ADR

** Please note that the Language Rights Support Program will no longer accept funding applications as of April 1st, 2017. **

Alternative dispute resolution (ADR)

Funding from the LRSP aims to facilitate access to alternative dispute resolution (ADR) in order to resolve disputes through non-judicial means.

Funding available for alternative dispute resolution is limited to :

  • $20,500 for the applicant and
  • $5,420 for the travel expenses and fees of the ADR professional.

The LRSP recognizes the following as ADR:

  • Mediation
  • Arbitration
  • Negotiation
  • The opinion of an expert chosen by both parties
  • Mini-trial
  • Any other ADR method approved by the Panel of Experts

If the applicant has received funding for an exploratory study in connection with this ADR file, the amount of funding granted for the exploratory study will be deducted from the amount granted for the purposes of undertaking an ADR.

Eligibility criteria

  • You are an individual or a group whose constitutional language rights may have been breached;
  • You are a non-profit organization that represents an individual or a group whose constitutional language rights may have been breached;
  • You have not received funding for the same case from the Court Challenges Program of Canada.
  • Your application concerns one of the following rights:
    • Official language rights as guaranteed by the interpretation or application of sections 16 to 23 of the Canadian Charter of Rights and Freedoms;
    • Official language rights as guaranteed by the interpretation or application of sections 93 or 133 of the Constitution Act, 1867;
    • Official language rights as guaranteed by the interpretation or application of section 23 of the Manitoba Act, 1870;
    • Official language rights as guaranteed by the interpretation or application of any other equivalent constitutional provision;
    • The clarification of the linguistic aspect of freedom of expression guaranteed by section 2 of the Canadian Charter of Rights and Freedoms when this freedom is invoked in a matter concerning an official language minority.

For more information, here is a brief summary of constitutional language rights.

Please note:

  • The LRSP will fund only one ADR process per Legal Remedy file.
  • The LRSP does not provide funding to for-profit organizations.
  • Your ADR funding request may be made at any point prior to the start of the trial.

Denial of the application

Your application shall be denied if it involves only complaints, prosecutions or challenges presented:

  • Under the Official Languages Act of Canada;
  • In connection with appeals or with judicial review of actions or measures taken by the Office of the Commissioner of Official Languages of Canada, or by the Commissioner;
  • Under any provincial or territorial law concerning the protection of official language rights;
  • Against provincial or territorial laws, policies or practices other than those that concern official languages;
  • On the basis of sections of the Constitution of Canada other than those that concern official languages.