Court Challenges Program
Application for Funding
Provide an outline of your plan for the case; when it will be (was) started in court; what the important steps in the case are and when you expect them to happen; who will be helping you with the case at each step.
- It is anticipated that an application will be made to Ontario Superior Court. The applicant(s) are yet to be determined. The respondent is the Attorney General of Canada.
- A preliminary hearing will then be arranged between our lawyer and the lawyer for the respondent. It is anticipated that interveners may include representatives of religious organizations that are committed to ritual circumcision as part of their faith. We do not believe that a settlement can be reached with the Attorney General with respect to this matter, at or before a preliminary hearing. This belief is based on correspondence received from the Attorney General herself. It is anticipated that the Attorney General will attempt to have the case dismissed through summary judgement. We believe that the argument put forward for the dismissal will be that the applicants have no standing in constitutional matters. It is anticipated that the preliminary hearing will last 1 - 2 days in total.
- After the preliminary hearing, we anticipate that it will take three to four months to accumulate and file detailed affidavit material to support our case.
- Cross-examination of affidavits and other materials is expected to take six months. We anticipate that several key expert witnesses will agree to take part in cross-examination.
- We expect that once cross-examination is complete, it may take as long as eight to ten months before a court is available to conduct the hearing.
- A full hearing is expected to take three to four weeks in court.
- A decision is expected to be delivered six months after the full hearing is completed.
- We believe that if we win this case, the Attorney General will appeal. The appeal process may take two years.
- We expect that it will take another four years before the matter is heard in the Supreme Court, should the case be appealed to that level.