The Federal Court of Appeal has rejected a claim by a pro-life group against the Federal Minister of Employment, Workforce, and Labour relating to the 2018 Canada Summer Jobs program in a case entitled Right to Life Association of Toronto v. Canada (Employment, Workforce, and Labour), 2021 FC 1125 (CanLII).
The Court noted:
[4] For the more detailed reasons that follow, the Application is dismissed. In brief, I find that the decision to add the Attestation as part of the eligibility criteria for the 2018 CSJ program was within the Minister’s broad authority pursuant to the Department of Employment and Social Development Act, SC 2005, c 34 [DESDA or the Act]. The Minister did not act for an improper purpose, rely on irrelevant considerations, or show bad faith or a closed mind in making this decision. The Attestation is intra vires the DESDA.
[5] I also find that, although not the purpose of the Attestation, its effects engaged the Applicants’ rights of freedom of expression and freedom of religion. Applying the framework established in Doré v Barreau du Québec, 2012 SCC 12 [Doré] for determining whether the limitation on the Applicants’ Charter rights reflects a proportionate balancing, I find that the limitation on the Applicants’ rights was minimal and proportional to the objectives of the DESDA and the CSJ program. Of note, the 2018 CSJ program sought to protect and promote the Charter and other rights of program beneficiaries. Given that the decision reflects a proportionate balancing, it is a reasonable decision.