Mr. Speaker, I rise today to move concurrence in the 16th report of the Standing Committee on Status of Women which reads:
That, pursuant to Standing Order 108(2), the Standing Committee on the Status of Women recommend to the government that it restore the Court Challenges Program, and that adoption of this motion be reported to the House.
What is the history behind this? As the chair of the Standing Committee on the Status of Women, I have been listening to many women's groups and they have been absolutely dismayed at the wilful way in which the Conservative government treats women and minorities.
If we look at the history behind these cuts, in budget 2005-06, with $13.2 billion in surplus, the Conservative government saw fit to, as we say, stick it to women. Why?
The $1 billion funding cuts the Conservatives brought about were cuts for social programs for the most vulnerable. These funding cuts directly targeted women, aboriginals, those in need of affordable housing, and other groups for which the Conservatives have traditionally shown very little concern.
While the Conservatives continually claim to be standing up for Canada, the truth is they are only interested in standing up for those who already agree with their narrow policies: their core constituency of voters. Witness after witness has come before the Standing Committee on the Status of Women and advised us that they feel the Conservatives are governing on behalf of a very narrow base and if people do not fit their profile, then they are out of luck.
How can the majority of women, 52% of the voters of Canada, feel this way? What has led them to feel this way?
If we look at the cuts that came about in the 2005-06 budget there were $5 million to Status of Women Canada and $10 million eliminating the support to the Canadian voluntarism initiative. How could anyone cut $10 million from a voluntarism initiative when volunteers contribute approximately $6 billion to the economy and without them we would not be able to function?
The Conservatives eliminated $6 million from the court challenges program. If one looks at the court challenges program to figure out why that program is important and what it does, it provides a vehicle for marginalized individuals who want assistance. With the 25th anniversary of the Canadian Charter of Rights and Freedoms, we should not forget that the charter belongs to the people.
Within our system there are many archaic laws that do not comply with the charter and continue to deny citizens their justice. It is a travesty that the government refuses to eliminate such legislation. Hence, the court challenges program is a vehicle that can assist Canadians in this very urgent and important matter.
Supreme Court Justice Beverley McLachlin stated that many men and women find themselves unable, mainly for financial reasons, to access the Canadian justice system. The court challenges program provides Canadians with this access.
The fact is that $6 million is not a lot of money when we look at the whole scheme of things in a budget of $200 billion. Therefore, we look at what the purpose is for the Conservatives wanting to eliminate it.
Leading Canadian non-government organizations are calling on the Prime Minister to restore funding to this program immediately because the court challenges program, which was created in 1978, provides funds to support test cases of national significance to clarify the constitutional rights of official language minorities and the right of everyone in Canada to live free from discrimination based on sex, race, disability, age, sexual orientation and other similar grounds.
It has provided the only access to the use of constitutional rights for most Canadians. What do the Conservatives have against official language minorities? What do they have against equality? What do they have against gender? What do they have against women?
Bonnie Morton of the Charter Committee on Poverty Issues said:
The cancellation of the court challenges program is an attack on the charter itself and the human rights of everyone in Canada. When a country such as Canada enacts constitutional rights, it takes for granted that residents, when they believe the government is violating their rights, can and will challenge any offending law or policy. If residents cannot ensure respect of their rights because of financial barriers, Canada's constitutional democracy is hollow. We turn the charter into a paper guarantee, with no real meaning.
That is a very important statement because if people do not have the financial means to support themselves, then they cannot be in a position to challenge any of those laws that violate their democracy. Hence, if we claim to be a democratic country, it is important that we restore the court challenges program.
Yvonne Peters of the Council of Canadians with Disabilities said:
Without the court challenges program, Canada's constitutional rights are really only for the wealthy. This offends basic fairness. And it does not comply with the rule of law, which is a fundamental principle of our Constitution.
Avvy Go of the Metro Toronto Chinese and South Asian Legal Clinic said:
Commitment to the protection of the Charter rights of disadvantaged individuals and groups is one of Canada's core values. [The Prime Minister] recognized this during the last election campaign, and he said then that if elected a Conservative government would “articulate Canada's core values on the world stage”, including “the rule of law”, “human rights” and “compassion for the less fortunate”. The cancellation of the court challenges program belies this promise.
