Disadvantaged Group Issues Addressed
This is a lengthy debate by the Justice Committee. Gerald Chipeur participated in this debate on April 19th, 2016. The Justice Committee has a question placed in front of them during the meeting. It pertains to the Court Challenges and the program that is in place to deal with them.
This program when established to deal with human right issues of disadvantaged groups in Canada. Also it works with official language minorities in Canada. It ensured their equality and language rights. All this under the Constitution through the courts of Canada.
The panel discussed the ‘government funding for charter litigation challenging federal law. Gerald Chipeur provide his recommendations. He also stated three reason the funding would be ill advised.
Lawyer Gerald Chipeur Addresses Funding for Charter Litigation Challenging Federal Law
Gerald Chipeur explains why his arguments were not funded. The bureaucrats as he call them refused the funding. The reason behind the decision came from a law school dean and a law school professor. Gerald Chipeur said. “In my view, the test should not be a reasonable chance of success and law professors should not be the gatekeepers.”
Gerald Chipeur also stated that laws that are 30 years old. Because of their age the Justice Committee should disregard them as tests. The tests are too old for legal situations today. He also stated the following. That the work accomplished should be enough. The Attorney General, the cabinet, the House of Commons and the Senate should be enough. Gerald stated there should be adequate opportunity to scrutinize the law. Also to ensure that the litigation is charter compliant. Gerald Chipeur mentioned that the funding of such charter lawsuits shows the following. That the Parliament is subservient to the courts.
Gerald Chipeur stated the following. The ‘Challenges Program’ is redundant. He mentions what the Supreme Court of Canada mentioned in Carter. The detail of the response by the Supreme Court had to say was not mentioned. Gerald does give the reference to the response here in the committee meeting.
Gerald Chipeur also outlined 10 Rules. Every new program should include these rules. This Justice Committee meeting addressed these rules.
Other people who took part in this Justice Committee meeting are as follows. Sarah Lugtig from the Canadian Bar Association. Mark Power a special advisor to former French-speaking common law members. Tamra Thomson director of legislation and law reform. Finally Cara Zwibel from the Canadian Civil Liberties Association.
At the conclusion of the meeting a statement came from the right from John Rae. He is the Second Vice-Chairperson and Chairperson of Social Policy Committee. He is also Council of Canadians with Disabilities. “Yes. If the community is directly involved, we can work together with other equality seeking groups. I believe we’ve done that in the past. I have full confidence that a range of cases will be selected that do have national implications, and certainly, if the makeup of the program is nationally focused, so that all parts of the country are represented, no part of the country should feel disadvantaged. That is a possibility. Cases from all parts of Canada need to be given equal consideration, and with the community involved, I am confident that will happen”.
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