Judge says Charter challenge pointless for now since summer jobs program over

By Jeremy Appel on September 13, 2018.

jappel@medicinehatnews.com @MHNJeremyAppel

A challenge to the Canadian government summer jobs program’s mandatory attestation in favour of abortion rights was declared “moot” Wednesday by a justice at Medicine Hat’s Court of the Queen’s Bench.

Justice William Tilleman said since the program — intended to provide students with seasonal employment — was for the summer of 2018, there’s no reason to litigate after the fact.

“The 2018 program is not perennial,” he said, adding that the program’s controversial criteria might not be in place next year.

Applicants Reah Lynne and William Anderson of Brooks wanted to hire a summer student for their business — A-1 Irrigation & Technical Services — but refused to affirm their support for abortion rights.

The Andersons, with the assistance of the conservative Justice Centre for Constitutional Freedoms, launched a Charter challenge in Medicine Hat, which the federal Crown argued is not an appropriate venue for a claim against it.

“This is an interesting case,” said Tilleman. “It’s a case of jurisdiction.”

However, “2018 is over (for the program’s purposes),” he added.

According to a news release from the JCCF, the Andersons submitted the grant application on Jan. 24, and were rejected Feb. 9.

Service Canada explicitly said the rejection was a result of their not checking the box next to the attestation.

According to the JCCF, this mandatory proclamation in exchange for government funding violates the freedoms of conscience and expression outlined in the Charter.

If the program goes forward next year with the same mandatory attestation, Tilleman said he wants to hear the case.

“I would request the feds notify us as soon as possible if they go forward with 2019,” he said.

Deb Babiuk-Gibson, a lawyer representing the Government of Canada, said the matter should be heard in federal court if the plaintiffs want to proceed.

Jay Cameron, a lawyer with the JCCF who’s representing the Andersons, told reporters the federal government is imposing an ideological litmus test on summer job grant program applicants, which is unfair to both his clients and the student they could have hired.

“The Canada Summer Jobs Program exists to provide practical life skills to some student who needs them, so there’s a student who missed out on the basis of the federal government’s decision that everyone has to agree with it, or respect their position, on reproductive rights,” said Cameron.

He called the attestation “coercive and unfair, totalitarian and biased.”

There are many Canadians who don’t regard abortion as a fundamental right, Cameron added.

“It’s a big country and people have diverse views on the subject of abortion. According to the Constitution, Canadians still have a right to have their own opinions.”

Cameron wouldn’t comment on whether his clients suffered any monetary losses as a result of not receiving the grant, but confirmed they are not looking for any financial restitution.

“We’re not seeking any damages,” he said. “What we’re seeking is for the courts to uphold the constitutional rights of private citizens.”

Note: The headline to this story has been updated to reflect that since the program could come back in the same iteration in the future, a potential Charter challenge could have merit at that time.

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