Mr. Speaker, it is a pleasure to speak in the House today to Bill S-3, an act to amend the Official Languages Act. Before commenting on the bill, it would be a privilege to make a few comments about the author of the legislation, the retired senator, Jean-Robert Gauthier.
The hon. Senator Gauthier has worked tirelessly as a defender on behalf of the francophone cause in order to permanently eliminate injustices and ensure a high level of equality between the two official languages in our country. On behalf of the House, I sincerely thank Senator Gauthier and wish him many more years of happiness and health in his retirement.
In reference to Bill S-3, it has two important components. One is the unconditional commitment of the federal government to enhance the expansion of francophone and English minorities and endorse their evolution. It is also to promote full recognition of the usage of French and English in our society by respecting the jurisdiction and powers of the provinces.
Second, clause 77 reads:
Any person who has made a complaint to the Commissioner in respect of a right or duty under sections 4 to 7, sections 10 to 13 or Part IV, V or VII, or in respect of section 91, may apply to the Court for a remedy under this Part.
The essence of the bill is to reinforce its executory character and non-declamatory obligations that lie with the Canadian government in reference to part VII of the act on official languages.
For several years, the Government of Canada has had an act on official languages in order to rectify injustices affecting the French and English communities. However the problem has always been, and continues to be, that the government does not recognize the executory character of its obligations concerning section 41 of the act on official languages. We have to ensure that once and for all the government is accountable to its obligations in this matter.
The Commissioner of Official Languages has requested that we address part VII and clarify its imperative character and the federal government's commitment.
The problems that are encountered by federal institutions are that bilingual services in the public service are lacking when serving the Canadian population and francophone organizations have to deal with federal public servants.
The development of minority communities has taken a step backward. Bill S-3 is the fourth bill after Bill S-4 in 2004, Bill S-32 in 2001 and Bill S-11 in 2003. In order to give more substance to the official languages bill, Bill S-3 must be adopted once and for all.
The following is agood example of why the House should support the bill. The Supreme Court agreed on February 17, 2005, to hear an appeal launched by the Forum des maires de la péninsule acadienne and la Société des Acadiens et Acadiennes du Nouveau-Brunswick.
I am speaking here today particularly on behalf of our caucus member from New Brunswick who is not able to be here but feels very passionately about the bill.
The appeal has to do with the transfer of the four inspectors of the Canadian Food Inspection Agency from Shippagan, New Brunswick to Shediac, New Brunswick. In 2003 the Federal Court in the final analysis ruled to cancel the agency decision and ordered the reinstatement of the four positions of inspectors to the Shippagan office with services in French. However, CFIA appealed that decision to the Federal Court of Appeal which reversed the decision of the Federal Court concerning part VII of the Official Languages Act. The Court of Appeal adopted a restrictive interpretation concerning part VII of the Official Languages Act.
Once more, francophones living in a minority situation were forced to go to the courts to have their rights recognized.
The bill would give more stability to the act in the long term and would eliminate court challenges. It goes on to say that not only services must be offered in both official languages in the region, but also that there is an obligation to promote both official languages by the federal government and this cannot be just an empty promise.
The Liberal government has always maintained to recognize the executory character of the law on official languages which would bring forth too many cases in front of the court and it wants to avoid this. There is a need for political willingness. The Senate has understood the urgency of the bill and that is the reason it adopted Bill S-3 on October 26, 2004. It is now the turn of the House of Commons to do the same.
The Standing Committee on Official Languages is mindful of the fact that the implementation of the bill shall be carried out while respecting the jurisdiction and powers of the provinces.
The intent of the bill is not to convey the impression of converting French people to English or English to French.
I can understand that one of the opposition parties, the Bloc Québécois, does not endorse the bill. However, this is a matter of federal jurisdiction as it has to do with federal institutions. The Bloc Québécois has to respect the federal jurisdiction in the manner in which the federal government has to respect provincial jurisdiction.
All the minorities are to be treated with equality and with the same dignity.
The NDP favours linguistic diversity and the development of minority communities concerning official languages. The NDP strongly encourages members of the House to support Bill S-3 with the amendments proposed by the Standing Committee on Official Languages in order that minorities be able to benefit and enjoy the same linguistic opportunities as the rest of Canada.
I thank the work of the House, the Standing Committee on Official Languages and Senator Gauthier on Bill S-3.