They say the attestation is a dangerous precedent where the government is trying to compel speech

OTTAWA — The B.C. Civil Liberties Association considers itself fully on the side of reproductive rights, but it’s now entering the legal fight against a Canada Summer Jobs clause that requires all applicants to attest to respect for those rights.

Executive Director Josh Paterson sees the attestation as a dangerous precedent where the government is trying to compel speech.

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“To say, look, we’re just not going to fund any anti-choice activities, I don’t think that would contravene the constitution,” he said. “To say we’re going to force you to mouth these words, or to sign this attestation, whether or not you believe in the words written: that is what is problematic.”

This week, the civil liberties group was granted intervener status in the Federal Court case started by a Toronto pro-life organization in January. The case seeks judicial review of the government’s decision to implement the attestation, arguing it violates freedom of religion and conscience, among other grounds.

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“We are coming from a different perspective because we’re a resolutely pro-choice organization and have been speaking up for reproductive rights for decades,” said Paterson.

In fact, Paterson said they had actually signed the attestation themselves, and are expecting to hire a summer student through the program.

“We didn’t have a problem because it goes along with our beliefs,” he said. “But we don’t think others should have been forced to sign it.”

The attestation requires applicants to declare that both the job and organization’s “core mandate” respect reproductive rights, as well as other “values underlying the Canadian Charter of Rights and Freedoms.”

The application period first opened on Dec. 19, 2017. Some religious groups, primarily Catholic and evangelical Christians, immediately protested that their core mandate includes their beliefs and values about abortion, and they couldn’t sign such an attestation. The Toronto Right to Life Association filed the Federal Court challenge on Jan. 4, 2018.

On Jan. 23, the government posted supplementary information that sought to clarify the wording. It said “core mandate” only referred to primary activities, and “respect” meant that the activities were not seeking to remove or actively undermine these existing rights.

Paterson said the supplementary information only made things worse, from his point of view.

“To us, that is an after-the-fact, nonsensical creation that doesn’t comport with what the meaning of those words are,” he said. “The later statement as to what the words mean, I can see why that would not provide any comfort to religious organizations that, for reasons of conscience, are opposed to abortion.”

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We don't think others should have been forced to sign it

He said he also rejects the notion that the attestation is acceptable because the grants are discretionary.

“You don’t have a positive right to these government grants, but once there is such a granting program, you have the right not to be discriminated against in terms of your protected grounds under the Charter in giving out that grant,” he said.

In all, 1,559 organizations were rejected for funding over the attestation, out of a total of 42,708 applications received. Applicants who refused to tick the attestation box were rejected, as well as any applicants who significantly modified the attestation.

Many religious organizations were still approved for funding, including some Catholic and evangelical groups. Speaking to the National Post, a few of these organizations said they had decided the attestation was acceptable, while others chose to sign it while registering their protest with their MP.

A few who were approved said they were surprised because they had expected to be rejected over their alternate attestation. Service Canada told the National Post it allowed alternate attestations if they were deemed consistent with the original wording.

There is at least one other court case over the attestation, as a small irrigation company near Brooks, Alta., filed a Charter challenge in April. The Canadian Council of Christian Charities is also preparing a challenge, having sent out a fundraising pitch to its members this week. It says more than 20 charities are interested in joining the challenge.

The Federal Court case, meanwhile, had been scheduled for a hearing on June 19, but that’s been delayed while the Toronto Right to Life Association seeks to amend its application to add new grounds of complaint. Action Canada for Sexual Health and Rights had earlier been approved as an intervener on the government’s side.