An Act for the Substantive Equality of Canada's Official Languages

An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts

Sponsor

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 amends the Official Languages Act to, among other things,
(a) specify that all legal obligations related to the official languages apply at all times, including during emergencies;
(b) codify certain interpretative principles regarding language rights;
(c) provide that section 16 of that Act applies to the Supreme Court of Canada;
(d) provide that a final decision, order or judgment of a federal court that has precedential value is to be made available simultaneously in both official languages;
(e) provide for Government of Canada commitments to
(i) protect and promote French,
(ii) estimate the number of children whose parents are rights holders under section 23 of the Canadian Charter of Rights and Freedoms ,
(iii) advance formal, non-formal and informal opportunities for members of English and French linguistic minority communities to pursue quality learning in their own language throughout their lives, including from early childhood to post-secondary education, and
(iv) advance the use of English and French in the conduct of Canada’s external affairs;
(f) clarify the nature of the duty of federal institutions to take positive measures to implement certain Government of Canada commitments and the manner in which the duty is to be carried out;
(g) provide for certain positive measures that federal institutions may take to implement certain Government of Canada commitments, including measures to
(i) promote and support the learning of English and French in Canada, and
(ii) support sectors that are essential to enhancing the vitality of English and French linguistic minority communities and protect and promote the presence of strong institutions serving those communities;
(h) provide for certain measures that the Minister of Canadian Heritage may take to advance the equality of status and use of English and French in Canadian society;
(i) provide that the Minister of Citizenship and Immigration is required to adopt a policy on francophone immigration and that the policy is to include, among other things, objectives, targets and indicators;
(j) provide that the Government of Canada recognizes the importance of cooperating with provincial and territorial governments;
(k) provide that the Treasury Board is required to establish policies to give effect to certain parts of that Act, monitor and audit federal institutions for their compliance with policies, directives and regulations relating to the official languages, evaluate the effectiveness and efficiency of policies and programs of federal institutions relating to the official languages and provide certain information to the public and to employees of federal institutions;
(l) enable the Commissioner of Official Languages to enter into compliance agreements and, in certain cases, to make orders; and
(m) enable the Commissioner of Official Languages to impose administrative monetary penalties on certain entities for non-compliance with certain provisions of Part IV of that Act.
It also makes a related amendment to the Department of Canadian Heritage Act .
Part 2 enacts the Use of French in Federally Regulated Private Businesses Act , which, among other things, provides for rights and duties respecting the use of French as a language of service and a language of work in relation to federally regulated private businesses in Quebec and then, at a later date, in regions with a strong francophone presence. That Act also allows employees of federally regulated private businesses to make a complaint to the Commissioner of Official Languages with respect to rights and duties in relation to language of work and allows the Commissioner to refer the complaint to the Canada Industrial Relations Board in certain circumstances. It also provides that the Minister of Canadian Heritage is responsible for promoting those rights. Finally, Part 2 makes related amendments to the Canada Labour Code .

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 15, 2023 Passed 3rd reading and adoption of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts
May 11, 2023 Passed Concurrence at report stage of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts
May 11, 2023 Passed Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts (report stage amendment)
May 11, 2023 Passed Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts (report stage amendment)
May 11, 2023 Passed Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts (report stage amendment)
May 30, 2022 Passed 2nd reading of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts
May 30, 2022 Failed 2nd reading of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts (amendment)
May 30, 2022 Failed 2nd reading of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts (subamendment)
May 20, 2022 Passed Time allocation for Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts

May 21st, 2024 / 5:10 p.m.
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Director General, Strategic Policy and International Affairs, Department of Canadian Heritage

Blair McMurren

The allusion is to section 7.1 of the Department of Canadian Heritage Act, which was added by Bill C-13. This provision states:

To promote a greater understanding of human rights, fundamental freedoms and related values, the Minister may take measures to provide funding to an organization, independent of the Government of Canada, responsible for administering a program whose purpose is to provide funding for test cases of national significance to be brought before the courts to clarify and assert constitutional human rights.

This is a provision referring to the human rights stream of the court challenges program. There are two streams. There's a human rights stream and an official languages stream. I could read the provision from the Official Languages Act now, if that would be helpful, which corresponds.

May 21st, 2024 / 5:10 p.m.
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Director General, Strategic Policy and International Affairs, Department of Canadian Heritage

Blair McMurren

I think it is amending Bill C-316 to reflect what is in Bill C-13.

