Introduced as a private member’s bill. (These don’t often become law.)
Status
Report stage (House), as of June 13, 2024
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Summary
This is from the published bill.
This enactment amends the Department of Canadian Heritage Act to specify that, in exercising the powers and performing the duties and functions assigned to the Minister of Canadian Heritage under that Act, he or she shall maintain the Court Challenges Program.
Elsewhere
All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.
Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-316s:
C-316 (2021)
Addressing the Continuing Victimization of Homicide Victims’ Families Act
C-316 (2016)
An Act to amend the Canada Revenue Agency Act (organ donors)
C-316 (2011)Law
An Act to amend the Employment Insurance Act (incarceration)
C-316 (2010)
An Act to amend the Employment Insurance Act (special benefits)
Votes
Nov. 22, 2023Passed 2nd reading of Bill C-316, An Act to amend the Department of Canadian Heritage Act (Court Challenges Program)
This is a computer-generated summary of the speeches below.
Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.
Bill C-316 seeks to amend the Department of Canadian Heritage Act to formally enshrine the Court Challenges Program into law, ensuring its continued operation and stability. The program provides financial support to individuals and organizations to bring forth court cases of national significance related to official language and human rights, with the aim of clarifying and asserting constitutional and quasi-constitutional rights. The bill intends to safeguard the program against potential future cancellation by requiring parliamentary approval for any such action, while also addressing concerns about transparency and accountability in the program's administration.
Liberal
Supports bill C-316: The Liberal party supports Bill C-316 to enshrine the court challenges program into Canadian law, providing stability and certainty to the program. This would enhance the protection of the rights of Canadians by enabling individuals and organizations to challenge laws and regulations that they believe violate their rights.
Protecting minority rights: The Liberal speakers emphasized the importance of protecting minority languages and human rights, noting the program's role in supporting official language minority communities and vulnerable and marginalized communities. They criticized the previous Conservative government's cancellation of the program and highlighted the current government's commitment to reinstating and enhancing it.
Independence of the program: Speakers stressed that the court challenges program is independent of the government and is administered by the University of Ottawa. Funding decisions are made by independent experts, ensuring that the government does not influence which cases receive funding, and that the program can be used to challenge federal decisions or policies.
Access to justice: The court challenges program ensures access to justice and equality for all Canadians by providing funding for legal cases challenging infringements of fundamental rights and freedoms, regardless of financial means. It enables individuals and organizations to challenge laws and policies that run counter to Canada's fundamental rights and freedoms.
Conservative
Against court challenges program: The Conservatives are against the court challenges program, expressing concerns about its transparency, accountability, and independence. They argue that the program undermines Parliament's role in making laws and is often used to attack Quebec's culture and language rights or to push 'woke agendas'.
Questions program's independence: They question the independence of the panels and the administrating body (University of Ottawa), suggesting political bias in the selection process. They believe the program lacks transparency in decision-making, particularly regarding which cases are funded and to what extent.
Inefficient use of funds: They criticize the high administrative costs of the program, arguing that the money should be directed towards empowering Canadians to seek justice rather than being used for administrative fees. A member argued that the claim that funding was doubled in the 2023 budget was disingenuous.
Program is unnecessary: The Conservatives argue that the court challenges program is not necessary because the courts already strike down legislation passed by Parliament, or they uphold it as constitutional, irrespective of a third party like this. They emphasize that Parliament already has ample opportunity to get legislation right through debates, committee hearings, and input from legal experts.
NDP
Supports the bill: The NDP supports Bill C-316, which entrenches the court challenges program in law, making it more difficult for future governments to eliminate it. They view it as a means to level the playing field and ensure access to justice for marginalized Canadians.
Seeks program expansion: The NDP advocates for expanding the court challenges program's mandate beyond minority language and equality rights to include other cases where government leadership in protecting rights is lacking. They also call for increased funding to ensure the program can effectively fulfill its purpose.
Concerns about future rights: The NDP highlights rising hate crimes and discriminatory policies, particularly against the 2SLGBTQI+ community, suggesting potential future court challenges to defend their rights. They specifically mention anti-trans school policies in Saskatchewan and New Brunswick as examples of government actions fueling hate and necessitating legal challenges.
Bloc
Supports the bill: The Bloc Québécois supports Bill C-316 in principle, favouring the continuation of the court challenges program, especially for promoting the rights of francophones outside Quebec. They intend to propose recommendations during the committee review.
Demands more transparency: The Bloc Québécois wants more clarity in the program's management, including the process for deciding which cases and organizations receive funding. They seek detailed annual reports that include recipient organizations and amounts allocated, as well as a list of unsuccessful applicants.
Asymmetrical approach needed: The Bloc Québécois suggests an asymmetrical approach to Canada's official languages within the program, focusing funding on cases defending the rights of francophones, given that only one official language is at risk. They criticize the current official languages policy for assuming symmetry between anglophone and francophone minority communities, which they argue pits the interests of Quebec against those of francophones in Canada.
Challenges to Quebec laws: The Bloc Québécois expresses concern that the program can fund challenges to Quebec laws, such as the Charter of the French Language, and criticizes the lack of transparency and independence in the program's administration. They believe the program was historically used to undermine the protection of French in Quebec and acted as the judicial arm of the executive branch.
It being 3:28 p.m., the House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-316, under Private Members' Business.
Call in the members.
Links & Sharing
(The House divided on the motion, which was agreed to on the following division:)
