languages Act.
The Program will have a modernized governance structure that is independent, transparent and accountable, and ensures the impartiality of funding decisions.
Today, the Government is launching a process to select an independent body that will be mandated to implement and manage the modernized Court Challenges Program. Interested parties have until March 6, 2017, to submit an application.
In the upcoming months, an open, transparent and merit-based process will also be initiated in order to select the members of two expert panels that will be responsible for making decisions regarding Program funding. More details will follow.
The Government of Canada is aiming to have a modernized Program operational by fall 2017.
Quotes
"We are extremely proud of our free and democratic society, which is recognized around the world. It inspires us to work continuously to make Canada more diverse, inclusive and equitable. The return of the Court Challenges Program is a testament to our government''s commitment to protecting human rights and official language rights. The impact of this program on our history is tangible, and the modernized version will change the lives of many Canadians."
- The Honourable Melanie Joly, Minister of Canadian Heritage
"Reinstating a modern Court Challenges Program will increase access to justice for vulnerable groups and official-language communities. Doing so as we celebrate the Charter''s 35th anniversary is a clear affirmation of our Government''s commitment to human rights and the rule of law."
- The Honourable Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada
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Backgrounder
Program precursors
Between 1978 and 2006, the former Court Challenges Program played a key role in helping Canadians clarify and assert the official language and equality rights guaranteed under the Constitution of Canada. The former Program was abolished in 2006. However, in 2008, following an out-of-court settlement, the Government of Canada pledged to fund the Court Challenges Program cases already approved (old cases still ongoing) and to establish the Language Rights Support Program.
Modernized Court Challenges Program
Anticipated outcomes
Through the Court Challenges Program:
An independent body
In order to avoid any real or perceived conflict of interest with the Government of Canada, the Court Challenges Program will be implemented and managed by a third party. Among other duties, the independent body selected will be responsible for the general administration and implementation of the Program, including the management of the two panels of experts.
Panels of experts
Decisions as to which cases or projects will be funded under the Court Challenges Program will be made by two independent panels of experts: an Official Language Rights Expert Panel and a Human Rights Expert Panel. The seven members of each panel will be selected on the basis of their relevant legal expertise, and will report to the independent body.
A selection committee composed of senior civil servants and experts in official languages and human rights will be responsible for pre-selecting qualified candidates for each panel, and recommending them to the Minister of Canadian Heritage.
Funding priorities
The Court Challenges Program will provide funding for:
Rights covered by the Program
The modernized Court Challenges Program will include all of the rights covered by the former Court Challenges Program and the Language Rights Support Program:
The modernized Program will include these additional Charter rights:
It will also include these parts and provisions of the Official Languages Act:
Quotes from stakeholders
"The revived and enhanced Court Challenges Program is a welcome and important addition to the enhancement and enforcement of constitutional human rights in Canada. Too often citizens cannot afford the litigation costs of maintaining democratic rights and freedoms granted by the Canadian Constitution. The expansion of the Program to cover not only additional official language rights and constitutional equality rights, but also fundamental Charter rights, is a demonstration of Canada''s commitment to democracy, freedom and human dignity."
- Michael Bergman, lawyer, cofounder of The Association of English Speaking Jurists of Quebec, and former member of the Board of Directors of the previous Court Challenges Program
"The Court Challenges Program is fundamental to the preservation of our Francophone minority communities. Asserting these rights is not easy, and the Program supports those who take action for the good of us all. For our community, this means a school and learning centre where we can learn, share, eat, play, laugh, sing and, yes, even dance together in French."
- Noella Arsenault, Principal appellant, Arsenault-Cameron v. Prince Edward Island (2000) (Minority Language Educational Rights, Article 23, Canadian Charter of Rights and Freedoms)
"We at the Women''s Legal Education and Action Fund (LEAF) welcome the renewal of a modernized Court Challenges Program. Our cases have sought to improve women''s equality rights since our founding in 1985. Although much remains to be done before equality is achieved, support from this program will improve access to justice by helping LEAF and other equality-seeking groups to ensure that members of disadvantaged groups will have a meaningful voice in the evolution of constitutional equality rights in Canada."
- Dr. Kim Stanton, Legal Director, Women''s Legal Education and Action Fund
"The Court Challenges Program is an important tool in creating equitable access to the justice and legal system with respect to equity rights. It is also an effective program that recognizes social change and emerging equity issues."
- Pardeep Singh Nagra, Executive Director of the Sikh Heritage Museum of Canada
Contacts:
Pierre-Olivier Herbert
Press Secretary
Office of the Minister of Canadian Heritage
819-997-7788
Media Relations
Canadian Heritage
819-994-9101
1-866-569-6155
David Taylor
Director of Communications
Office of the Minister of Justice and
Attorney General of Canada
613-992-4621
Media Relations
Department of Justice
613-957-4207
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Datum: 07.02.2017 - 13:43 Uhr
Sprache: Deutsch
News-ID 1485199
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