May 21st, 2024 / 5:10 p.m.
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Director General, Strategic Policy and International Affairs, Department of Canadian Heritage

Blair McMurren

That's right. There is now a reference, further to Bill C-13.

May 21st, 2024 / 5 p.m.
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Liberal

Marc Serré Liberal Nickel Belt, ON

Thanks, Madam Chair.

What was proposed here was to make the act align with Bill C-13, and what I would like to do at the end of what Mr. Noormohamed just presented is submit a subamendment. I would ask the clerk to circulate it to all committee members.

While you're doing that, I'll just read it out if that's okay, Madam Chair.

May 21st, 2024 / 5 p.m.
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Conservative

Rachael Thomas Conservative Lethbridge, AB

Yes.

Thank you for that clarification, Mr. Noormohamed.

My question for the officials, just to piggyback on Mr. Lawrence's question, is on the language. Really, the reason for it is just to bring it into alignment with Bill C-13.

May 21st, 2024 / 4:55 p.m.
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Blair McMurren Director General, Strategic Policy and International Affairs, Department of Canadian Heritage

Thank you, Madam Chair.

I'm very happy to explain the intended effect of this amendment, which is to clarify that essentially three references to this program in Canadian law are referring to the same program. Two new provisions were created: a provision in the modernized Official Languages Act, through Bill C-13, and section 7.1 of the Department of Canadian Heritage Act. We're simply seeking to have maximum clarity that we're talking about the same program by using the same language in Bill C-316 to describe that program.

Budget Implementation Act, 2024, No. 1Government Orders

May 21st, 2024 / 4:50 p.m.
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Liberal

Salma Zahid Liberal Scarborough Centre, ON

Madam Speaker, I want to highlight that in Bill C-13 there are major investments for the French language. Within the 2024 budget, we are here to support Quebec by investing $3.4 billion to support young researchers in Canada and in Quebec, $1.28 billion to fight homelessness and $1.5 billion to protect and to expand affordable housing. These are some of the measures being taken in this to make sure there is help to support Quebec.

May 20th, 2024 / 8:15 p.m.
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Bloc

Mario Beaulieu Bloc La Pointe-de-l'Île, QC

In short, I don't consider this to be reputational damage.

We feel that Mr. Drouin went too far. I have no doubt that he is an advocate for Franco-Ontarians. But he can't say that we don't defend the francophonie. He was there, along with Mr. Serré and all the other Liberal members, when we had the clause-by-clause study of Bill C‑13. They witnessed how we defended, even more than any other party, all the positions of the francophone and Acadian communities. To say that we don't defend the French language is misinformation.

Even before becoming an MP, I supported the Montfort Hospital. My colleagues and I participated in rallies for the Université de l'Ontario français.

We're not trying to tell francophones outside Quebec what to do. I've always supported their positions. Even if sometimes I think it doesn't go far enough, that's none of my business.

What Mr. Drouin has done, in my opinion, is really show contempt—

May 20th, 2024 / 8 p.m.
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Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Thank you, Mr. Chair.

I really enjoyed hearing from my fellow member Mr. Drouin. His comments clearly illustrated the work he has done and continues to do to promote French in Canada. We need people like him to carry on the battle, which is practically never-ending. Through Bill C‑13 , we can go further in the battle and make more gains. That said, when the Official Languages Act is reviewed in 10 years, there will still be work to do.

Where I'm from, we say that people need to be soldiers to defend the cause. You have to have a backbone and be there for your people. Mr. Drouin has just clearly explained his journey up to now. Being very young, he still has a lot to offer. I am counting on him to continue the work that will have to be done.

What I want to say this evening is that I am very disappointed in the parties that are playing cheap politics.

The show's over now. You stressed the importance of respecting witnesses, but this is an attack on a person's reputation. That is where we stand today.

I am reaching out to my opposition colleagues. Some of them have been on this committee since 2015. I believe that is the case for Mr. Généreux. Some of them may have been on it even before I arrived. I am reaching out to them. It's time to move on to committee business. I understand that their respective leaders and parties are pressuring them. I get that. All parties do it. However, it takes people with principles, people with a backbone, people who take the space they need to advance French language and culture. What I'm asking them to do is take a stand within their party. It's not easy, but I encourage them to do so. They know as well as I do that this game has run its course.

