Canadian Heritage committee  Thank you.

Canadian Heritage committee  I think it is not a bad idea to include experts, including experts from academia, but that does not mean there cannot also be parliamentarians. It is not really a bad idea for there to be a parliamentary process upstream of the experts being appointed. At the National Assembly of Quebec, there are often appointments approved by a qualified majority, that is, two thirds of the parliamentarians, which means that it very often cuts across party lines.

Canadian Heritage committee  Yes, I think that really would be justified. The bill as it now stands talks about an overview of the cases, and that is much too minimal. In my opinion, the professional privilege argument is limited, because no one is obliged to take the money. There are conditions attached to the money.

Canadian Heritage committee  Good afternoon. Thank you for the question. We know that the program really has been used several times, and unfortunately with success, to challenge the Charter of the French Language, which, as you know, is one of Quebec's most important laws when it comes to defending its distinctive character.

Canadian Heritage committee  Right. We think that if there could be more Quebeckers, representatives of the Government of Quebec, that would be a very good thing. As a final point, regarding transparency, once again, I support the proposals made by Prof. Brodie. I think that section 5.1 should go much further.

Canadian Heritage committee  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.

Official Languages committee  You're right that francophone immigration plays an extremely important role. In fact, the Quebec government is aiming to increase the percentage of francophone immigrants. At the same time, it ties in with what I said earlier. I may have been referring to the other provinces when I said it, but it also holds true for Quebec, albeit to a lesser extent.

Official Languages committee  What I would say is that francophone immigration can help slow the decline of French, but as long as francophones are being anglicized, francophone immigrants will be affected—it's inevitable. Yes, francophone immigration will slow the decline of French, but if you want to stop—not just slow—that decline, you have to target more than just francophone immigration.

Official Languages committee  I'm glad you mentioned that I've appeared before the committee before. The questions I was asked by the committee previously prompted me to provide more clarity on where I stand—or at least, I tried to. I really see this as a meaningful and productive exercise. The last time I was before the committee, I did indeed discuss the approach based on territoriality.

Official Languages committee  You certainly raise an interesting point. It's always important to be clear when discussing the right to self-determination. On one hand is the right to external self-determination, which is basically akin to secession. On the other is the right to internal self-determination, the exercise of governance, say, by a people in control of a federated state.

Official Languages committee  Federal-provincial agreements, which you discussed earlier with Mr. Théberge, are really important. Having said that, I think asymmetry is the right approach. Yes, it's important that the federal government step in and that there be language clauses in the agreements between the federal government and the other provinces, particularly with respect to access to child care services in French.

Official Languages committee  We must never lose sight of the fact that the federal Official Languages Act regime is based more on the personality principle, which doesn't ensure the survival of a vulnerable language like French. In contrast, the Quebec regime is based more on the territoriality principle. The more the federal government does, insofar as it follows the personality principle, and the less room it makes for the Quebec regime that's based on the territoriality principle, the more French will necessarily be undermined.

Official Languages committee  As a jurist, and especially as a civilist, I definitely prefer it when things are well codified, the rules are clear and judges are given a little less leeway. As a result, I would tend to be even more specific and even more demanding where immigration policy is concerned. While the judiciary has done some work for francophones in other provinces, unfortunately Quebec case law has tended to be less supportive of protecting French.

Official Languages committee  I admit, I don't have it before me.

Official Languages committee  Thank you for the question. Generally speaking, I'm pretty much in favour of having more things in the act, because it allows for broader democratic debate, consultation and so forth. I see the flexibility that comes with passing regulations, but Bill C‑13 clearly places some aspects under regulatory authority when they are going to be governed by law instead, like the Charter of the French Language.