moved:
That, in the opinion of the House, the government should immediately and fully restore the Court Challenges Program to enhance the access that every person in Canada, regardless of wealth, should have to the protection of their Canadian Charter of Rights and Freedoms.
Mr. Speaker, I rise today to call on the government to fully restore the court challenges program to ensure all Canadians are able to access the protections of their Charter of Rights and Freedoms.
Without any prior warning or consultation, the government decided in September 2006 to cancel the court challenges program because it was allegedly inefficient and too costly.
Was the court challenges program really inefficient and costly? False. An independent study conducted in 2002-03 confirmed the value and importance of this program for Canadians. Its value and importance were also confirmed by countless testimonies and the program's strong record on protecting the rights of disadvantaged Canadians and linguistic minorities.
Just think about the Montfort Hospital, the only francophone hospital in Ontario which, in the 1990s, survived efforts made by the Harris government to close it down. Ms. Gisèle Lalonde, former chair of SOS Montfort, said, “Without the court challenges program, [...] we wouldn't be where we are now.”
The Minister of the Environment, the Minister of Health and the Minister of Finance were all part of the Harris government. Thanks to the court challenges program, they lost the battle to close down the Montfort Hospital. A few months after forming the federal government, they joined forces with the current Prime Minister who had also lost a court case against a beneficiary of the program. They managed to get the court challenges program out of their way. It is the Minister of the Environment himself who announced the cancellation of the program. That was a vendetta.
Here is what Ms. Lalonde said after the announcement, “What the Harper government is asking us to accept, however, exceeds in its deceit what any other government may have done in the past. This is not just a matter of cutting expenses. The [...] government is depriving the most vulnerable in our society of access to justice system.”
The government may have cancelled the court challenges program but it could not erase its remarkable achievements. The program helped confirm that Canadians accused of a crime can have a trial in their own language and it helped reaffirm the right of official language minority groups to manage their own school boards and to higher education in their mother tongue.
The court challenges program helped homosexual couples achieve equality protection, allowing them to secure spousal benefits and paving the way on same sex marriage.
The program helped seniors secure employment insurance benefits, helped women win pay equity cases and helped disabled groups fight VIA Rail for the right to accessible trains.
Because of the court challenges program, the religious freedom of Sikh Canadians has been confirmed, deaf persons have the right to receive sign language service in hospitals and aboriginal Canadians living off reserve have the right to vote in band elections.
These certainly sound like results to me, as I am sure they do to most Canadians. They fly in the face of the government's suggestion that lawyers were the primary beneficiaries of the court challenges program.
In an attempt to defend the government's decision to cancel the program, the hon. member for Ottawa West—Nepean suggested that it made no sense for the government to support a program designed to help groups challenge its laws. Any government afraid to have its laws challenged in court ought to take a second look at the soundness of those laws. Regardless, the court challenges program was not about who wins and who loses. It was about ensuring that the justice system was accessible.
In 1982, Pierre Elliott Trudeau and Jean Chrétien, who were then the prime minister and the justice minister, ratified the Canadian Charter of Rights and Freedoms. In so doing, they were enshrining in the laws of our country the values of diversity, tolerance, freedom and justice. They made equality under the law the keystone of our democracy.
The court challenges program that had been created to help define linguistic rights was broadened further to the enactment of the Charter in order to help those who were trying to defend their right to equality. The court challenges program strengthened the Charter. This program ensured that the cost of a lawsuit would no longer deter those who wanted to fight for their rights. It gave practical expression to the principle of equality promised by the Charter.
But today, because of decisions made by this government, the Charter has been weakened and is now out of reach for too many Canadians. The termination of this program, that was after all not so expensive at only $5.6 million a year, has meant that even middle class Canadians cannot turn to the courts anymore.
Yet, there are still a good number of battles to fight, and rights to win. The court challenges program is still needed. Between April and September of 2006, 61 funding applications were submitted. The majority of these applications dealt with the rights of aboriginal Canadians, of ethnocultural minorities, of disabled persons and of women. This suggests that inequalities still exist in our society for these groups and that solutions have to be found.
Therefore, we find ourselves at a crossroads. If we want to keep the power of the charter in the hands of individual Canadians, if we want to continue, as the charter instructs us to, to strive as a country for the highest possible achievement, building a country in which the rights of every Canadian are equally respected, then we must restore the court challenges program. If we do not, accessing the charter will become the exclusive privilege of the wealthy in our country, and its promise of equal treatment will be broken.
Leading Canadian non-governmental organizations and individuals across the country have spoken against the government's actions.
Bonnie Morton of the charter committee on poverty issues has called the cancellation of the court challenges program “an attack on the Charter itself and the human rights of everyone in Canada”. She has said:
If [Canadians] 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.
Yvonne Peters of the Council of Canadians with Disabilities has explained:
Without the Court Challenges Program, Canada’s constitutional rights are real 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.
Author and journalist Michel Gratton said:
It is illegal and unconstitutional for a government to encourage assimilation.
Franco-Ontarian Michel Gratton was also the press secretary to former Prime Minister Brian Mulroney.
The Fédération des communautés francophones et acadienne du Canada is taking the government to court in an attempt to restore the court challenges program.
Jean-Guy Rioux of the association stated:
Cancellation of the program shows a serious lack of respect for francophone Canadians living outside Quebec, for anglophone Canadians living in Quebec and for all Canadians who may need the protection of their government to assert their rights.
Even the Commissioner of Official Languages, Graham Fraser, has joined the throng calling for the court challenges program to be re-established. These voices can no longer be silenced. The government must respond by restoring the court challenges program so that all Canadians may continue to have access to the protection guaranteed by the Charter of Rights and Freedoms.
Last year Canada celebrated the 25th anniversary of the Charter of Rights and Freedoms. Events that took place across the country recognized that the charter was more than just a legal document. It has helped us become one of the most successful multicultural, bilingual federations on the face of the planet. It articulates our shared identity by reminding us and by tell the world where we want to go as a nation. It is a vision of for what our country can and must strive.
I am immensely proud to lead the party that secured the charter for Canadians. I think every Canadian prime minister ought to make a point of publicly celebrating the charter, but last year the government made the decision not to. It decided not to celebrate this integral part of our Canadian identity.
We need the court challenges program today for the same reasons we needed to enshrine the charter in law almost 26 years ago. Legislatures are not perfect. Despite their best efforts to uphold our fundamental Canadian values, parliamentarians sometimes make mistakes. When they do, they need the charter to be accessible to all Canadians so it can guide us back to the vision we all share of building a better Canada.
In 1992 the Mulroney government cancelled the court challenges program. When we Liberals came back in government, we restored the court challenges program. Now we have watched the Conservatives cancel it again. It seems they have failed to learn from their mistakes. If they do not reinstate the program, then the next Liberal government will again, and this time we will double its funding.