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Decentralized Democracy

House Hansard - 190

44th Parl. 1st Sess.
May 3, 2023 02:00PM
Context: House Hansard - 190 - May/3/23
Ms. Heather McPherson (Edmonton Strathcona, NDP)
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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Context: House Hansard - 190 - May/3/23
Mr. John Nater (Perth—Wellington, CPC)
Madam Speaker, I heard a riveting comment from a colleague behind me, but I will not go that far. It is indeed an honour and a privilege to rise in the House this evening to contribute to the debate on Bill C-316, an act to amend the Department of Canadian Heritage Act, court challenges program. Indeed, as has been mentioned in this House, this program has an off-and-on history in this place and in government through the Department of Canadian Heritage. I did have the honour and privilege of serving for some time at the Standing Committee on Canadian Heritage. Before I get into the meat of my speech, I do want to reflect on one of the more famous quotations from one of the great parliamentarians of this place. The Right Honourable John Diefenbaker was one of the great defenders and protectors of Canadian freedom. He said, “Parliament is more than procedure—it is the custodian of the nation's freedom.” I think too often in this place we forget about our role as the protectors and defenders of the freedoms of Canadians. If we look back at the history of some of the great orators, some of the great defenders in this place, including Diefenbaker and his bill of rights, the first attempt at enshrining the rights and freedoms of Canadians in a single federal statute was by Diefenbaker. From his humble upbringing, his birth in Neustadt, Ontario, which is just north of my riding, Perth—Wellington, to his time as a defender, as a defence counsel and during his time as a parliamentarian, his focus was on the rights and freedoms of Canadians. That was what he lived for in this place. We will recall that it was under Diefenbaker that the first woman was appointed to cabinet. It was under Diefenbaker that indigenous peoples in all corners of this country finally had the right to vote and it was through Diefenbaker's bill of rights that we saw the first written efforts at enshrining the rights and freedoms of Canadians. That history and protection of rights and freedoms continues under other Conservative leaders as well. We need to be proud of their efforts. Indeed, under the leadership of former prime minister Mulroney and former foreign minister Joe Clark we saw the strong stand that Mulroney and Clark took in defending us on the world stage in calling out the apartheid regime in South Africa. We saw the efforts they led in the Commonwealth to make that happen and we saw the work they undertook here at home in Canada when it came to the defence of Canadian rights and freedoms. Their efforts on the two constitutional accords did, in fact, fail but, nonetheless, attempted to enshrine those rights and freedoms and ensure that all members in this country signed on. To the issue at hand of this bill, Bill C-316, I think Canadians would be forgiven in not fully understanding why this is before us today. Members will know that, in fact, the court challenges program exists today. It is a program that is run out of the University of Ottawa and funded by the Government of Canada, so why is this being done today? Canadians might be forgiven for perhaps seeing it somewhat odd or ironic that the government is creating a program that would sue itself, that would provide funds for the Canadian public to sue themselves. There is an odd strategy there. If we look back at the history of the court challenges program, in 1978 this was first established under then prime minister Pierre E. Trudeau. It was primarily for language cases. We look at the importance of language rights here today in Canada, and indeed we have a bill before the House, as we speak, Bill C-13, which is the modernization of the Official Languages Act. As luck would have it, was one of the first files I worked on when I first came here in 2015 as a member of Parliament. I was the vice-chair of the official languages committee, the Anglo from southern Ontario at the official languages committee but it was, nonetheless, a great opportunity to learn my beloved second language. The importance of having the rights of official language minorities protected across the country is, indeed, very important. Whether someone is a Franco-Ontarian, a Franco-Albertan or even from a small language community in the country, it is important to protect their right to be able to receive services in their second language. My time is dwindling, but I understand I will have four minutes remaining when the House takes up this important issue next. I look forward to concluding my remarks on Bill C-316 next time.
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