44th Parl. 1st Sess.
May 3, 2023 02:00PM
Madam Speaker, we are here to talk about the court challenges program, which has been brought forward by the hon. member, and I appreciate his words.
Right now, we already have a court challenges program in place. However, it is based only on a contribution agreement within the heritage department. This bills looks to permanently enshrine in law a court challenges program here in Canada.
What is that? I will quote the bill. It says it is “an independently administered program whose objective is to provide financial support to Canadians to bring before the courts test cases of national significance that aim to clarify and assert certain constitutional and quasi-constitutional official language rights and human rights”.
There would be two streams: official languages and human rights. Individuals or groups could come forward and to apply for funding from this supposedly independent body, and then go ahead to essentially go after the federal government or a provincial government in a court challenge.
It should be pointed out, just as an important side note, that this program is currently funded to the tune of $5 million per year. We know that about $3.3 million is spent on actual cases, which means that $1.7 million is being used on administrative costs. That is a lot of money tied up in administration. I have many significant questions, as do Canadians, about that money and its wastefulness. If this program is about equipping Canadians or empowering Canadians to be able to seek justice, then the money should be going toward that and not the hefty fees for administering this program.
Nevertheless, I will also point out that the government has said that it is supposedly doubling this amount. That is what the 2023 budget says. What is the amount it is committing to in the 2023 budget? It is $4.9 million. It currently spends $5 million, and it is committing to $4.9 million, yet it says it is somehow doubling the funding to this program. I point that out because it is as if the government just says something and relies on being believed to pull the wool over Canadians' eyes. Going from $5 million per year to $4.9 million a year is not doubling the program. The numbers speak for themselves.
While the Prime Minister and the government may claim one thing, they are really doing another. It is incredibly disingenuous of them. I want to point that out. Nevertheless, the bill itself is deserving of our attention today.
We have to look at the history to fully understand it. It originated with Trudeau senior, Pierre Elliott Trudeau. The reason Mr. Trudeau senior brought this bill forward was because he was faced with Bill 101, which threatened the unity of this country. It looked to make French the sole official language in Quebec.
The prime minister at the time, Trudeau senior, did not want to challenge this himself, so he decided to put in this crafty mechanism called the court challenges program. It gave money to third party groups to challenge Bill 101. In other words, the prime minister, with his left hand, was saying he was in support of Quebec and its independence, and with his right hand, was handing over millions of dollars to have these third party groups challenge Quebec. That is the birth of this bill. It is incredibly disingenuous once again.
That is where it started. It has morphed over the years. Sometimes it has been backed up and supported, and sometimes it has been scraped or supported less. Nevertheless, it has existed in some form since the late 1970s.
One of the problems with this bill is that it undermines Parliament. This is where laws are made in this country. This is the place that has been entrusted by the Canadian electorate to make decisions regarding legislation. When we take that responsibility or authority, and we put it into the hands of the courts, we are doing a disservice, and even an injustice, to the Canadian people.
I would raise that as a significant concern, and I have many more concerns. They have to do with transparency, accountability and independence. I will explore those.
First, it should be noted that this bill is often used as a direct attack on Quebec and its culture and language rights. For example, even right now, the court challenges program is being used by activists to fight against Bill 21, which is a Quebec bill. It is currently being used to fight that bill.
The other thing I will point out is that this program is often used by woke groups to push woke agendas. Of course, that is supported by the panels that exist. Why is it supported by panels that make these decisions? I would argue it is because those panels are not in fact independent and are not in fact transparent. Again, there is a shroud of secrecy around the court challenges program and how it functions.
Let me explain more. With regard to transparency, panels exist: one panel for language rights cases and one panel for human rights cases. How are the individuals on those panels selected? I do not know. The reason I do not know is that this is not available.
The government claims it is supposed to be available, but my staff and I have checked the government's website numerous times over the last several months and it has always been down. We decided to go on the Wayback Machine, thinking perhaps the site was just down momentarily, but we were not able to find anything on the Wayback Machine. I wonder about that. Is the government purposely being secretive in the selection of these panel members or is the site just down? It is interesting. I am sure someone in IT would be able to fix that should they wish to do so.
Further to that, yes, there is some secrecy with these panels, but with regard to the supposedly independent organization, which is currently the University of Ottawa, how was it selected? Again, there are crickets. I am not sure. I could not tell the House because it is not readily available in the public domain.
