Vancouver Sun

How jobs program fuelled a religious row

- BRIAN PLATT

OTTAWA • The Canada Summer Jobs program is usually one of the best parts of an MP’s job: they get to proudly go around their riding announcing grants to small businesses, non-profits and public sector organizati­ons that subsidize the wages of summer students.

But this year the program has sparked a huge controvers­y over whether the government is violating religious freedom by requiring all applicants to sign an “attestatio­n” that includes respect for reproducti­ve rights — in other words, access to abortions.

The government is refusing to back down in the face of a growing outcry from religious groups, and a court challenge has already been launched by an anti-abortion group.

Here’s how this all started, and where things go from here.

WHY DID THE GOVERNMENT ADD AN ATTESTATIO­N?

Last year, the Abortion Rights Coalition of Canada published reports that showed how federal funding was going to anti-abortion groups. It specifical­ly highlighte­d Canada Summer Jobs grants as a source of such funding.

The story was picked up by iPolitics in April 2017 and, in response, Employment Minister Patty Hajdu’s office put out a statement that said: “Any funding provided to an organizati­on that works to limit women’s reproducti­ve rights last summer was an oversight … That’s why this year we fixed the issue and no such organizati­ons will receive funding from any constituen­cies represente­d by Liberal MPs.”

MPs get the final say on who gets Canada Summer Jobs grants in their riding, which is why the government could only promise it for Liberal-held ridings last year. After a review of the program’s eligibilit­y requiremen­ts, this year the government added an attestatio­n that applicants in all ridings must sign.

Meanwhile, three antiaborti­on groups who were denied funding last year had filed a Federal Court challenge in May, pointing to Hajdu’s statement as evidence the rules were arbitraril­y changed after the applicatio­ns were submitted. The government settled that case in November, agreeing to pay out the denied grants.

WHAT EXACTLY DO APPLICANTS NEED TO SIGN?

The attestatio­n in full says: “Both the job and the organizati­on’s core mandate respect individual human rights in Canada, including the values underlying the Canadian Charter of Rights and Freedoms as well as other rights. These include reproducti­ve rights and the right to be free from discrimina­tion on the basis of sex, religion, race, national or ethnic origin, colour, mental or physical disability, sexual orientatio­n or gender identity or expression.”

The government says it will not even process an applicatio­n that does not include the attestatio­n. The online version of the applicatio­n can’t be submitted unless the box on the attestatio­n is checked off.

There is also an Applicant Guide that further spells out the rationale behind the attestatio­n. “The government recognizes that women’s rights are human rights,” the guide says. “This includes sexual and reproducti­ve rights — and the right to access safe and legal abortions. These rights are at the core of the Government of Canada’s foreign and domestic policies.”

WHY IS OTTAWA TELLING RELIGIOUS GROUPS THEY CAN STILL SIGN?

Both Hajdu and Prime Minister Justin Trudeau have insisted the attestatio­n does not affect religious groups because of the key phrase “core mandate.” They say a church’s core mandate is not focused on anti-abortion activism, so churches should have no problem signing it.

However, faith-based organizati­ons say it’s wrong to think their religious beliefs are separate from their core mandate. Some groups who don’t have a stance on abortion feel it’s wrong to be forced to take a side by signing the attestatio­n. Others are also opposing the attestatio­n on the principle that it violates the Charter’s right to religious freedom.

It is not just Christian groups who are expressing concerns. Earlier this week, Muslim, Sikh, Hindu, Jewish and other organizati­ons gathered in Mississaug­a (at the initiative of a Conservati­ve MP) to discuss the attestatio­n and consider potential next steps in speaking out against it.

DOES IT VIOLATE THE RIGHT TO RELIGIOUS FREEDOM?

There is already a Federal Court challenge to the attestatio­n, launched by the Toronto Right to Life Associatio­n. It argues that the attestatio­n violates not only the Charter’s right to freedom of expression and freedom of conscience and religion, but also the freedom to be treated equally under the law.

The group has filed for a court injunction that would temporaril­y block the use of the attestatio­n until the case is heard. A hearing on the injunction was held Friday morning, and a decision is expected soon.

Although no group is entitled to receive a discretion­ary government grant, the government is still required to adhere to the Charter in how it administer­s programs and funding opportunit­ies.

Constituti­onal experts have said there are good arguments on both sides. The attestatio­n does seem to violate freedom of expression, but government­s are allowed to violate a Charter right if it’s a limited and reasonable violation in pursuit of a justifiabl­e goal.

It is possible a court would rule that the attestatio­n is legal because the government has the goal of protecting women’s health, and doesn’t want funds going to groups who actively work to oppose abortion access. Or it could rule that the attestatio­n is overly broad and thus illegal, as it requires groups to attest to their beliefs about abortion even for summer jobs that have nothing to do with abortion.

So far, no religious groups have joined the Federal Court case or launched their own court challenge, but many have said they are considerin­g taking legal action if a solution can’t be found.

 ?? THE CANADIAN PRESS / FILES ?? The office of Employment Minister Patty Hajdu, pictured in 2016, released a statement in 2017 that helped spark the controvers­y over the Canada Summer Jobs program.
THE CANADIAN PRESS / FILES The office of Employment Minister Patty Hajdu, pictured in 2016, released a statement in 2017 that helped spark the controvers­y over the Canada Summer Jobs program.

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