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Decentralized Democracy

House Hansard - 249

44th Parl. 1st Sess.
November 8, 2023 02:00PM
Madam Speaker, I rise today on a matter of great importance touching on the fundamental rights and freedoms of all people in Canada. I speak of the court challenges program and the legislation before us, Bill C-316, an act to amend the Department of Canadian Heritage Act. Since its creation in 1978, the court challenges program has come to be seen as a unique feature of our constitutional democracy, helping people in Canada to bring forward legal cases when they believe their most cherished rights have been infringed upon, regardless of their means. It enables individuals and organizations to challenge laws and policies that run counter to Canada's fundamental rights and freedoms. It is a true testament to our country's unwavering commitment to justice, equality and social inclusion. The modernized court challenges program, reinstated in 2017, has been instrumental in ensuring unfettered access to justice and equality for every Canadian. Over the years, it has funded hundreds of challenges of national interest, adapting to the evolving needs of our society by helping to articulate a broader range of civil and social rights. This progression is crucial as our society continues to evolve and embrace a more diverse and inclusive perspective. In sustaining and protecting this program further through Bill C-316, we would be solidifying its proven effectiveness in safeguarding rights and promoting equality before the law. This legislative initiative aims to complement the important reforms enacted by the modernization of the Official Languages Act through Bill C-13, which received royal assent on June 20, 2023. Bill C-13 acknowledges the important role of the court challenges program by incorporating its official language rights component into the Official Languages Act and its human rights component into the Department of Canadian Heritage Act, thereby underscoring the government's unwavering commitment to this iconic program. The court challenges program plays an indispensable role in supporting official language minority communities in all regions of the country. By challenging laws and policies that could erode their linguistic rights, it helps preserve the vitality of these communities while ensuring that linguistic duality and diversity remain a proud part of Canada's social and cultural fabric. Furthermore, this program has consistently been at the forefront of protecting the human rights of all people in Canada. It has empowered vulnerable and marginalized communities, has helped defend minority rights and has consistently helped advance the principles of justice and equity. One such example is the funding granted by the court challenges program in 2019 and 2020 for an intervention in a class-action lawsuit on the issue of the forced sterilization of indigenous women. This intervention seeks to ensure health equity for indigenous women and to address systemic discrimination against indigenous people, while providing a national perspective on behalf of affected indigenous women and girls. Thanks to the program's funding, the issues of gender equity, rights recognition and reconciliation will be deliberated in court through a more inclusive approach to participation in the proceedings. The program's annual reports reads like a catalogue of the defining social and civil rights issues of our times. Its essential role in helping to advance our democratic principles and ensure that our rights framework reflects the evolution of Canadian society has been amply demonstrated. Through the deliberate and purposeful act of enshrining this program in law by means of Bill C-316, as a strong complement to what has been achieved in Bill C-13, we are affirming our commitment to its long-term viability and are recognizing its proven effectiveness in asserting, clarifying and protecting the rights and freedoms of all people in Canada.
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