Funding: Program Promotion and Access

Funding for Program Promotion and Access

The Court Challenges Program of Canada/Programme de contestation judiciaire du Canada is a national non-profit organization which was set up in 1994 to provide financial assistance for important court cases that advance language and equality rights guaranteed under Canada's Constitution. The Program was established by equality-seeking and official minority language organizations, and interested lawyers and academics, to provide groups and individuals with the opportunity to pursue these rights through the courts.

Sections which relate to Funding for Program Promotion and Access under the Court Challenges Program are described below:
Program Promotion and Access Funding
General Eligibility Requirements
Eligible Projects

Cases which receive funding must involve federal and provincial language rights protected by the Constitution of Canada or challenges to federal laws, policies and practices based on section 15 (equality) of the Canadian Charter of Rights and Freedoms. Cases will only be funded if they have the potential to change a law, policy or practice in a way which will ensure the respect of equality and language rights.

The Government of Canada, through the Department of Canadian Heritage, has demonstrated its commitment to the Program's work by providing funding of $2.75 million per year. The Program's money goes to groups and individuals for court cases and other activities directly related to language and equality rights and to pay the administrative costs of the Program.

The Program has a volunteer Board of Directors responsible for making sure that the administration of the Program runs smoothly. In addition, there are specialized, independent Panels to make decisions as to which cases or projects will be funded and in what amounts. The Language Rights Panel and the Equality Rights Panel are made up of experienced and knowledgeable individuals with a history of involvement in equality or language issues and community organizations.

Program Promotion and Access (PPA) Funding

The Program's Contribution Agreement with the Department of Canadian Heritage sets out the terms and conditions on which money is given to the Program each year. It defines the Program's mandate, including what types of cases and activities the Program can (and cannot) fund and who is eligible for funding.

The Program's primary function is to provide funding for test cases on equality and language rights issues. However, before the agreement with the government was signed, discussions took place among language rights and equality seeking groups about other kinds of activities eligible for funding.

equality and language rights research
discussion of equality and language rights issues and strategies for taking those issues to court
promoting awareness of the Program's existence and mandate

General Eligibility Requirements

Contribution Agreement
The Program's Contribution Agreement with the federal government states that the following categories of activities may be funded under Program Promotion and Access:

activities which promote awareness of, access to, or capacity to use the Program
consultation on specific litigation within the mandate of the Program, including meetings with community representatives and legal experts for this purpose

When assessing applications for Program Promotion and Access Funding, the panels must be satisfied that the project comes within one or both of these categories.

Inclusiveness
The panels encourage projects which demonstrate a commitment to "inclusiveness". Inclusiveness refers, for example, to efforts made by the applicant to ensure that the diverse nature of the community affected by the project is represented in the planning stages and among the participants and contributors to the project. It may also include consideration of the extent to which a range of perspectives and ideas about the issues and potential strategies are canvassed in the project and the final report. It is also considered important that the project include, as organizers, participants, speakers or resource persons, those with the community, legal or other expertise and experience required to ensure the project's success.

In planning and budgeting for projects, applicants are encouraged to consider cost saving measures which make the best use of available resources and offer the potential to increase participation and broaden the spectrum of perspectives and ideas which are represented in the project. Such things as choosing rail or automobile transportation instead of air, double hotel occupancy or billeting arranging, to have events catered by local non-profit organizations may make a significant difference in the overall cost of meetings and other projects.

Accessibility
Closely related to inclusiveness is the importance of accessibility. Applicants are encouraged to ensure that the meetings, consultations and other aspects of their projects are widely accessible. Strategies to accomplish this may include choosing wheelchair accessible facilities, arranging sign language interpretation of meetings, translation of project materials into other languages or alternate media, simultaneous interpretation of meetings, reimbursement of child care expenses and/or other ordinary costs associated with securing the participation of persons who could not otherwise take part in the project.

In appropriate cases, where accessibility costs are exceptionally high, the panels may provide additional funding in an amount not to exceed $5,000.00 over and above the ordinary funding limit for the project. Applicants are required to make a specific request for this additional funding and to provide reasons in writing for the request.

Other Funding Sources/Availability of Partial Funding
Where possible and appropriate, applicants for Program Promotion and Access funding are expected to seek funding from more than one source for their projects. Where such other funding is available, it will be taken into account when the amount, if any, of Program funding for the project is determined.

Some projects will have aspects which are considered eligible for funding, even though the full project is not. In these cases, the panels have the discretion to grant partial funding.

Eligible Projects

The Program will consider an application for any project which meets the general requirements for Program Promotion and Access funding. Some examples of projects which may be eligible for funding are:

Strategic Consultations on Specific Legal Issues
Program Promotion and Access funding may be used for focused discussion by community representatives and lawyers about specific equality and language litigation issues and strategies for using court cases to bring about positive change. These consultations will usually involve issues which are quite specific and of concern to an historically disadvantaged, or official language minority group but not ones which are already being dealt with in a case before the courts. Part of the discussion at the consultation must be about the possibility of using a court case to resolve the issue or about the strategies and arguments which may be used in court.

To be eligible for funding, a strategic consultation must include people with a variety of experience and knowledge of the issues which will be discussed.

Funding may be used for the cost of organizing the consultation, travel expenses for participants and/or speakers, preparing a discussion paper or other written material, translation or interpretation and preparing a report about the consultation.

Maximum funding amounts for strategic consultations are as follows:

National Consultation - $15,000.00
Regional Consultation - $7,500.00
Local Consultation - $3,000.00

Consultations on Equality and Language Rights and Program Promotion
The Program may also grant funding to cover all or part of the cost of organizing other meetings where equality and language rights or the work of the Court Challenges Program will be discussed more generally. These meetings differ from the more focused strategic consultations described above. Instead of providing for a detailed discussion of particular litigation issues, the funding in this case is being used to promote better understanding of what equality and language rights are and what they mean to the community and of the Program's work. In this way, individuals and organizations in the community will be better equipped to recognize opportunities to apply for case development or case funding in the future.

To be eligible for funding, meetings in this category must include people with different experience and knowledge and with different concerns and ideas about the equality or language rights issues being discussed.

Funding may be used for the cost of organizing the meeting, travel expenses for participants and/or speakers, preparing a discussion paper or other material for distribution, translation or interpretation, and preparing a report about the meeting.

Maximum funding amounts for meetings are as follows:

National Consultation - $15,000.00
Regional Consultation - $7,500.00
Local Consultation - $3,000.00

Strategic Discussion Papers
The Program may provide funding of up to $5,000.00 for the preparation of strategic discussion papers on important equality or language rights issues. To be eligible for funding, the paper must be one which will assist the Program, its applicants or members of the public more generally to understand the equality or language rights issue or to pursue equality or language rights in court. You may be asked to prepare your paper in a language which members of the public will be able to understand.

Funding may be used for the cost of co-ordinating the project, conducting research and writing the paper, reviewing or field testing the paper, translation or interpretation and printing and other costs for making the paper available to the Program and others.

Outreach Materials
Funding of up to $5,000.00 is also available for preparing and distributing outreach materials about equality or language rights test cases or about the mandate of the Court Challenges Program. Eligible projects may include pamphlets, brochures, videotapes, radio or television spots or other materials intended for broad audiences.

Funding may be used for co-ordinating the project, research and writing, field testing or focus groups, printing or production costs, translation or interpretation and for distributing the materials.

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