Eligibility Criteria

Development of Test Cases

//Development of Test Cases (Human Rights – Rights)
Development of Test Cases (Human Rights – Rights)2019-10-13T22:33:22+00:00

Who we can fund:

You are an individual or a group whose human rights covered by the CCP may have been breached;

OR

You are a non-profit organization that represents an individual or a group whose human rights covered by the CCP may have been breached.

AND

You are in need of financial support to proceed with the case.

Your case must meet all of the following eligibility criteria:

Your application concerns one of the human rights covered by the CCP.

Your application is a potential test case. A test case is a case that raises an issue that has not yet been fully addressed by the courts.

Your case is of national importance.

Your case could assert and clarify one of the human rights covered by the CCP.

Your case will advance knowledge and the state of the law and will create precedents.

Your case reflects the spirit and letter of the Charter.

Your case must challenge a federal law, policy or practice.

What we cannot fund:

A for-profit organization.

The development of a case already funded by the CCP or the former Court Challenges Program of Canada.

Complaints, prosecutions or challenges presented solely:

  1. In terms of provincial or territorial human rights laws; or
  2. Against provincial or territorial laws, policies or practices.

Public education, community development, lobbying or political advocacy.

Maximum eligible funding

The types of development of test cases activities to which you may apply for funding, to a maximum of $15,000, include:

Legal research and drafting

You may need to conduct research to determine whether your case has merit to advance as a test case.

Consultation

Consultation funding may be granted to allow you to talk with people in the community, others with more experience with the issues you wish to explore, or with experts about your test case idea.

Evidence Development

While it may be apparent to you that your rights under the Canadian Charter of Rights and Freedoms are not being respected, there may be little or no formal evidence to support your position. It may be necessary to commission a study or research project to provide the evidence you need.

Accessibility funding

Accessibility funding of up to $5,000 may be granted to ensure equal access to Program-funded activities by an applicant or others retained or invited by an applicant to participate in the case or project.

Applicants are encouraged to consider applying for accessibility funding, which can cover, for example: interpretation or translation, production of documents in alternate media, travel costs for an attendant, and child care costs.

Requests for accessibility funding must be made in writing and must include: 1) a detailed explanation of the request, and 2) a projected budget for the amount of accessibility funding requested. The decision-making panel has the sole discretion to determine whether circumstances exist that justify accessibility funding and the amount of accessibility funding.

PCJ CCP – Court Challenges Program