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Funding for Language Rights CasesSections which relate to Funding for Language Rights Cases under the Court Challenges Program are described below: Eligibility for FundingThe 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 the Program can (and cannot) fund and who is eligible for funding. What types of cases does the Program fund? Cases may be eligible for funding if they advance official language rights protected by:
Cases involving the clarification of the linguistic aspects of "freedom of expression" in section 2 of the Charter may also be eligible for funding. If you want to see what these sections actually say, please refer to the Key Sections of the Charter. A case is a test case only if deals with a problem or raises an argument that has not already been decided on by the courts and has the potential to assist official language minorities in Canada to protect their language rights. Who can receive Program Funding? A party is a person or group whose rights are directly affected by the case, often the person or group that started the case. An intervener is an interested outside person or group which has arguments or ideas about the case which are broader or have a different focus than the ones presented by the parties. Interveners may only receive funding from the Program when they raise important equality arguments not made by others. The Program's funding is not available to for-profit organizations. What is the Program not allowed to fund?
What is Program Funding? More information about what we will expect from you - and what you may expect from the Program if you receive funding - may be found in the Once Funding is Granted section. Funding Categories and AmountsUnder the Contribution Agreement, there are three (3) categories of funding available for equality rights cases - Case Development Funding, Case Funding and Impact Study Funding. Each is explained briefly below. Negotiation Funding Case Development Funding In some cases, it may be helpful to talk to other people who will be affected by your case and hear what they think. You may also want to consult with lawyers or others with more experience with the issues in your case. A further $5,000.00 in consultation funding may be available to you to talk with people in the community or with experts about your case idea. Case Funding
The maximum amount of funding available for your case will vary depending on what stage the case has reached in court. You may receive up to $60,000.00 for a case which is at the trial level, which is the first time the case goes to court. If a decision has already been made in your case and you (or someone else) has appealed the decision to a higher court, a maximum of $35,000.00 is available for the appeal level. The maximum amount for interveners is $35,000.00, whether the case is at the trial or appeal level.
It is important for you to know that, if you receive case development funding for your case and are later granted case funding, the amount of the case development funding is deducted from the maximum available for the case. For example, if you received $5,000.00 in case development funding to prepare your arguments for a case at the trial level, you could only receive a further $55,000.00 in case funding.
In rare cases, where a case is extremely difficult to work on or where other special circumstances exist, the Program may provide extraordinary funding for a case. Extraordinary funding is generally limited to $25,000.00 for each case in which it is granted. Impact Study Funding Funding DecisionsThe Language Rights Panel makes all decisions about funding for equality cases - including what cases will be funded, who will receive funding, how much will be granted and what the terms and conditions of funding will be. The Panel is part of the Court Challenges Program but is independent from the Board of Directors and from the government. The Equality Rights Panel has the final say on equality rights funding decisions. There are five (5) people on the Panel. Panel members are nominated by organizations involved in language rights work and are chosen for their knowledge and understanding of linguistic rights found in the Constitution and provincial legislation. Brief biographies of the Panel members are available from the Program. The role of the Panel members is to make sure that funding is provided for cases and other activities with the best chance of advancing equality rights in Canada and that the Contribution Agreement and the Program's funding guidelines are respected. The Panel meets in person three (3) times each year to consider funding applications. The ProcessInformation on how to apply for funding may be found in How to Apply for Funding.Once a complete application for funding is received, here is what happens:
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