Canadian Heritage committee  Yes, a lawyer would have been retained through whatever funding.

Canadian Heritage committee  I have no idea.

Canadian Heritage committee  I believe that case was successful, yes.

Canadian Heritage committee  My understanding is that the court challenges program of Canada is an arm's-length, not-for-profit organization. I'm assuming, and I'm confident, that there are conflict of interest guidelines built into its charter, and that any person sitting on the board would need to declare whatever conflict of interest they'd have relative to cases coming before it.

Canadian Heritage committee  That's a good question. Going back, if I can find it in my notes here, the original premise was that cases funded by the program had to be of substantial importance, have legal merit, and affect more than one person. I suppose one could add to this that they need to be in some way setting a precedent because you can't hear every single possible case.

Canadian Heritage committee  I think it just begs the question then of why not increase the funding for the program? I don't know what the overall budget is, but presumably if it's not sufficient to do justice to the cases that should be heard, then I think it points to a funding priority decision of the government.

Canadian Heritage committee  We have no lawyers who work with us. We don't have sufficient funding to cover off steady legal counsel. In fact, we're actually looking for pro bono legal access.

Canadian Heritage committee  I can't speculate, and I wouldn't want to speculate. But it's interesting in looking at this issue that in fact history is repeating itself. This program was cut in 1992 by the government of the day, and there was quite a hue and outcry. I'm sure you folks are aware of this. The program was restored a short time later.

Canadian Heritage committee  As far as I can determine, we've been involved in two cases. One, I think, was five or six years ago, concerning third-party spending limits during elections. The second case, which was in the application round this fall, concerned a constitutional right to civil legal aid in British Columbia.

Canadian Heritage committee  I could answer that on behalf of NAPO. Fundamentally, the program exists to provide assistance to people or groups who otherwise wouldn't have the means to launch these court challenges. I would think the majority of Canadians would find it very difficult as individuals to launch their own court challenges in cases like this.

Canadian Heritage committee  If I could answer perhaps on behalf of NAPO, I think it's a difficult question to answer without really giving it some very careful thought. Every government in power certainly has its own philosophy of how to approach issues and what may work best to solve a particular social or economic challenge.

Canadian Heritage committee  Can you elaborate a bit on your question? What do you mean by that, just for clarification so I can try to respond?

Canadian Heritage committee  I think the best way to answer that is looking at the--

Canadian Heritage committee  My sense is, it's very much a democratic program, and many different groups have made use of it and received support from it. I think that's a good testimonial to its democratic effect. It hasn't been just one or two so-called special interest groups—a phrase I don't like—but many different types of groups have been able to access the programs.

Canadian Heritage committee  Yes.