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Abolishing
the Court Challenges Program (CPP) is good news not
only for taxpayers, but for equality. In the past 20
years, millions of tax dollars have been given to special
interest groups to advance their politically correct
causes through the courts. The radical feminist group
Legal and Education Action Fund (LEAF) has received
hundreds of thousands of tax dollars to advocate:
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that people are entitled to collect welfare regardless
of the income earned by a common law spouse residing
in the same house (Falkiner vs. Ontario);
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that non-citizens should acquire the opportunity
to avoid deportation by giving birth to children
in Canada (Francis vs. Minister of Citizenship and
Immigration);
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that a pregnant woman has a right to continue harming
her unborn child by sniffing glue (Winnipeg Child
and Family Services vs. D.F.G.);
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that more tax dollars should be spent on legal aid
(J.G. vs. New Brunswick Minister of Health and Community
Services), on treating autism (Auton v. B.C.), and
on health services for non-citizens (Irshad vs.
Ontario);
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that physical fitness standards for firefighters
should be lowered to accommodate women (Meiorin);
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that freedom of political speech should be restricted
in the name of "equality" and "Canadian
values" (Kane vs. Alberta Report);
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that EI benefits should be extended to people having
worked fewer than 700 hours in the preceding one-year
qualifying period (Lesiuk vs. Attorney General of
Canada);
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that the state should prohibit prayer and peaceful
protest near abortion clinics (R. vs. Demers);
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that legally owned guns play a significant role
in perpetrating violence against women and children
(Reference Re: Firearms Act);
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that "spouse" need not refer to a member
of the opposite sex (M. vs. H.).
All
Canadians have, through their tax dollars, paid to advance
LEAF's public policy agenda, whether they agree with
it or not. Eliminating the CCP puts all groups on an
equal footing, at liberty to raise funds from their
own supporters.
In
addition to LEAF, other groups have also received tax
dollars through the CCP, to argue:
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that prisoners convicted of serious crimes should
have the right to vote (Sauve vs. Canada (Chief
Electoral Officer);
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that receiving welfare payments is a constitutional
right (Gosselin vs. Quebec);
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in support of Canada Elections Act restrictions
on citizens' advocacy that is independent of political
parties (Harper vs. Canada);
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that it should be a criminal offence for parents
to spank their children (Canadian Foundation for
Children, Youth and the Law vs.
Canada);
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that persons convicted of importing large quantities
of cocaine into Canada should receive a lighter
sentence if they are black single mothers (R. vs.
Hamilton and R. v. Spencer);
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that sexual orientation is akin to race, gender
and religion, and should be added to human rights
legislation (Vriend vs. Alberta);
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that a Guatamalan citizen with a criminal record,
deemed to be a danger to the public, should have
an automatic right to appeal a deportation decision
(Solis vs. Canada (Minister of Citizenship and Immigration);
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that marriage should be redefined to include same-sex
couples (Equality for Gays and Lesbians Everywhere
vs. Canada).
Some
Canadians agree with the public policies that have been
promoted through the CCP. But is it right that all Canadians
- including those who disagree - have been required
to pay for this advocacy?
How
would LEAF supporters feel if their tax dollars were
used for court challenges to recognize the right to
life of unborn children? Or how would members of the
Canadian Labour Congress - a recipient of tax dollars
through the CCP - feel if their tax dollars paid for
court advocacy against compulsory union membership?
Individuals
and organizations have every right to use the courts
to press for public policy change. But requiring people
to pay for advocacy with which they disagree does violence
to a person's conscience.
Equality demands that governments refrain from spending
tax dollars to favour one side of a controversial issue.
Ending the Court Challenges Program creates a fair and
level playing field for all Canadians, whatever their
views might be.
John
is executive director at Canadian Constitution Foundation
based in Calgary.
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