VICTORIA — Green Party leader Elizabeth May heads to court Tuesday to fight for a spot in the federal leaders' debate, on the heels of pledge of $450 million in funding for the CBC if her party is elected.

The CBC and its French counterpart, Radio-Canada, are part of the broadcast consortium — which also includes CTV, Global and TVA — that decided to exclude May from the televised debates to be held April 12 in English and April 14 in French.

On Tuesday, party lawyer Peter Rosenthal will be in the Federal Court of Appeal to try to set a date to argue the case in advance of the debates, being held in the lead-up to the May 2 election.

"There's never been a time where it was truer that justice delayed is justice denied than this case," May said.

The consortium has said the decision to shut out May was based largely on the fact that the Green party has never elected a member to Parliament.

May remains confident. "I think in the end I'll get in the debate, but the media consortium has got to recognize they have done something that offends fundamental principles of fairness in a democracy," May said.

In a campaign stop in front of CBC Radio's studios in downtown Victoria on Monday, May said her party would provide the national broadcaster with stable base funding.

"Concentration in Canadian media, corporate control of news content, slashing of local news content, and the slow funding starvation of our national broadcaster — these are the issues the corporate TV executives would rather not see come up in this election. These are issues Canadians will not hear discussed if I am excluded from the national leaders' debate," May said.

Fear of funding cuts under Prime Minister Stephen Harper have affected news coverage, May said.

"I think the willingness of the CBC to ... be less than diligent in pursuing some of the things the Harper government has done, speaks to a concern and a fear of losing more funding," May said.

The Green platform, which is to be released later this week, calls for a three-year investment in the CBC and Radio-Canada: $100 million in 2011-12, $150 million in 2012-13, and $200 million in 2013-14.

Other issues May said she would like to address in the leaders' debates include: the science of climate change; where Canada is going with regard to women's rights; and the need for a robust diplomatic effort and peace talks — rather than jet fighters — in Libya.

The Green party's plan is to focus on Saanich-Gulf Islands, where May is trying to become the party's first elected MP. She faces an uphill battle in a riding long held by Conservative cabinet minister Gary Lunn. Other candidates include Liberal Renée Hetherington and the NDP's Edith Loring-Kuhanga.

ceharnett@timescolonist.com