Jean-Guy Rioux of the Fédération des communautés francophones et acadienne du Canada said:
Cancelling the program shows profound disrespect for the French-speaking Canadians who live outside of Quebec, the English-speaking Canadians who live in Quebec, and for all Canadian residents who may need the protection of equality rights. The CCP has notably given means to French-speaking minorities to ensure that their rights to education in their language are respected.
The beneficiaries of the courts challenges program are many, and we on this side of the House cannot understand why the government has chosen such a very narrow focus and has stuck to its neo-con ideology of not supporting the very marginalized who need support.
The beneficiaries of the CCP are individuals and groups who believe that laws and policies discriminate against them or deny them their language rights. They cannot go forward without lawyers to represent them, since constitutional challenges are legally complex.
Second, when a country like Canada enacts constitutional rights, it takes for granted that residents, when they believe the government is violating their rights, can and will challenge the offending law or policy.
If Canadians cannot use these rights because of financial barriers, then Canada's constitutional democracy is hollow. Governments must care that the rights they embrace are not meaningless and that the court challenges program has provided a simple and modest way of ensuring they are not. I am sure the government could afford the $6 million that it would take. With a $13.2 billion surplus, why would it choose to cancel a program that helps the official language minorities, people who are financially not well off and people who need to address these laws and exercise their rights.
We should emphasize that what the court challenges program provides is far from universal access to exercises of constitutional equality and language rights. It provides only limited funds for selected test cases.
We know the Conservative government, as a critic of the CPP, dislikes some of the cases that the court challenges program has supported: cases related to same sex marriage; cases related to the voting rights for federal prisoners; and cases related to the criminal law provision regarding hitting children.
The fact that some individuals or groups do not agree with some of the test cases funded by the program is not a reason to cancel it. No one among us is likely to agree with every test case that appears.
The point of a constitutional human rights regime is to ensure that diverse claims, perspectives and life experiences are respected and taken into account in the design of laws and policies. The equality guarantee and the language rights in the Constitution were designed to help minorities, whose views and needs may not be reflected by governments, to be heard on issues that affect them closely. Cancelling the court challenges program mutes their voices further and makes Canada a meaner, less tolerant society.
Many organizations have called on the government to restore funding because they believe that the court challenges program is an effective and accountable institution. The court challenges program of Canada has established a track record. It has been an effective and accountable institution which promotes access to justice.
The CCP, as it is called, has existed in a number of different institutions and has made remarkable contributions to the development of constitutional law and to the rights of Canadians over the last 28 years but there is more work that remains to be done.
Since 1994, when the court challenges program was established as an independent,not for profit corporation, it has done a lot of good work. To date, it has been funded solely through a contribution agreement between the Government of Canada and CCP. The CPP is fully accountable to the Government of Canada. It provides quarterly reports on its activities to the government and publishes an annual report with statistics on the number and types of cases that it has funded.
I would like to ask the government which of these cases that it did not like? When there is so much transparency and accountability in this program, why did it cancel it?
The CCP is also subject to some legal restrictions on reporting on funding in cases that are before the courts. This information is protected by solicitor-client privilege and cannot be released by CCP, in the same way that legal aid organizations cannot divulge information about their clients. The CCP's responsibility to protect this information was affirmed by a federal court ruling in 2000.
The court challenges program, which is subject to a full independent evaluation of its activities every five years, has been there for 28 years and has been evaluated three times. On each occasion, independent evaluators found that it was meeting the objectives set by the government as a cost effective and very accountable institution and they made unqualified recommendations that the court challenges program should continue to carry out its mandate.
Our justice system sometimes fails radically when individuals and groups whose constitutional rights are violated and are denied access to justice and the court challenges program plays a very important role in ensuring it.
We on this side of the House are seeking concurrence on this very important matter. We would like the government to reinstate the funding to the court challenges program.