Official Languages Committee on Oct. 28th, 2014

[The Chair, Conservative, Michael Chong]

Welcome to the Standing Committee on Official Languages. This is Tuesday, October 28, 2014, this is our 31st hearing, and it is televised.

Pursuant to Standing Order 108, we are here to discuss the 2013-2014 Annual Report of the Commissioner of Official Languages, Mr. Fraser. His report was referred to the committee on Tuesday, October 7, 2014.

Before hearing Mr. Fraser, I am going to give the floor to Mr. Godin, who wishes to table some notices of motions.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Thank you very much, Mr. Chair.

I would like to table four notices of motion.

Here is the first:

That the committee invite the Minister of Citizenship and Immigration to appear before the end of December 2014 to discuss francophone immigration and all the initiatives taken by his department to respect part VII of the Official Languages Act, during a two-hour televised session.

The second notice of motion reads as follows:

That the committee invite the Minister of Defence before the end of December 2014 to discuss respect for official languages in the Canadian Forces, during a two-hour televised session.

The third notice of motion reads as follows:

That the Committee invite the Minister of Canadian Heritage and Official languages before the end of December 2014 to discuss the implementation of the Roadmap and to answer concerns expressed by stakeholders over the management of the Roadmap during a two-hour televised meeting.

And the fourth one is:

That the committee invite the minister of Public Works before December 2014 to discuss all initiatives taken by Public Works to respect the Official Languages Act in the context of minority media during a two-hour televised session.

Thank you, Mr. Chair.

[The Chair, Conservative, Michael Chong]

Thank you, Mr. Godin.

Before I give the floor to Mr. Fraser, I just want to pass along our committee’s best wishes to Monsieur Giguère, who I understand has retired. If you could pass along our best wishes to him on whatever he goes forward with, on behalf of the committee, that would be appreciated.

Mr. Fraser, you have the floor.

[Graham Fraser, Commissioner of Official Languages, Office of the Commissioner of Official Languages]

Thank you very much, Mr. Chair.

Before I begin reading my text, I would like to say how moved I am to be in Parliament after last week's events. I am very happy to see all of you here again.

It was a terrible event, and you've gone through a traumatic experience. I think all Canadians are particularly appreciative of the courage that was displayed by all the security forces during this terrible event.

Mr. Chair and members of the Standing Committee on Official Languages, good afternoon.

I'm accompanied today by Johane Tremblay, general counsel; Ghislaine Saikaley, assistant commissioner, compliance assurance; and Mary Donaghy, assistant commissioner of policy and communications.

Thank you for having come to the presentation of my 2013-2014 report. This is my eighth annual report.

This year, the report focuses on my role as language rights ombudsman. It describes some of the conclusions my office has drawn, using the tools at our disposal, in order to bring about changes in federal institutions. These tools include investigations and the analysis of admissible complaints; audits, including one that focused on accountability and official languages; report cards; and legal proceedings.

It discusses complaints that we received following the federal government's deficit reduction action plan. The annual report describes some of the 23 complaints that were directly related to the government's 2012 deficit reduction action plan. Most of these complaints were deemed founded.

While the issues involved were very different, I was able to reach a general conclusion: success requires planning, and planning requires leadership. When we see failure in an institution, it's often due to a lack of planning, and that is frequently due to a lack of leadership.

I continue to use the example of the federal government's decision to close the Marine Rescue Sub-Centre in Quebec City, which was discussed in last year's annual report. Following a thorough investigation, it became clear — to my office as well as to the Canadian Coast Guard and National Defence — that ships in distress on the St. Lawrence River and in the Gulf of St. Lawrence would not be able to obtain immediate service in French from search and rescue centres in Trenton and Halifax.

The closing was first delayed until emergency service could be guaranteed at all times. Then in January 2014, the government announced that the marine rescue sub-centre would not be closed.

The findings of this investigation are representative of the lack of adequate planning that we often notice amongst the hundreds of complaints that we process each year. Year in and year out, three out of four complaints we receive are worthy of investigation. Before they act, federal institutions need to think carefully about the possible negative consequences of their actions on official-language communities, the service they provide to the public, and their employees' ability to work in the official language of their choice.

This annual report shows how our investigations often lead to positive results. After receiving our investigation reports, many institutions are willing to consider other solutions and sometimes even reverse their decisions.

Sometimes institutions do not follow my recommendations, either because they are unwilling to do so or because they are misinterpreting their language obligations. This is the case with Fisheries and Oceans Canada, which recently confirmed that it was closing its library in Mont-Joli, Quebec, despite the fact that in my investigation report, I recommended that it reconsider its decision in light of its obligations under part VII of the act.

