Thank you. Mr. Chairman, ladies and gentlemen, members of the committee, you invited us to appear this morning and set out our views on the repercussions of abolishing the Court Challenges Program. The FCFA would like to thank you for giving us this time.
My name is Lise Routhier-Boudreau. With me is Serge Quinty, our Director of Communications. After the presentation, we will be very pleased to answer your questions.
At the outset, I would like to point out that the FCFA is currently the plaintiff in a case seeking to overturn all decisions made on September 25, 2006, including the decision concerning funding for the Court Challenges Program. You will understand that we cannot comment on the case, which is now before the courts.
Rather, in the few minutes I have today, I will attempt to provide a brief overview of the issue, and begin by setting out the principal gains that we owe to the Court Challenges Program in the area of linguistic rights. Second, we will look at the repercussions we feel abolishing the program will have.
The Court Challenges Program has been an essential instrument in both clarifying and furthering linguistic rights of the francophone minority in all francophone and Acadian communities of Canada.
Many language-related cases have been heard and settled with support from the program. Those cases include a significant number of landmark cases, which have made it possible for us to manage our own schools—for example Mahé versus Alberta, the reference regarding the Manitoba Public Schools Act, the Association des parents francophones de la Colombie-Britannique versus British Columbia, and many others. Other cases, such as Doucet-Boudreau and Arsenault-Cameron, have made it possible to specify the government's obligation in the areas of school and schooling language rights.
At present, there are over 600 French-language schools outside Quebec. This morning, I would like to ask all committee members the following question: if cases like those I have listed could not have been brought before the courts, would we now have as many French-language schools across Canada? I am taking the liberty of asking you this question, but I'm also taking the liberty of believing the answer is most likely no.
The Court Challenges Program has also made it possible to clarify government obligations in the area of providing French-language services. You are all familiar with the well-known Montfort case, which made it possible to save the only French-language teaching hospital west of Quebec. Then we have the Beaulac decision, which clarified the language rights of a defendant, while setting out the principles and interpretative framework applying to linguistic rights in Canada as a whole. Court proceedings were instituted by the Fédération Franco-ténoise in 1999. The case, which was heard in 2006, led to a decision by the Supreme Court of the Northwest Territories, recognizing that the territorial government had an obligation to provide its citizens with French-language services. Unfortunately, however, the Government of the Northwest Territories appealed the decision, and it will now be difficult for the Franco-People of the North to cover the costs of this new stage in the legal proceedings.
In short, we have no doubt that, since it was established in 1978, the Court Challenges Program has done a great deal to foster the development and enhancement of francophone and anglophone minority communities in Canada, and thus contributed to fostering the full recognition and use of both English and French in Canadian society. Its contribution to the vitality of francophone and Acadian communities is immeasurable. Thus, it is logical to arrive at the conclusion that eliminating the Court Challenges Program would have profound repercussions on those communities' survival.
Our government has said many times that it would pass constitutional laws, and then comply with them.
However, the history of the Court Challenges Program shows that, in spite of political will that goes in the right direction, statutes and regulations might need clarification in the area of language rights or the right to equality.
Moreover, the federal government cannot make the commitment of ensuring that provincial and territorial governments also pass legislation that protects and fosters the interests of minorities and disadvantaged groups. Yet 80% of language rights cases funded under the Court Challenges Program targeted provincial and territorial governments.
We should bear in mind that only the courts have authority to interpret statutes and to determine whether those statutes are constitutional. The government cannot provide an advanced guarantee that a given statute is constitutional.
Now let's take a look at the repercussions abolishing the program will have, given the dozens of cases that have made it possible to clarify and consolidate francophone minority rights and to further the development of communities. At the time the program's funding was cut off, there was still a great deal of legal effort required to ensure that francophones can fully enjoy their constitutional rights and achieve genuine equality, as set out in the Canadian Constitution and the Official Languages Act.
We have already mentioned the case between the Franco-Northwester community and the Government of the Northwest Territories, which will be appealed. Other court cases under way include Paulin versus New Brunswick, Caron versus Alberta, and the school surtax case in Nova Scotia. Those cases, like the cases before them, could well further the recognition, interpretation and application of language rights in francophone communities, and especially enhance those communities' ability to live in French.
Our work will not be done until such time as we achieve genuine equality between English and French, and full access to services in French, services that are of equal quality. The courts are never our first recourse, but we must all agree that, so far, they have been the entity that has enabled minorities to exercise their rights.
Until today, Canada has been to be a model in the way that it treats its minorities. And the Court Challenges Program has been invaluable in facilitating the interpretation of the Charter's written and unwritten principles. It is quite true that Canadians are extremely proud of the rights guaranteed under the Charter, but we must still ensure that those rights are applied and respected in practice.
To date, the CCP has supported groups representing ordinary Canadians, who would not otherwise have had the means to have their constitutional rights, which are guaranteed under the Charter, recognized and respected. Without the CCP, communities would have had difficulty in finding the financial resources needed to remind the federal government, as well as provincial and territorial governments, of their constitutional obligations and responsibilities in the area of language.
In conclusion, I should say that eliminating the Court Challenges Program is a clear failure on the federal government's part to fulfil its obligations under the Official Languages Act. In fact, eliminating the program with no consultation—a program that has played an essential role in the development of francophone and Acadian communities—is an act in breach of Part VII of the Official Languages Act, and in breach of the government's commitment to support the development of minority communities.
For all the above reasons, as indicated by Graham Fraser, the Official Languages Commissioner, in a speech at the Sommet des communautés francophones et acadienne, the government would do well to take rapid action in reviewing its decision to abolish CCP funding.
Thank you for listening. Thank you Mr. Chairman. We would be pleased to answer your questions.