Mr. Speaker, yesterday, I asked the Minister for Democratic Reform about the demand for court costs currently being sought in a case taking place this week in Fredericton, New Brunswick, in front of a Federal Court trial judge.
That case, for anybody who has been around the official languages scene for some time, challenges the government's decision with respect to the elimination of the programme de contestation judiciaire, or the court challenges program.
At first instance, people might wonder why we would not demand costs in a litigious situation from parties if they were not to be successful. In terms of outlining how these things work, it is very clear that in civil litigation that is the rule. However, in public interest litigation, which is where the cause is being presented before the court, the practice is that the government does not ask for its costs in a case where a true policy argument is being presented, such as in most of the constitutional cases.
We know that some $15,000 to $20,000 could be at stake should the parties be unsuccessful. We pray on this side that they will not be unsuccessful but that is for the courts to determine. However, the $15,000 to $20,000 will be borne by the francophone groups, the minority linguistic groups, who are bringing this case. The lawyers are working on a pro bono basis in this public interest matter.
Just so members know that I am not making this up, I want the parliamentary secretary to know that in the case of Arsenault-Cameron v. Prince Edward Island, the court costs were not asked for by the government. That was a very important case brought under the rubric of the programme de contestation judiciaire. It was very instrumental in enforcing the section 23 charter rights of the community in and around Summerside, Prince Edward Island, to have a French language school in their community, as is guaranteed by the charter. The case was successful, but what is important is that the government did not ask for its court costs.
There are a number of other court cost situations involving the federal government going back to Operation Dismantle involving the interpretation of section 7 of the Charter of Rights and Freedoms. It has been the practice.
The simple question I put to the Minister for Democratic Reform was why he was ignoring the custom of the Canadian government, the Department of Justice and, in fact, the people's representatives before the courts. Why should the court costs be sucked like blood out of the pro bono groups trying to promote public interest cases? Why are they ignoring the case of Doucet-Boudreau v. Nova Scotia? Why are they ignoring the case of Société des acadiens et acadiennes du Nouveau-Brunswick Inc., et al. v. Her Majesty the Queen, et al. 2006? Also, why is it that they seem to be so hurt by the programme de contestation judiciaire?
We know this program was cut in the Mulroney years. That seems to be a name that is bandied around the House a bit more often these days. The Conservatives do not like the program and they are doing through the back door what they are also trying to do through the front door, which is to eliminate the program. Anybody who says that it is a good program, may I say Montfort, Montfort, Montfort.
It may be a bad thing in the Conservative psyche, but it does not change the practice of the Department of Justice and the Government of Canada in not seeking court costs in public interest cases. Why did the government do this?