According to the CBC, the
University of Ottawa will host a revived Court Challenges Program to help Canadians launch constitutional rights cases in court.
The Program, which provided funding to help minority, women's and other
disadvantaged groups to help them launch "test court cases" challenging
laws that may violate equality rights under the
Canadian Charter of Rights and Freedoms, was dismantled under the previous federal government.
According to the CBC story:
"The university will create a new Canadian Centre for the Court
Challenges Program, which will be independent of the school aside from
administrative support."
"Its role will be to assist the two expert panels who decide which
cases to fund: one devoted to official-language cases and the other to
human rights (...)"
"[Professor Richard] Clément said the centre will soon hire a small staff, including two lawyers
to receive and analyze requests. The lawyers will present each case to
the relevant expert panel, who will decide independently whether to
provide funding."
The government has committed to spend $5 million per year on the program.
Earlier Library Boy posts about the Court Challenges Program include (older links may not work):
- Court Challenges Program Challenged?
(September 7, 2006): "Newspapers of the CanWest Global chain
distributed a Janice Tibbetts article today that claims that the federal
government may be considering the elimination of the Court Challenges
Program as part of an overall review of government programs (...) The
CanWest News Service article entitled Funding for minority groups to challenge federal laws under review
reports that the program, first set up under former Prime Minister
Pierre Trudeau, 'has been the target of harsh criticism from social
conservatives and critics of so-called judicial activism, who assert the
initiative is a slush-fund for left-leaning groups to circumvent the
will of elected legislators by challenging them in court'."
- Lawsuit to Reinstate Federal Court Challenges Program
(January 8, 2008): "According to [the Osgoode Hall Law School blog] The
Court, 'Last month, a coalition of eight organizations representing
equality-seeking communities announced that it will file a motion in
Federal Court to intervene in a case challenging the decision of the
federal government to cut funding to the Court Challenges Program (...)
While operating, the program funded cases dealing with issues such as
same-sex marriage, accessibility rights for people with disabilities,
sex discrimination, violence against women, criminal law provisions
regarding the use of disciplinary force against children, and racial
discrimination in the immigration system'. "
- Impact on Language Minorities from Court Challenges Program Cancellation
(January 22, 2008): "The most recent issue of the Canadian government's
Weekly Checklist of official publications lists the December 2007
report of the House of Commons Standing Committee on Official Languages
on the Court Challenges Program."
- Partial Restoration of Court Challenges Program (June 20, 2008): "The government is only reestablishing the official languages minority component of the program, under the name Program to Support Linguistic Rights. However, funding has not been restored for Charter challenges by other groups such as ethnic minorities, gays and lesbians or people with disabilities."
Labels: Charter, courts, human rights, law schools