Canadian Heritage Committee on April 18th, 2024

[David Dendooven]

I don't have that information.

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Is that something that you could share with the committee?

[David Dendooven]

Mr. Chair, I don't think that is something that is currently calculated, even by the University of Ottawa. We can certainly ask that question.

What I can say, however, Mr. Chair, is that one-third of the funding provided to the University of Ottawa goes to cases with respect to official languages, and the remainder of the money goes to human rights.

Within that bucket, I'm fairly positive there is funding provided to indigenous individuals, organizations or non-profit entities, and those could be Métis, Inuit or first nations.

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Perfect.

That's why I'm asking. We do know how much goes towards official languages. I realize the other category is human rights, but we also know indigenous rights are distinct in and of themselves, so I think that this differentiation.... The limited scope of this bill has been identified as an issue by legal advocates such as Cindy Blackstock, so it would be important to know how important the Court Challenges Program has been for first nations, Métis and Inuit peoples and groups. That breakdown would be very useful for our committee, and certainly for parliamentarians.

The Department of Canadian Heritage funds the Court Challenges Program 100% through contribution agreements. It's funding that's divided between two branches: human rights and official languages rights. You referenced how much money was announced in budget 2023, but we know that every year a number of worthy applicants are not funded, not because they didn't qualify but because the program is underfunded, which is certainly a point of concern for us.

How does this work? You've spoken of criteria. Does it work on a first-come, first-served basis? How do you decide which worthy applicants are rejected?

[David Dendooven]

Thank you for the question.

Intakes occur throughout the year. I noted that the expert panels normally meet four times a year.

My understanding is that they receive views or advice from counsel at the University of Ottawa who are part of the program. They have discussions about whether or not they are of the view that the proposal meets the criteria of national importance.

That includes test cases and the other three criteria I mentioned earlier.

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

I'm not sure how long you've been working in the Court Challenges Program. Obviously, as you've indicated, many others, including the University of Ottawa, are involved.

We know that multiple committees and civil society have recommended that the government enshrine the Court Challenges Program in legislation in order to enhance its sustainability and, very importantly, to ensure that any cancellation would require the approval of Parliament.

In your experience, from what you've heard from applicants and those involved in overseeing these applications, what would be the effect for justice-seeking groups if a future government were to cancel the Court Challenges Program?

[David Dendooven]

I would just note that this is a program that is there for individuals, groups and not-for-profits seeking funding should they need it. If the program were no longer there, then they would not have access to that funding.

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Mr. Chair, how much—

[The Vice-Chair, Conservative, Kevin Waugh]

You have eight seconds left.

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

I thought it was close.

Thank you very much.

[The Vice-Chair, Conservative, Kevin Waugh]

Thank you, Ms. Ashton.

Can the committee get a copy of the contribution agreement with the University of Ottawa? I see it in French, but I don't see it in English.

[David Dendooven]

That's something we can provide to the committee.

[The Vice-Chair, Conservative, Kevin Waugh]

Okay. That's an oversight, I think.

Right. Good.

Could that be provided by the department or by the University of Ottawa?

[David Dendooven]

We have a copy, Mr. Chair. We can provide it to you.

[The Vice-Chair, Conservative, Kevin Waugh]

Thank you very much.

It's the second round. We'll start with the Conservatives for five minutes.

Welcome, Mr. Godin.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Thank you, Mr. Chair.

Thanks to the witnesses for taking part in this exercise.

My first question will be very straightforward. In what year was this consultation process established?

[David Dendooven]

I'm sorry, Mr. Chair, but I don't know what program you're referring to.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

I'm talking about the court challenges program.

[David Dendooven]

All right.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

In what year was that program created?

[David Dendooven]

It was created a very long time ago.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Would you say it was in 1978?

[David Dendooven]

Yes, it was in 1978.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

All right.

Now I'd like you to tell us why it was created. I'd like to hear you comment on that.

[David Dendooven]

Thank you very much for your question.

As far as I know, the court challenges program was created in 1978 to support official language lawsuits.