The Court Challenges Program provides financial support to bring test cases of national importance that aim to clarify and assert certain constitutional and quasi-constitutional official language rights and human rights before the courts. Here are the rights covered by the Program:
Official Language Rights Branch
Official language rights protected by:
- sections 93 and 133 of the Constitution Act, 1867;
- section 23 of the Manitoba Act, 1870;
- sections 16 to 23 of the Canadian Charter of Rights and Freedoms (the “Charter”);
- the linguistic aspect of freedom of expression in section 2 of the Charter when invoked in an official language minority case; and
- any parallel constitutional provisions.
Justiciable parts of the Official Languages Act, which include:
- section 4 of Part I (Proceedings of Parliament);
- sections 5 to 7 and 10 to 13 of Part II (Legislative and Other Instruments);
- Part IV (Communications with and Services to the Public);
- Part V (Language of Work);
- Part VII (Advancement of Equality of Status and Use of English and French); and
- section 91 (Staffing).
Human Rights Branch
Human rights protected by the Canadian Charter of Rights and Freedoms under:
- section 2 (including freedom of religion, expression, assembly and association);
- section 3 (democratic rights);
- section 7 (life, liberty and security of the person);
- section 15 (equality rights);
- section 27 (multiculturalism) – in support of arguments based on equality rights; and
- section 28 (gender equality).