My colleague from the Bloc Québécois, for whom I have a great deal of respect, mentioned the fact that the leader of the official opposition had been expelled from the House of Commons. This is our democratic institution, where the Speaker is responsible for ensuring democracy. However, the reason the leader of the official opposition was expelled from the House was that he did not apologize. He hasn't apologized, while my colleague Mr. Drouin has apologized six times so far. We need a soldier like him to support francophone communities and stop the decline of French.

We're all working toward the cause. It's time to stand up to your leaders and make them understand that you've made your point and it is now time to call off the hunt. Mr. Drouin has apologized. He is a soldier and he will continue to support the cause. That's where I stand. It's no longer about a motion or anything of the sort. Tell the truth: Your party does not want you to stop fighting. It wants you to continue the hunt, this attack on a soldier's reputation. I'm sorry, but it's time you looked in the mirror. I'm not pointing fingers at anyone in particular. It's everyone's responsibility.

I understand that it is not easy, that it can hurt and that it takes guts. That said, you were elected because you have principles. I want to appeal to your emotions. I know they're in there somewhere. I know that your leader told you to set aside your emotions and forget your dedication to the French language. He told you that it didn't matter and that you had to attack a soldier's reputation and hunt him down, even though he apologized.

However, as was mentioned earlier, when a Conservative member disrespected a minister, she apologized and everything was instantly fine. It was all over. There was no attack on her reputation, and there was no battle royal.

That's where I stand. Stop playing political games, and let's get to work. We have only a year and a half left to complete our work, including an extremely important study on the funding of post-secondary institutions, a topic that was proposed by my colleague Mr. Beaulieu. My colleague Ms. Ashton wants to talk about early childhood services, which is a crucial component of education, as education is a vital component of society.

As you know, I and a number of other people around the table want to talk about funding for school boards. In the 1990s, for the first time in Canada's history, we got the right to education in French, separate from the anglophone school boards. From that point on, we had the right to determine our own destiny.

You may be wondering why I'm talking about this. I'm actually talking about you. Stop thinking that you have to follow your party line and your leader. This is not a partisan issue. Enough with the political gamesmanship. I'm asking you to do what's right for French. You are all here to continue the battle, because, as I explained, it is always a battle. Bill C‑13 is a great tool box that will help us enormously, but we can never give up the fight.

It's time to find the strength to light your own way. Remember that you are soldiers who should support the other soldiers who are defending the cause of French in Canada. Tell your party that the war on the reputation of a soldier who has been defending this cause since he was very young, like his family, is over. How many times does a person have to apologize?

I want us to stop playing political games. I know that your leader has asked you to put forward a motion to continue to criticize a soldier and attack his reputation. I am asking all members who have influence within their party to use it. I had that experience myself when I voted against my party on Bill C‑13 on a number of occasions. I know it's not easy. Did I score any points? Probably not. Did I lose any? I don't think I did, because I stood by my principles. When a journalist asked me how I felt after voting against my party, I told him that I did not vote against my party, but rather, that I voted according to my principles.

I would like to know which soldiers on the other side are acting according to their principles. Light your own way and make decisions to support the soldiers who are defending the cause of French-speaking communities in Canada. That's all I'm asking. Rein in your motions, get out your tools and let's get to work together.

May 20th, 2024 / 7:45 p.m.
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Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

Thank you, Mr. Chair.

Since I'm the subject of this discussion, I'd like to look at my colleagues and, for the sixth time, offer my sincere apologies to the witnesses. We all run out of patience from time to time, but never in eight years have I behaved as I did on Monday, May 6.

That said, there seems to be a double standard. I invite my colleagues to look at the behaviour of other MPs on other committees or in the House of Commons who are, I imagine, judging me.

First, I know full well that the Leader of the Conservative Party has called the mayors of the two largest municipalities in Quebec, which are also the two largest francophone municipalities in North America, incompetent. What did the other side of the House say? It was radio silence.

With all due respect, the debate is no longer about my apologizing. Instead, this is fodder for petty politics. I'm well aware of that. I've been observing politics for a long time. I understand that people on the other side are frustrated. It's nothing against me personally, and I know that full well. The Bloc Québécois is nonetheless engaging in a misinformation campaign against me by saying that I don't support the francophonie.