My office is currently reviewing the response that we received last week about my recommendation, and I've requested a meeting with the deputy minister of Fisheries and Oceans, Mr. Matthew King.

The compliance function is an extremely useful tool for achieving change and ensuring that institutions meet their obligations.

I act in a proactive manner when it comes to audits and dealings with institutions subject to the act. But the 476 complaints received last year are also one of many ways for citizens to draw attention to an issue that touches them personally. It is important for Canadians to see that filing a complaint often leads to concrete results that serve the public interest.

For example, this was the case with a complaint about the Canada Media Fund, whose programs were biased unfairly against Quebec's English-speaking communities. A new program was put in place in response to my recommendation.

My annual report gives other examples of complaints that are getting results. Following an investigation, I recommended the Public Health Agency of Canada put measures in place so that Nova Scotia's francophone community could receive services in French from organizations that provide services as part of the community action program for children.

Success in discharging language obligations is linked to planning. Investigations, audits and report cards are all important tools that encourage institutions to make changes and respect their official languages obligations.

Investigations can have a significant impact. The investigation that followed numerous complaints about the opening ceremony of the Vancouver Olympic Winter Games is a good example. It prompted my office to publish a practical guide for organizers of major sporting events in order to help them address official languages issues.

The guide helped organizers of the 2013 Canada Summer Games in Sherbrooke, Quebec deliver an exemplary event with respect to official languages. By taking English and French into consideration at every stage of the process, the Sherbrooke games became a model for other host communities.

The guide also served as a template in the development of a similar publication, this time geared toward organizers of events that will commemorate the 150th anniversary of Confederation in 2017. Using the new guide, organizers will be able to ensure that linguistic duality is an integral part of the 150th anniversary celebrations.

This year, one of my two recommendations concerns the preparations for the 150th anniversary of Confederation. The festivities in 2017 will provide a unique opportunity to show Canadians and the rest of the world that, a century and a half after Confederation, linguistic duality continues to be one of the pillars of Canada's identity.

I therefore recommend that the Minister of Canadian Heritage and Official Languages provide leadership by encouraging federal institutions to take linguistic duality into account when planning their activities for Canada's 150th anniversary celebrations.

When it comes to respecting official languages, success is no accident. Successful institutions plan their actions, consult with communities, and evaluate their progress. This is possible only if managers, new employees, and human resources specialists fully understand their institution's official languages obligations, particularly with respect to establishing the linguistic profiles of positions.

Official languages training would be more effective if it were routinely provided to all federal public servants early in their careers. As soon as they enter the public service, federal employees need to be made aware of the importance of official languages in providing services to Canadians and for the internal functioning of the government.

My other recommendation is addressed to the President of Treasury Board. I recommend that he ensure that the Treasury Board of Canada's Secretariat and the Canada School of Public Service review and enhance any training on responsibilities related to official languages for new public servants and for new managers and the human resources specialists who advise them.

The 2013-2014 annual report is available on the Office of the Commissioner of Official Languages' website. I encourage everyone to join the online discussion through our Facebook page and our Twitter feed in both our official languages, of course.

Thank you for your attention. I'd now like to take the remaining time to answer any questions you may have.

[The Chair, Conservative, Michael Chong]

Thank you, Mr. Fraser.

We have one hour and forty-five minutes for questions and comments. We will have a five-minute break at noon.

Mr. Godin, you have the floor.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Thank you, Mr. Chair.

Greetings to the commissioner and the officials who are with him today.

Mr. Fraser, thank you for your good words about last week's incident. I would not want anyone else to go through that, ever, in a country of democracy and freedom such as our own. However, now the work must go on. As someone was saying on television, when you fall off your bicycle, you get back on and you keep going. So today, we are going to continue to do our work.

A few weeks ago, at a press conference about your report, you said that the preliminary investigation was final, but that you had nevertheless recommended to the Department of Fisheries and Oceans that they reverse their decision to close the Maurice-Lamontagne Institute. You said so openly and publicly.

What follow-up measures do you intend to take on that? Do you intend to take legal action?

[Graham Fraser]

I must first of all say that I was disappointed by that decision, which I found premature. A meeting had been scheduled with the deputy minister to discuss the decision. I received a letter after the decision was announced. I continue to think that the department's position shows a lack of understanding of the obligations set out in part VII of the Act. According to that department, services will continue to be offered in both languages.

When two institutions that serve the scientific French-speaking community are closed, while English language institutions and libraries remain open, it is obvious that the equal status of both official languages is not being respected. These are not actions that are in compliance with part VII of the Act.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Mr. Commissioner, let's get to the heart of the issue, since we don't have much time. Minutes count, here.

