Prior to 2006, the court challenges program was exceptional in our opinion, and while we are encouraged by the government's decision to re-fund the equality rights component of the program, we emphasis that modernization may not require a complete revamping of the program. Instead we suggest that the best aspects of the program be retained, those that were effective, particularly for people living in poverty wishing to claim their rights.
There were many unique aspects of the court challenges program about which others have no doubt spoken, but what is less talked about is the way in which the program served as an accountability mechanism, to ensure that Canada implemented its international human rights obligations.
The United Nations has recognized the court challenges program as a human rights mechanism relevant to our international human rights treaty obligations. For example in 1993, concluding observations from the United Nations Committee on Economic, Social, and Cultural Rights stated that the program enabled disadvantaged groups or individuals to take important test cases before the courts. They commended the program and Canada for recognizing the importance of effective legal remedies against violations of social, economic, and cultural rights, and of remedying the conditions of social and economic disadvantage of the most vulnerable groups and individuals.
In its concluding observations in 1993, 1998, and 2006, the committee went further to recommend that claims at provincial and territorial levels be funded. We propose that this recommendation be implemented.
In our opinion, the review of the program also provides an excellent opportunity to consider taking steps to ensure that the program be both independent and protected by legislation. In this regard, the court challenges program should remain a free-standing institution, not associated with any academic institution as it was prior to 2006. It should also retain its autonomous equality committee, made up of members from a variety of stakeholder sectors to determine which cases should be supported by the program.
Historically, funding to this essential program has been cut many times and this “here today, gone tomorrow” attitude must stop. Access to justice and rights claims for equality-seeking member groups should be accorded the highest protection from political whims. For this reason, we suggest that the program be enacted by legislation.
We encourage the committee to assess the ambit of the program to ensure it can address the various types of equality rights claims that people in poverty wish to make. Upon modernization of the program, we recommend that the scope be opened beyond claims made under section 15 of the charter to include those claims under section 7, where claims focus on the right to life, security of the person, and equality of people living in poverty and who are homeless.
It is time for the Canadian government to acknowledge the close connection between the right to life and those who are the most marginalized, those who are living in poverty or who are homeless. For example, a study in Hamilton, Ontario, found that those living in the rich neighbourhoods had a life expectancy 21 years longer than those in poor neighbourhoods.
These numbers are not improving. In British Columbia, a recent study found a 70% increase in deaths among homeless populations in 2014 as compared with the previous year. As noted by Madame Justice L'Heureux-Dubé in the case Regina v. Ewanchuk, sections 7 and 15 have special significance as they are the vehicles by which international human rights laws are implemented. In the context of the particular barriers faced by people living in poverty and the role of the program in fulfilling human rights obligations, we encourage the committee to seriously consider opening the program to section 7 claims that might be particularly relevant for people living in poverty and who are homeless.
This government has taken an important step forward as an international human rights leader in the re-funding of equality claims under the court challenges program. Before us is an exceptional opportunity to ensure that those who are the most marginalized and stigmatized can access justice and claim their legal rights.
In summary, in its deliberation on the modernization of the program, we ask the committee to, first, retain the program's strengths from 2006; second, enact the program in legislation; and third, extend the ambit of the program to include claims at provincial and territorial levels and to section 7 claims that interact with socio-economic inequality and discrimination.
This could be an important legacy offered by this government to the 4.9 million people who are living in poverty in Canada.
We look forward to answering your questions. Thank you.