I'll quote what the Deputy Whip of the Bloc Québécois said on Friday, May 10, the last day the House sat, “the Liberal member from Glengarry—Prescott—Russell spent his 15 minutes of fame denying the decline of French in Quebec…” Did I actually deny the decline of French? Did I actually say so publicly? I encourage my colleagues to look at what I said.

Let us recall some of the words that have been used. Mr. Beaulieu employed in particular the words “to use”. It's curious, because I clearly remember the comments made in the House on February 7, 2023, by his party's House leader, the member for La Prairie, and other comments by Mr. Beaulieu, the member for La Pointe‑de‑l'Île. When people say that we are using our disputes and various battles, I wonder who is really trying to divide francophones in the House or in communities that might have a different vision about how to defend their own language.

First, I want to quote Mr. Therrien, who said, “the Liberal member from Glengarry—Prescott—Russell said this morning: 'The smoke show led by some of my colleagues is shameful. The Island of Montreal does not have a monopoly on linguistic policy in Canada…'” Does Mr. Beaulieu truly believe that I wasn't defending the Charter of the French Language and Quebec's Bill 96 when I made the comments reported by his House leader?

I'll now quote the member for La Pointe‑de‑l'Île: “Yesterday, a Franco-Ontarian member had the courage to speak out against the appalling spectacle these members were putting on and the false information they are spreading about Bill 101.” Once again, I would dare say that, on February 7, 2023, my dear colleague didn't think that I was denying the decline of French in Quebec and elsewhere in Canada.

That's not all. I spoke earlier about the CEO of insults, Mr. Pierre Poilievre, who insulted two francophone mayors. Those comments by the leader of the official opposition resulted in no reaction on the opposite side of the House. Yet they're now demanding that I withdraw from the Standing Committee on Official Languages. I'll repeat what my dear colleague, the member for Portneuf—Jacques‑Cartier, for whom I still have a great deal of respect, said: just because it's legal, that does not make it ethical.

I think I understand why people want to talk about this today. I know full well that some Conservative MPs billed their expenses to attend partisan events. I could ask the Conservative members of the committee whether they did, but I know that's not the topic of today's discussion. We will have plenty of time to discuss that.

Earlier, I offered my apologies. My mother taught me that there were only two perfect people in the universe: my mother and God.

I also remember the teachings of my father, Yves Drouin. I'm proud to be his son. He was a founding member of the Association française des municipalities de l'Ontario, along with Jean‑Marc Lalonde and Gisèle Lalonde. Gisèle Lalonde was the person who fought for the Montfort Hospital.

This brings me to a question: Who deserves to be a member of this committee? I said some offensive things and I admit it. I've apologized, six times now. I know it was beneath me to create an environment that was disrespectful to the witnesses. I fully recognize that. I don't usually do that. Nonetheless, I want to believe that my actions carry far more weight than any words or things I may have said to someone to whom I was obstinate and disrespectful.

We all fought for the enumeration of rights holders, whether it was me, my francophone community outside Quebec, or even you, Mr. Chair. Why was the enumeration of rights holders so important? It's because we knew that some questions in the long‑form census estimated the number of rights holders, but that the courts didn't recognize that number. Now, those questions are also part of the short form. That means that every francophone outside Quebec is now counted and has legal weight in the fight for a francophone school, for example.

However, not all francophone communities have the means to take their fight to court. Some need to use the court challenges program. However, the Conservative Party opposes that program. I hope that Conservative MPs, including those on the Standing Committee on Official Languages, will have the courage to tell Mr. Poilievre that they disagree with him about the program. In the 1990s, specifically in 1998, a Franco-Ontarian community told Mike Harris and his Conservative government that they disagreed with the closure of Ontario's only French-language hospital. Personally, 19 years later, I used the services offered in French at the Montfort hospital when I had a child. Of course, it wasn't me who had the child, and for that I owe a debt of gratitude to my wife. That said, I was able to speak in French with hospital staff, and it's thanks to the people before me who fought for the French language.

Then they call me anti-francophone. Let me remind you of the whole issue of bilingual judges. Mona Fortier, who is sitting next to me, can attest to this. Even when my own government was against this measure, we stood up and said we didn't agree with them. Today, we're very proud that it was part of Bill C‑13. We stood up, even when our own government told us it didn't support the bill at that time. To achieve this, Franco-Ontarians and other francophone communities outside Quebec had to stand up. In fact, I'd like to acknowledge Mr. Samson's efforts in this regard. Mrs. Koutrakis wasn't with us at the time, but that's okay, Mr. Serré was. We all fought for it.

