Language Rights Support Program

Description

In June 2008, the Government announced the creation of the Language Rights Support Program(LRSP), focusing on awareness and alternative dispute resolution, yet allowing support for litigation. The Program opened officially on December 22nd, 2009.

1. Objectives

• to promote awareness of language rights through public education;
• to offer access to alternative dispute resolution processes to settle disputes out of court;
• to support litigation that helps to advance and clarify constitutional language rights when test cases are involved and dispute resolution efforts have not resolved matters.

2. Expected results

• better understanding by the Canadian public of language rights and the conditions for exercising these rights;
• preventive and amicable settlement of a larger number of disputes related to rights targeted by the Program;
• advancement and clarification of language rights by the courts.

3. Targeted constitutional language rights

The Program targets the following constitutional language rights:

official language rights as guaranteed by the interpretation or application of section 93 or 133 of the Constitution Act, 1867, or as guaranteed in section 23 of the Manitoba Act, 1870, sections 16 to 23 of the Constitution Act, 1982, or equivalent constitutional provisions, or the clarification of the linguistic aspect of freedom of expression in section 2 of the Canadian Charter of Rights and Freedoms, when invoked in an official language minority case.

Complaints and legal proceedings initiated exclusively under the federal Official Languages Act and complaints or legal proceedings lodged exclusively under any provincial or territorial legislation will not be eligible for support under the Program.

4. The managing institution

The Program is administered by an independent institution that has a broad mandate for service to the public. 

On September 9, 2009, the Minister of Canadian Heritage announced the choice of the University of Ottawa as the Program’s managing institution. The Official Languages and Bilingualism Institute (OLBI), in partnership with the Faculty of Law, officially launched the Program on December 22nd, 2009. For more information, please visit: http://www.olbi.uottawa.ca/en/padl.php

The University’s mandate will be to implement the Program in accordance with the provisions outlined in the contribution agreement concluded with the Department.

Roles and responsibilities of the managing institution:

• Implement and deliver the Program;
• Manage the Program's annual overall budget of $1,500,000;
• Provide Canadian Heritage with periodic reports on activities (as is required for all federal contribution agreements);
• Ensure all conditions of the contribution agreement are met;
• Determine and implement communication and collaboration mechanisms to ensure on-going links to communities;
• Ensure that a staff team dedicated to the implementation of the Program, will:
  • Provide secretariat support to the Panel of Experts;
  • Develop and recommend program documents (e.g. budgets, communications strategy);
  • Develop and recommend Program component documents (e.g. funding guidelines and assessment grids) for approval by the Panel of Experts;
  • Analyze and recommend files to the Panel of Experts for support under the three Program components;
  • Implement and manage the Program;
  • Take part in the internal evaluation of the Program's activities.

5. The Panel of Experts

The Panel is composed of nine members designated by the Minister of Canadian Heritage and Official Languages. The Department solicited suggestions for candidates from organizations such as the Fédération des communautés francophones et acadienne du Canada and the Quebec Community Groups Network.

Once designated, the Experts will remain totally independent from the Minister and will report only to the managing institution. The Experts will be reimbursed for travel expenses and receive an attendance fee from the managing institution. 

The nine members of the Panel are divided as follows:

• Four (4) lawyers
• Three (3) representatives from the Francophone minority community
• One (1) representative from the Anglophone minority community
• One (1) representative specializing in alternative dispute resolution

The nine members comprise a balanced representation (experience, region and language).  It is proposed that the regular mandate of the Panel members be three years and that the original Panel is composed in such a way so that no more than three members complete their mandates at the same time.

The Panel could be sub-divided into groups as needed for decision-making specific to components.

Roles and responsibilities of the Panel of Experts:

• Select files to be supported by the three Program components based on expert knowledge of the state of law, the communities needs and Program guidelines and objectives;
• Provide guidance for the development of and approve file assessment grids and funding parameters for the three Program components;
• Advise the managing institution with respect to the budget allocations for the different components of the Program;
• Advise the managing institution on appropriate communication and collaboration mechanisms to ensure on-going links to the communities;
• Provide guidance and feedback to the Program staff on their support to Panel activities.
  

