Thank you so much.
My name is Anne Levesque. I am the chairperson of the Human Rights Committee of the Council of Canadians with Disabilities. The committee is mainly made up of persons with disabilities. Our committee guides the council's legal intervention strategy.
As my colleague Mr. Rae pointed out, our strategy in this regard is often not to undertake legal proceedings. That is why the council is in favour of restoring the fund created under the Court Challenges Program to support negotiations with government. That being said, we are opposed to binding arbitration.
Today, on behalf of the council, I will address two aspects. First, the funding of human rights litigation. Secondly, the increase in the funding envelope for community consultation created under the previous program.
Let's begin with human rights. The human rights legislation and system in Canada is sometimes the best forum to advocate for the equality of persons with disabilities. The objective of human rights legislation throughout Canada is to eliminate discrimination. By filing human rights complaints, persons with disabilities support and enhance the parliamentary intent and objective to eliminate discrimination. In our opinion, that is a valid objective that should be funded by the government.
In this regard, let me give you the example of a case the council participated in. This case is unfortunately not mentioned in our brief, but it is quite well known. It is the Hughes, James Peter v. Elections Canada case, a case argued before the Canadian Human Rights Tribunal in 2010. This case dealt with polling stations that are not accessible.
As you can see, this was not theoretical. In this case, the person's right to vote, the most fundamental democratic right, was jeopardized for discriminatory reasons. Mr. Hughes filed a complaint with the Canadian Human Right Tribunal. The council was granted interested party status, which is equivalent to intervenor status before the court.
The tribunal granted a range of very interesting, varied and multidisciplinary remedies. These remedies were obtained in consultation with the council. This shows that it is not necessarily just a matter of proceedings between adversarial parties, but that sometimes the council and the complainants work together to bring about better policies.
In this case it was determined that Elections Canada had to consult the council and the population of persons with disabilities so as to make the Canadian electoral system more accessible. In addition, this decision was in keeping with Canada's international obligations to persons with disabilities, which are to ensure that Canada promotes participation, equality rights, dignity and independence. This type of very innovative and progressive remedy might not have been possible in the context of a court case invoking section 15.
Currently, it must be said that the human rights system in Canada is not accessible. In Canada (CHRC) v. Canada (A. G.) the council intervened before the Supreme Court to argue the fact that human rights complainants who win their case should be entitled to compensation for their legal costs. The Supreme Court did not accept that argument. So, a complainant who wins his case and obtains systemic improvements that affect all persons with disabilities will not be compensated for court costs. Often, there is no financial advantage to pursuing a case. In the Canadian human rights system, damages are capped at $20,000. In the case of Ms. Mowat, legal costs amounted to $100,000.
To summarize the issue, the battlefield is neither equitable nor equal. You have certainly heard about professor Blackstock's case dealing with aboriginal children.
The system is not equitable. The Council of Canadians with Disabilities believe that the reinstatement and modernization of the Court Challenges Program should be accompanied by a new strategy regarding court cases at the Department of Justice. When that department deals with groups who advocate for equality, groups that have been historically disadvantaged in court, it should perhaps attempt to create a more level playing field.
I would now like to discuss the consultation funding envelope and the involvement of groups that promote equality.
The old program granted funds for consultations. In our brief we ask that this fund be extended so that consultations may be carried out throughout a court case. A sum of $5,000 is not sufficient to conduct accessible and bilingual consultations with persons with disabilities throughout Canada. Here again, the purpose is to see to it that Canada complies with its international obligations stating that court proceedings should take place in a manner that promotes the participation and independence of persons with disabilities.
Thank you.