The fact remains that I'm being asked to apologize and that people feel I don't deserve to be a member of the Standing Committee on Official Languages. The Bloc Québécois is questioning my commitment to the francophonie, and I don't accept that. It's an attack on my integrity. But I respect it and recognize that it's petty politics.

During the debate surrounding the creation of the Université de l'Ontario français, I made an announcement that was not popular within my own community. I didn't agree with the idea that the federal government should fund 100% of the Université de l'Ontario français. Why not? Because I didn't want it to encourage the provinces to withdraw from our post-secondary institutions. Today, we have an agreement that extends over eight years instead of four. By the way, I'm not the only one who made that happen; I say that very humbly. Even two years ago, we would've had to fight for funding from provincial authorities.

If I've expressed disagreement, it's not because I'm wearing red or blue or orange or pale blue. I did it because, first and foremost, I always wear green and white. I have those colours tattooed on my heart.

I'd now like to come back to the apology being demanded of me, and the double standard that exists.

I'm being asked to apologize, but I'd like to remind the committee that there is a French-speaking community in Canada that feels hurt by comments made by the leader of the Bloc Québécois. With all due respect for Mr. Beaulieu and the MP for La Prairie, I have yet to hear someone call for their leader to apologize. Well, that's not for me to judge. Six years ago, I adopted a personal policy of not commenting on Quebec affairs, and I'll stick to that.

That said, why the double standard? Is one francophone community more important than another? My answer is no. The Quebec nation is just as important as the Franco-Ontarian community, and the Franco-Ontarian community is just as important as the Franco-Albertan community, and so on, not to mention Acadian communities which, like yours, Mr. Chair, or like that of my friend Mr. Samson, have also suffered injustices in the past.

That's where we are at.

If I may, I'd like to express a sentiment felt by francophone communities outside Quebec. I'm going to say something positive about Bloc Québécois MPs: I applaud their efforts to defend francophone communities outside Quebec. However, whenever some of their staff or columnists call us lame ducks, dead ducks, cadavres chauds, communities on life support or, as we heard recently, Cajuns who speak gibberish, the Bloc Québécois says nothing. I'd like to know why the Bloc says nothing. If we really want to unite francophone communities across Canada and francophones in Quebec, we have to listen to those who may not have the same opinion as us, but who all have an interest in defending the French language.

I've often said that, personally, I don't have the luxury of waking up in French. My wife is English-speaking; love has no language. However, every morning, I choose to speak to my son in French. My wife and I also chose to send our son to a French school. Since then, things have been going great.

It's true that I am part of the majority in my riding, but my community is part of a minority. The beauty is that more and more francophones are joining our community. Even so, we know that we need to rely on francophone immigration. For francophone communities outside Quebec, it's no longer up for debate.

I'll now come back to the apology I'm being asked to make.

I've apologized six times already. If someone wants to table a motion asking me to walk barefoot to the Vatican and be whipped, I'll do it. However, I don't accept people saying that I'm not defending the francophonie, because that's an attack on my integrity. It's an attack not only on my integrity, but also on that of the Drouins who preceded me. Incidentally, my ancestors arrived on Île d'Orléans in 1634.

I know that some members opposite don't really enjoy listening to long speeches. I'd like to remind you that we all make mistakes. I made a mistake and I've admitted it. In fact, I admitted my mistake immediately and, less than a second later, withdrew my comments.

This has never been my typical behaviour, unlike Mrs. Thomas, for example, who constantly insults other MPs or witnesses, including Minister St‑Onge, as my colleague Mr. Serré mentioned. I would also remind the committee that the Conservative leader didn't listen to the Speaker of the House of Commons at all. The Speaker asked him to withdraw his words not once, not twice, not three times, but four times, and he never did. So who is disrespecting our parliamentary institution? That's the fundamental question.

I don't want to talk endlessly, because I know it's after 8 p.m., but I'd like to remind the committee of one thing: the little Cajun who speaks gibberish in Ontario, well, his family has been speaking gibberish in Ontario for ages, and families have been speaking gibberish in Ontario and speaking Cajun for ages too. It's extremely insulting to be called that. It's extremely insulting to be called dead ducks.