You are telling us that you met with representatives of Fisheries and Oceans Canada.

[Graham Fraser]

I did not meet with representatives of that department. I had an appointment with them and I expected to discuss what I considered a lack of understanding on their part. In fact, they announced their decision before they even met with me.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Very well, that's clear. You had an appointment with them, but they had already made their decision.

Does that not show a lack of respect toward official languages and the commissioner of official languages, especially since they knew you were investigating?

Air Canada also shows a great lack of respect for official languages. You have said that Air Canada is the body that breaches the Official Languages Act the most. We learned this morning of the Supreme Court ruling, wherein the court says that there have been too many excuses and that it is beginning to be concerned by the fact that the government or the institutions subject to the Official Languages Act only seem to have to say “I'm sorry, I don't speak French”. That is almost the situation.

You are the right person to talk to us about this “I'm sorry”. The Conservative government is showing a lack of respect toward you, Mr. Commissioner, who are an officer of Parliament and the watchdog of official languages in Canada. Under the law, you report to Parliament, and not to the government. There is a blatant lack of respect at this time.

[Graham Fraser]

As I already said, I was very disappointed. I have an appointment with the deputy minister, even though the decision has already been announced.

To your first question on legal recourse or other reactions, we are in the process of evaluating the position expressed by the department in the letter we received last week. We will do the same following the meeting scheduled with the deputy minister.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Mr. Commissioner, with all due respect, I must again ask you the following question, which was put to you at the press conference.

You were asked whether the government's cuts had meant a loss of ground for bilingualism, and you answered “not necessarily”.

Is your answer the same today? Is that what you are telling us?

[Graham Fraser]

No, not at all. What I am saying is that I am not ready to share with you the measures I am willing to take in the Fisheries and Oceans file.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Commissioner, that is not my question.

[Graham Fraser]

Closing down the only two Fisheries and Oceans institutions that were serving the French-speaking scientific community is a step backwards, that is clear.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Mr. Chair, the commissioner was asked whether the government cuts translated into a loss of ground for bilingualism. That is the question that was put to him. His reply was “not necessarily”.

However, the Maurice-Lamontagne Institute in Mont-Joli is now closed. As you yourself specified, the Moncton institute has also closed its doors. These were the only two institutes in a francophone area. The Cooperative Development Program was also eliminated; the H.J. Michaud Research Farm was also closed, in New Brunswick; that was another francophone undertaking; then there was the closure of the French-language Moncton scientific library, and that of Mont-Joli; and the cut to the Destination Canada budget, and the list goes on.

Let's not forget the first question. I want to know whether the government cuts in those cases caused some backsliding.

[The Chair, Conservative, Michael Chong]

Thank you, Mr. Godin and Mr. Fraser.

[Graham Fraser]

In all of the cases you mentioned, of course we lost ground.

[Yvon Godin, NDP, Acadie—Bathurst, NB]

Thank you.

[The Chair, Conservative, Michael Chong]

Thank you, Mr. Fraser.

Mr. Gourde, you have the floor.

[Jacques Gourde, Conservative, Lotbinière—Chutes-de-la-Chaudière, QC]

Thank you, Mr. Chair.

Mr. Fraser, thank you for your kind remarks. We are also happy to see you again.

There are two or three paragraphs on the 2017 festivities in your brief. You also mentioned the guide you prepared following the Vancouver Olympic Games. You spoke as well about the Canada Games in Sherbrooke.

Did people draw inspiration from the guide, or did you prepare it in cooperation with them? That part was not clear for me.

[Graham Fraser]

Excuse me, but I did not hear the last part of your question.

[Jacques Gourde, Conservative, Lotbinière—Chutes-de-la-Chaudière, QC]

Did the organizers of the Sherbrooke games have the guide prepared by the office of the commissioner in their possession, or did these things happen simultaneously?

[Graham Fraser]

They had the guide prepared by the office of the commissioner for those who organize sports events. They said that they found the guide extremely helpful. Some Sport Canada representatives I met very recently in the context of the lead-up to the Prince George Winter Games in British Columbia said that they had integrated our suggestions into the preparation of those games. I also met with organizers from the host city, Prince George, and was impressed to see to what extent they had integrated the content of the guide into their proceedings.

[Jacques Gourde, Conservative, Lotbinière—Chutes-de-la-Chaudière, QC]

What are the strong points of that guide?

What are the points that any event organizer should focus on carefully, either for the 2017 celebrations or any other Canadian event?