6. Components

1) Information and Promotion

Description:

This component targets the Canadian public and more specifically, official language minority communities. Its objective is to improve awareness of constitutional language rights. The Program will undertake initiatives that promote and popularize available information on constitutional language rights in Canada.  To do so, the Program may undertake a number of activities, such as strategic consultations and impact studies, to help individuals and groups understand the impact of past decisions. A second area of promotional activities will include the promotion of the LRSP itself.

Target:

The Canadian public in general and, more specifically, official language minority communities.

Key Activities:

Program staff hired by the University:

• Develop and implement a communications strategy, including all  communications tools;
• Evaluate and recommend to the Panel of Experts communications proposals from partners;
• Popularize and disseminate information on constitutional language rights through activities such as strategic consultations and impact studies.

Panel of Experts:

• Provide analysis and rationale to set direction and establish communications objectives based on the state of law and the needs of the communities;
• Select communications initiatives to be supported.

2) Alternative Dispute Resolution (ADR)

Description:

The objective of this component is to resolve disputes concerning targeted language rights or their application by facilitating the out-of-court resolution of these disputes. The Program would provide funding for file preparation for approved applicants and fund an ADR process.

Target:

Individuals and organizations representing individuals or groups experiencing a dispute based on constitutional language rights that are eligible for support under the legal remedies component or whose dispute is in line with the priorities of the Program.

Key Activities:

Program staff hired by the University:

• Develop and implement an ADR process;
• Develop and recommend Program component documents (e.g. funding guidelines and assessment grids) for approval by the Panel of Experts;
• Support the work of the Panel of Experts by analyzing files and making recommendations regarding funding requests;
• Communicate with both parties to determine willingness to participate in an ADR process;
• Communicate ADR information to interested parties (available methods, roster of professionals, approximate time and cost expectations);
• Process and pay expenses according to Program guidelines for file preparation for approved requests;
• Fund an ADR process according to Program guidelines;
• Draft summary reports on the results achieved by the Program component and for each funded request when the parties have agreed to share the information by signing a waiver.

Panel of Experts:

• Develop the standards for ADR support through the Program (e.g. funding rates, reasonable timelines, treatment of files);
• Provide guidance and approve the assessment grid for assessing requests for ADR support;
• Evaluate and select requests for ADR support.

3) Legal Remedies

Description:

The intent of this component is to help individuals or groups representing individuals or groups bring to court or to intervene in an unresolved dispute concerning a targeted language right. The dispute must be a test case that is likely to advance the state of law. To be eligible for the assistance provided under this component, it must be determined that a resolution through ADR was attempted, but not possible.

Target:

Individuals or groups representing individuals or groups experiencing a targeted constitutional language right dispute that represents a precedent-setting case and where ADR was unsuccessful.

Individuals or groups representing individuals or groups participating in any case initiated before the Program is operational and which, had it not been for the repeal of the Court Challenges Program (CCP), could have been subject to funding under the terms of the CCP, can apply for retroactive funding under the new Program, regardless of the stage of the procedures before the courts. Likewise, new interveners in language rights cases for which the plaintiff or other interveners have already been funded by the CCP, can also apply for funding. These applications will be processed according to the criteria and mechanisms of the Language Rights Support Program, without having to demonstrate that ADR was unsuccessful.

Key Activities:

Program staff hired by the University:

• Implement administrative guidelines for the component;
• Develop and recommend Program component documents (e.g. funding guidelines and assessment grids) for approval by the Panel of Experts;
• Support the work of the Panel of Experts by analyzing files and making recommendations regarding funding requests;
• Process and pay expenses according to Program guidelines for file preparation for approved requests;
• Draft summary reports on the results achieved by the Program component and for each funded request when the parties have agreed to share the information by signing a waiver.

Panel of Experts:

• Develop the funding rates for legal remedies supported through the Program;
• Provide guidance and approve the assessment grid to evaluate requests for legal remedies support;
• Evaluate and select requests for legal remedies support.