I'm reaching out to my colleagues. I'll even salute the Legault government, which has repeatedly indicated its willingness to work together to promote Canada's francophonie. I'd also like to salute my own government, which not only passed a bill to support the Canadian francophonie and defend the official languages, but also earmarked an investment of $4.1 billion over five years for that purpose.

I remember that the last Conservative government, of which the current Conservative Party leader was a cabinet member, froze funding for 10 years. I don't need to do the math to you to explain that, with 10 years of inflation, that hurt official language minority communities.

I recognize what my colleagues are trying to do. I salute them and I still respect them. They're not making it personal, it's petty politics, I understand that full well. However, they're talking out of both sides of their mouth when it comes to what I'm saying and what some of their colleagues in their own caucus are saying.

May 9th, 2024 / 9:35 a.m.
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Liberal

The Chair Liberal René Arseneault

Mr. Samson, I know that I have been fairly permissive in terms of the content of the debate, but I would ask you to come back to the subject at hand. Earlier, you made a connection with the apology from the member for Glengarry—Prescott—Russell, then you came back to Bill C‑13, and so on. I understand that. I know I'm permissive, and we've had this discussion at other times with other members, but my job right now is to make sure that the debate is relevant to the topic at hand.

I understand that, when you started talking, you made the connection with the apology that is being called for. I don't remember exactly what words you used, but you said that the member had already apologized four times. That said, the debate is currently on Mr. Généreux's amendment.

I would remind you of the content of this amendment. I invite you to refer to the documents, as it's easy to get lost in them. We are discussing points e), f), g) and h), which call for the member to be removed from this committee, his immediate resignation as chair of the Canadian branch of the Assemblée parlementaire de la Francophonie and his resignation as international chair of the Assemblée parlementaire de la Francophonie, in addition to requesting that this incident be reported to the House of Commons.

I'm still listening to you, Mr. Samson, but your comments must be on that topic.

May 9th, 2024 / 9:30 a.m.
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Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Mr. Chair, I am in the process of explaining this point to you further. It's very clear.

As I explained, Mr. Drouin already apologized before the motion was even moved. So there was no reason to move this motion.

We're here to deal with the issue under consideration. Mr. Drouin's comments, for which he has already apologized, were related to this committee study.

So I'm trying to clearly explain to the people who are with us and to those who are listening to us the importance of the study. If we are unable to draw conclusions from this study, we will have wasted a year.

I would remind you that the minister was with us today precisely to answer questions that were raised by witnesses—either by the witnesses who were here on Monday or other witnesses who have appeared over the past three or four months. These people made suggestions that I found extremely worthwhile. One of those recommendations was to create a structure that would enable experts to find mechanisms through which the federal government could grant funding directly to universities.

I used to be the executive director of a school board, so I know what it's like to work with Canadian Heritage and the government to receive funding for certain purposes. If we don't have the funds to fulfill our commitments, we can't enforce the rights granted by the Canadian Charter of Rights and Freedoms. At the end of the day, the responsibility of a school board administrator is to provide quality education, but without the funding to do so, they cannot fulfill the mandate they were given.

So I repeat that this study is important. When will we be able to continue it? I'm not sure right now. I am concerned about this decision to waste an hour with the minister, who could have given us more food for thought. It's even worse when you consider that the department's team is here today and could give us more food for thought. These people played an extremely important role during the study of Bill C‑13. The beauty of modernizing the Official Languages Act is really that, now that we've established new rules of the game to better fulfill our responsibilities to the communities, topics will rise to the surface. One of those topics is the lack of funding for francophone universities in Canada. Once again, I want to congratulate Mr. Beaulieu for having the wisdom to bring this topic of discussion to the committee.

Why have these universities been relying on international students? It's to fill in the holes in their funding. We recognize that not all provinces are as open to the idea of supporting and providing education in French, but I can talk about Nova Scotia. Still, in Nova Scotia, we had good relations.

May 6th, 2024 / 5:15 p.m.
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Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

May I remind you that I was the ardent Ontario defender of the Charter of the French Language in Quebec.

