A contentious government program that helps fund special interest groups to challenge federal laws on equality grounds is under review and facing an uncertain future for the second time in its 28-year history.

The Court Challenges Program, which receives about $2.85 million annually from the Canadian Heritage department, has handed out funding for hundreds of court battles over the years claiming rights such as gay marriage, prisoner voting and a Criminal Code prohibition on spanking children.

The Trudeau-era program was already axed once before by the Mulroney government and revived after the Liberals returned to power in 1993.

First created in 1978 to advance minority language rights, it was expanded in 1985, with the advent of the equality guarantees in the Charter of Rights, to fund important constitutional cases that could lessen discrimination.

The program has been the target of harsh criticism from social conservatives and critics of judicial activism, who assert the initiative is a slush-fund for left-leaning groups to circumvent the will of elected legislators by challenging them in court.

"It has been controversial from the word go," said Gwen Landolt, vice-president of the social conservative lobby group REAL Women. "It is a boondoggle for special interest groups with a certain ideological perspective. Only one side of the argument gets the money."

The group Equality for Gays and Lesbians Everywhere has been a repeated recipient of funding, as well as the Women's Legal Education and Action Fund. Aboriginal groups and those representing people with disabilities have also been major beneficiaries.

Justice Minister Vic Toews recently denounced the program for its lack of accountability because it does not publicly disclosed which groups receive money or how much they get.

"One of the curious things about that program is that I am not allowed to see what, in fact, it does fund," Mr. Toews told the Canadian Bar Association last month.

Mr. Toews cautioned however, that "simply because a program is being reviewed doesn't mean it is on the chopping block."

The program is based in Winnipeg and funding is determined by national panels of experts in the equality rights and language rights communities.
© The Ottawa Citizen 2006