I must highlight, then, that there is also an issue around transparency regarding which cases are funded. That was never made public knowledge. That was never made knowledge here in Parliament. There is also this shroud of secrecy around the level of funding, so not only what gets funded but also to what extent. How much money is going toward each of these cases? Again, it is secret.
We have a program taking tax dollars and putting those tax dollars toward these cases, but there is no transparency as to the decision-making process. Canadians deserve better than that.
Transparency is one issue, but another issue would be independence. One would expect the administrating body, which is the University of Ottawa, to be functioning fully independently of the government. Well, a bit of research shows us that this simply is likely not the case.
The University of Ottawa is functioning as this body. This is the university whose former president was a man by the name of Allan Rock. He was a cabinet minister under Chrétien who was convicted of an ethics violation for taking a free trip with the Irving family, which covered his transportation and his hotel. Does that sound familiar? We see a lot of that.
Allan Rock is known for initiating legislation that put the Trudeau Foundation in place. He is also known, of course, for his relationship with the Chinese. It is super interesting, is it not? We have this super independent body with these secretive criteria that are not transparent and are being used to select panels, and further to that, there are two panels making decisions.
When I look at the biographies of these panellists, all of them read as if the Liberal Party of Canada platform was just copied and pasted under their names. There is no doubt about it: These panels are not independently selected. There is no merit-based process being utilized, unless it is the same merit-based process used for the supposedly independent senators over in the other place, and we all know how independent that is.
The Speaker will excuse this side of the House for the conclusion we must draw, which is that this program is absolutely ludicrous. It lacks transparency, it lacks accountability, it lacks independence and it must not go on.
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Madam Speaker, as always, it is a delight to stand in this place and represent the great people of Edmonton Strathcona.
Today we are talking about Bill C-316, an act to amend the Department of Canadian Heritage Act regarding the court challenges program. Basically what this bill would do is amend the Heritage Act to require that the Minister of Canadian Heritage maintain the court challenges program, making sure that this is now in legislation, so that if any future government wanted to cut this program, it would have to do it through legislation. Of course, it would not be a perfect protection for this program, but it would be a good start. It really does make me think about all of the different policies I would like to see protected that have been put in place by various governments. I am going to come back to that as we go forward.
Some people in the House today have said that this is bad legislation and is not something that should be in place, and they have expressed what I would consider some pretty faux outrage about this particular bill. I want to highlight that there are a number of people who believe in the court challenges program, very notable groups that actually think this court challenges program needs to be put into legislation and also needs to be protected and expanded.
The New Democratic Party has been calling for an expansion of this. There is very little money that is allocated to this. It is a very small fraction, a drop in the bucket, compared to what we spend on the justice department. We would like to see this expanded. We are not alone. The people who would also like to see this program expanded are people like Cindy Blackstock and other advocates within the indigenous communities. Legal organizations, including the Women's Legal Education & Action Fund, or LEAF, would love to see this program expanded and put into legislation so that it is protected. Even more notably, the Canadian Bar Association supports the court challenges program.
There are people around this country who are leaders on this and who have asked for this program to be maintained and expanded. It is something that all parliamentarians need to consider. Very few of us are experts in the fields in which we produce legislation, so we take advice from experts. I would say, when we are looking at the justice system, that the Canadian Bar Association, Cindy Blackstock and others would be excellent examples of experts we should be listening to.
There are several reasons why this program is so important, but one of the ones that mean the most to me is that it levels the playing field. It allows Canadian citizens to have access to justice. Often, those Canadian citizens who are least likely to be able access justice are marginalized Canadians. They are women, indigenous people and members of the LGBTQ2+ community. For the people who are often disproportionately impacted by the justice system in a negative way, this helps level the playing field.
I strongly support the program. We could work on making the bill stronger. Certainly, I would like to see the government commit to better funding. We have been calling for stronger funding for this program for some time, so we would like to see that.
I want to talk a little tonight about some of the other things that I think we should be putting into legislation. We are all lawmakers in this place. As I was preparing the notes for my speech this evening, I was thinking about how important it is that we put things into legislation to protect them, protect them from potential future governments that do not share the values of ensuring that there is a level playing field within the justice system for Canadians.
The first thing that came to my mind is my Bill, C-205, which is actually about the Impact Assessment Act. I was very happy, because Minister Wilkinson—
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