I've argued in my published writing, in the article I've promised to share, that it very well may be that the court challenges program is integral to the rights of the charter itself. In other words, it may be that the court challenges program could be viewed as being constitutionalized. If there were some way to constitutionalize the program, it would benefit from being tied to the text it is designed to promote. How that is done is another issue. I don't know that courts would be willing to pronounce on that. I think there would have to be an initiative from government.
What I observe through my personal experience in efforts to resist the cancellation of the court challenges program is that the language rights program was a lot less fragile than the equality rights program. This may be because of some of the differences in the way it's statutorily entrenched, with a commissioner for language rights established. The signal from the legislative side has been far stronger to committing to instituting language rights protections in a way that enabled that program to be salvaged through negotiations with the government, in ways that the equality rights communities were completely unable to accomplish.
I share your concern about the future of any program that might be adopted, and I would urge that such a program be protected. I don't have more than that. I haven't thought through any more suggestions on how you could either constitutionalize the program or ensure its protection from further cancellation.