Question Period Note: Court Challenges Program

On February 7, 2017, the Government of Canada announced the reinstatement of the modernized Court Challenges Program to improve access to justice and strengthen the protection of constitutional rights. Two independent Experts Panels are responsible for making decisions on funding granted by the Program. Panel meetings to make funding decisions are scheduled for mid-December 2019.

• The Government of Canada has restored and modernized the Court Challenges Program to facilitate access to justice and ensure the government's accountability for the protection of human and official languages rights.
• The Expert Panels granted financial assistance to 31 cases in 2018-19, of which 17 related to language rights and 14 to human rights.
• The members of the Expert Panels are supported by the University of Ottawa, the independent third party responsible for the overall administration and implementation of the Program.

History of the Court Challenges Program
• From 1978 to 2006, the Court Challenges Program (CCP) helped Canadians access the courts to clarify and assert their constitutional rights to official languages and equality guaranteed by the
Canadian Charter of Rights and Freedoms, by funding litigation involving cases of national importance and related activities.
• The CCP was abolished in 2006. However, in 2008, following an out-of-court agreement, the Government of Canada committed to funding previously approved cases and to implementing a new language rights support program known as the Language Rights Support Program.

Reinstating the Court Challenges Program
• In his November 2015 mandate letters, the Prime Minister asked the Minister of Canadian Heritage and the Minister of Justice and Attorney General of Canada to work together to restore a modernized CCP.
• Budget 2016 included new funding of $12 million over five years to support the CCP. Combined with current federal investments, the total funding is $5 million per year. Of the annual investment of $5 million, a minimum of $1.5 million is allocated to the clarification of language rights. The remainder of the amount is allocated to the clarification of the other rights covered by the Program.
• The reinstatement of the CCP was publicly announced on February 7, 2017. On September 1, 2017, the Minister of Canadian Heritage announced the creation of the Selection Committee to develop a short list of candidates for the two Independent Expert Panels responsible for funding decisions (The Expert Panel on Human Rights and the Expert Panel on Official Language Rights).
• The selection of members of the Expert Panels was announced on November 20, 2018. A position has since become vacant on each of the Expert Panels. A process was conducted to replace the official languages expert, but no ministerial appointment was made.
• The Program has been fully operational since 14 January 2019, the funding application process having been previously established by the members of the two Expert Panels. Funding decision-making meetings were held in March, June, and September and will take place in mid-December 2019. The Panels granted financial support to 31 cases, of which 17 related to official language rights and 14 to human rights.
• The Expert Panels are supported by the University of Ottawa, the independent third party responsible for the overall administration and implementation of the Program.
• Funding may be provided to any person, group of persons or organization in Canada who requires financial assistance to present a test case of national importance concerning the rights and freedoms covered by the Program.
• The rights covered by the modernized Program now include freedom of religion, expression, peaceful assembly and association (section 2 of the Charter), democratic rights (section 3) and the right to life, liberty and security of the person (section 7). Parts of the Official Languages Act for which court action may be sought will now also be eligible for funding. These parts include Part IV (communications with and services to the public), Part V (language of work) and Part VII (advancement of English and French in Canada).

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