Mr. Beaulieu, I welcome your comments. I'm very respectful of Quebec, I have family there. I respect the French fact. I also respect the fact that we live in a French-speaking minority throughout Canada and North America. On the other hand, I'm not prepared to listen to rhetoric that doesn't lead anywhere. That's my problem. The fact that we have English-speaking universities in Montreal and that, because we have English-speaking universities, we say that all anglicization comes from a university, that's a false debate.

We have to look at the reality of things, we have to have a debate that is true, and the real debate is that our young people are now using virtual platforms, to which neither Quebec's Bill 96 nor Canada's Bill C‑13 apply.

Mr. Lacroix, as an academic, and Mr. Bourdon, as a representative of a post-secondary institution, what are you doing to promote French learning on these virtual platforms? That's my question.

May 6th, 2024 / 4:10 p.m.
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Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

We did a study on Bill C‑13, which is toothless, if you ask me. Do you think the new Official Languages Act contains the necessary tools to improve post-secondary education in Canada for official language minority communities?

April 30th, 2024 / 4:25 p.m.
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Guillaume Rousseau Law Professor, As an Individual

Good afternoon.

Thank you for inviting me to talk to you about some of my language law research and, of course, my analysis of Bill C-316.

I often recall that in language law, there are two basic major models or principles: the principle of personality and the principle of territoriality. I am going to provide a brief overview of this issue before addressing the bill.

The principle of personality is simple. It offers individuals the freedom to choose among multiple languages for official use. This is the situation with official bilingualism or multilingualism. On the other hand, under the principle of territoriality, a single language is mandated, a single official language: the language of the majority.

A review of the scientific literature clearly shows that the territoriality model is really the only one that is able to enhance the vitality of a vulnerable minority language. The best example is the case of Canada, which is based on linguistic personality. The percentage who are francophone fell from 27.5% to approximately 22% between 1971 and 2021. In Switzerland, on the other hand, the francophone percentage rose from 18.4% to 22.9% between 1970 and 2017.

The reason I am telling you this is as follows. During the 1960s and 1970s, when there was a decline in French in Quebec, the Charter of the French Language and its territorial approach meant that a single official language was adopted. As a result, French made progress in the late 1970s and during the 1980s. After that, however, there came several judgments that had the effect of limiting the effect of the Charter of the French Language, which is also known as “Bill 101”, and striking it down in part. Since then, French has declined.

Why have there been so many judgments against the Charter of the French Language? As Prof. Brodie was saying, the Court Challenges Program was used to fund cases that led to judgments that struck down whole segments of the Charter of the French Language. This ultimately contributed to the decline of French.

I therefore propose that Bill C-13 be amended so that the program can no longer be used to challenge the Charter of the French Language and reverse the progress made by French. That would be logical. The 2021 white paper entitled English and French: Towards a substantive equality of official languages in Canada proposed that the federal government support French in the other provinces, as it has long done, and also support it in Quebec, rather than hurting it by funding challenges to the Charter of the French Language, for example. The amendment would be to that effect.

We could even go further to remedy this historic error. Funding challenges to Bill 101 like these was ultimately a historic error, so we might go further by proposing that actions in support of Bill 101 be funded, and this would help individuals who wanted to assert their language rights as provided in sections 2 to 6.2 of the Charter of the French Language. These are fundamental language rights. Obtaining federal funds to move forward would truly be a good thing, especially given that since 2022, with the new Charter of the French Language, fundamental language rights are now enforceable.

People really may bring proceedings to fill the gaps in the specific rules in Bill 101. I always offer the following example. Consumers of goods have the right to be served in French. In certain clothing stores in Quebec, however, the signs advertising clothing, particularly for children, are in English. No clothing is advertised in French. Could the right to be served in French, this fundamental language right of consumers, mean that clothing must always be advertised in French? We do not know, but it would be worth considering an action on that point being funded by the Court Challenges Program.

The purpose of this amendment would be so that someone could not challenge provincial legislation and certain groups of people would be able to use program funds to assert the language rights provided by provincial legislation, in particular the Charter of the French Language. The same logic should apply to Quebec's Act respecting the laicity of the State. Rather than challenging it and repeating the historic error surrounding Bill 101, the fund could be used to put into effect the right to secular public services provided by that law. That would really be preferable. It is what the amendments mean, fundamentally.

In addition, there are improvements to be made regarding governance. I found what Prof. Brodie proposed very interesting, in particular that various political parties nominate people to sit on the board that manages how funding is awarded.

We also think that if there could be even more Quebeckers—