Mr. Speaker, I am pleased to rise on this motion today to speak against it. The issue we are debating is of great importance to Canada. It touches the heart of what defines our country. It deals with the core attributes of modern democratic societies. It focuses on the ideal of equality before the law which Canada pursues actively and for which it is recognized internationally.
I think it is ironic that today of all days we would be debating this motion when there is a delegation of members of parliament from South Africa touring today. That country has modelled its own program after the Canadian program.
The issue is the Court Challenges Program, which the opposition would like to kill. This program is a symbol of the Canadian commitment to democracy. It is also a tangible demonstration of our progressive Canadian identity.
We on this side of the House, and I gather members over there as well, are proud to have created this program and to have reinstated it in 1994 after a previous government discontinued it.
This government firmly believes that in a free and democratic society fundamental rights have to be protected and interpreted by the courts in a manner that reflects contemporary society.
When the Liberals reinstated the Court Challenges Program at a time of severe fiscal restraint, we made a deliberate choice at that time because the government is committed to and believes in a Canada where fundamental rights are respected and furthered.
In April of this year we signed a new contribution agreement to secure additional annual funding of $2.75 million for this program until the year 2003. The government stands by that commitment and is therefore not supportive of the motion we are debating today.
The Court Challenges Program was first established in 1978 to assist court challenges in relation to language minority rights. In 1982 the Canadian Charter of Rights and Freedoms came into force, entrenching basic freedoms and democratic, political, legal equality, language and aboriginal rights, and the fundamental law of the land. That same year the mandate of the program was broadened to include language rights guaranteed under the charter.
In 1985 the government expanded the program further to include funding for equality rights cases arising under section 15 of the charter. The program has played a significant role in bringing before the courts those cases which have helped to define and advance language and equality rights guaranteed in the Constitution. It has already led to a number of key decisions and its usefulness has already been very well established.
Examples in the area of equality rights include the Andrews case on the overall definition of the concept of equality, the Swain case on the rights of mentally disabled people, the Tétreault-Gadoury case on the rights of persons over the age of 65, the Canadian newspaper case involving the provisions in the Criminal Code which protect the confidentiality of sexual assault victims, and the Butler case concerning the constitutional validity of the Criminal Code pornography provisions.
In the area of language rights there were the Forest, Société des Acadiens du Nouveau-Brunswick and Mercure cases concerning legal bilingualism, the reference re Manitoba in 1985 and 1992 and the Sinclair case concerning legislative bilingualism, the Ford judgment on freedom of expression and the right to use languages other than French on public signs in Quebec, and the Mahé case on the education rights provided in section 23 of the charter.
The Court Challenges Program was designed to provide access to the courts for groups and individuals who would not otherwise be able to challenge government policies and practices related to constitutional and charter rights.
It provides a means for enforcing and clarifying the law. Since 1985 the program has received over 1,000 applications for funding. The program has funded several hundred challenges and a number of them made their way to the Supreme Court of Canada where judgments were rendered favourable to the group or individual funded in almost half the cases.
The program had some 350 language rights and equality case files before it when it produced its most recent annual report in March 1997. Clearly there is a need to pursue the program and to develop further charter jurisprudence in the areas of language and equality rights.
Canadians will be pleased to know that third party evaluations have confirmed that the program is well administered by an arm's length, non-profit agency with representatives from the private bar, non-governmental organizations and academics. It has clear rules and procedures for providing funding.
The program provides assistance only for test cases of national significance involving federal and provincial language rights protected by the Constitution of Canada as well as challenges to federal legislation, policies and practice based on section 2 of the charter dealing with fundamental freedoms and sections 15, 27 and 28 dealing with equality and gender equality.
Funding proposals are reviewed by two independent panels: the equality rights panel and the language rights panel. Members of the panel are chosen by independent selection committees after consultation with over 300 community groups.
Members of the selection committees and panels volunteer hundreds of hours of work to pursue the clarification of constitutional rights all of us have. They play an important role in building a free and democratic society in Canada. The government takes this opportunity to thank them for their work and dedication on behalf of all Canadians.
As reflected in its decision of 1994 to reinstate the Court Challenges Program the government is committed to advancing constitutionally based equality and language rights. Allowing a variety of voices to be heard on these rights is essential to maintain the social, economic and cultural vitality of Canada that has distinguished our country internationally and that all Canadians can be proud of.
The program plays a pivotal role in ensuring the ongoing adjustment of the interpretation of the Canadian Charter of Rights and Freedoms in protecting the rights of all Canadians. With the support of Canadians the government will continue to support the Court Challenges Program in the years to come. All Canadians and all citizens of the world can be proud of this accomplishment.