Bill C-482 (Historical)

An Act to amend the Official Languages Act (Charter of the French Language) and to make consequential amendments to other Acts

This enactment requires the Government of Canada to undertake not to obstruct the application of the Charter of the French Language in Quebec.

Official Languages Act

[Pauline Picard, Bloc, Drummond, QC]

moved that Bill C-482, An Act to amend the Official Languages Act (Charter of the French Language) and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Mr. Speaker, I am very pleased to rise again to speak to Bill C-482. I would like to explain what Bill C-482 sets out to amend. First, it would amend the Official Languages Act to recognize French as the official language and the common language in Quebec. Therefore, the federal government would be required not to obstruct the application of the Charter of the French Language within Quebec.

As I begin my speech, I would like to review the elements that led to the creation of Bill C-482.

The starting point was the decision by the House of Commons to recognize Quebec as a nation more than 140 years after Canada became a country.

The Quebec nation existed long before it was recognized. There has been consensus on that for some time now. The fact of the Quebec nation has transcended eras, political parties and debates. In 2003, well before the House of Commons finally decided to recognize it, Quebec's elected representatives in the National Assembly unanimously reiterated the fact that the Quebec people form a nation.

Long ago, the province of Quebec designated the place where elected representatives would sit as part of the National Assembly. The city in which the assembly sits has been given the noble and evocative title of “national capital”. The House of Commons' recognition of the Quebec nation, though slow in coming, was simply to be expected.

The decision to recognize a nation has consequences. Recognizing a nation means recognizing its institutions, its emblems, its traditions, its history, its territory, its culture and, inevitably, its language. The people of Quebec are well aware of this. They saw their government recognize first nations, a step that resulted in the signature of a historic agreement known as the Peace of the Braves.

Recognizing the Quebec nation means also recognizing the predominance of the French language. That predominance is ensured in Quebec by a piece of legislation, Bill 101, which makes French the official language throughout Quebec, except as concerns the federal government, which has two official languages. What we are asking the federal government is to be consistent in its decision making. After recognizing the Quebec nation, it is only natural that it should recognize and abide by the Charter of the French Language in Quebec in the Official Languages Act and comply with the spirit of the charter in regard to the language of signage and of work in related legislation.

Some people will say that such an arrangement is impossible. The question is whether Canada is the only country in the world to face such a situation. The answer is no.

Long before us, democracies such as Spain and the United Kingdom proved that it is possible to successfully combine multiple nations within a state. To do so, they relied on creative solutions that respected the coexistence of the national communities within and equipped themselves with the tools they needed to manage the areas where those communities differ.

No later than November 2006, Quebec's Minister for Canadian Intergovernmental Affairs delivered a speech on the subject of the Quebec nation in which he stated:

Quebec and Canada can learn from these experiences in other countries and find unique solutions adapted to their reality. These examples also demonstrate that, far from being a thing of the past, Quebec's desire to be recognized as a nation within Canada is more current than ever. Its legitimacy and feasibility are confirmed by the developments we have seen in other federations or quasi-federations. By respecting and recognizing sociological and political differences instead of denying them, and by translating them into special rights within their political system, these democracies avoided any futile or counterproductive social conflicts.

We must be creative in our pursuit of recognition. We must stop denying the complex character of our society and our national identities, and stop placing them in artificial categories. The reality of those countries experimenting with multi-nation states is just as complex as that of Quebec and Canada. We must not be tempted to abandon the debate, simply because it is a complex question, on the contrary.

Let us remember that those words did not come from an elected member working on Quebec's sovereignty; they came from a minister of a federalist government in Quebec City.

We find that Bill C-482 constitutes an original response that is adapted to the reality of Quebec and Canada. Recognizing the specificity of Quebec is not a whim; it is an overriding duty.

I want to remind hon. members that the Bloc Québécois bill is nothing new. The specific mention of provincial legislation in the text of federal legislation is possible and even common. We are talking about statutory reference. In other words, the government recognizes the provisions of another Canadian legislative assembly.

Take for example the Canada Labour Code, which sets the federal minimum wage according to provincial minimum wages. Section 178 states:

Except as otherwise provided by or under this Division, an employer shall pay to each employee a wage at a rate:

(a) not less than the minimum hourly rate fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience.

The Canada Labour Code is subject to amendment within the framework of this bill.

Federal or federally regulated companies are not affected by the Charter of the French Language, particularly insofar as the language of work is concerned. For example, interprovincial transportation companies, maritime transport and ports, air transport and airports, broadcasting, telecommunications, banks and certain companies declared by the Parliament of Canada to be for the general advantage of Canada are exempt. Some of these companies choose to abide by the charter, but it is all entirely voluntary.

An estimated 200,000 Quebeckers work under the Canada Labour Code, or more or less 7% of workers in Quebec.

The amendment to Part I of the Canada Labour Code states that federal companies are subject to the Charter of the French Language when they operate in Quebec. This responds to the request made in 2001 in the Larose report:

The francization of the workplace in Quebec also concerns the workplace of the federal government and workplaces under federal jurisdiction. That is why the Government of Canada should take the necessary measures to ensure that these workplaces respect language legislation when they are in Quebec.

This amendment does away with the legal void whereby federal work, undertaking or business can ignore the Charter of the French Language as concerns language of work. It is, however, important to note that many federal businesses decide on their own to commit to Quebec's Office de la langue française's program of francisation.

But what about those that decide to circumvent Bill 101? The response is distressing. Federal companies and companies under federal charter failing to comply with Bill 101 do so with impunity. Since 2000, 147 files have been closed at the Office de la langue française in Quebec. Its hands were tied because the companies were under federal jurisdiction. This figure includes only files arising from complaints. If no one complains, there is no file. So we can assume the number of delinquent businesses is greater.

This is taking place as a number of studies on the state of French in Quebec are being released. According to 2006 census figures, French has lost ground right across Canada, and in Quebec as well, even though more immigrants than ever speak French at home.

While the number of people with French as their mother tongue increased between 2001 and 2006, from 5.33 million to 6.29 million, their relative importance decreased, and they now represent only 22.1% of the population. This is from Statistics Canada. The figure was 22.9% in 2001 and 26.1% in 1971.

As regards the language used predominantly at home, the proportion of French is declining consistently, dropping from 26% in 1971 to 21% in 2006. The proportion of English rose in 2006 to the figure it stood at in 1971, of 67%. This figure reached 69% in 1986, shortly before the strong influx of immigrants speaking other languages. In the light of these figures, we cannot sit idle. Quebeckers, it is true, must do their part to change things.

I congratulate the leader of the Parti québécois on her courage in introducing a bill in the National Assembly on Quebec identity. The media made a great deal about it. This bill, to its credit, dares to look the facts in the face. It proposes better teaching of French to ensure the quality of French written and spoken in Quebec and promotes an understanding of Quebec's history, a mastery of spoken and written French and the enhancement of Quebec culture.

The bill on Quebec identity aims to help Quebec express its identity, through the passage of legislative provisions to ensure the preeminence of the French language as the language of work and economic activities and education in Quebec. Legislation will be passed to ensure the quality of written and spoken French in Quebec. I am proud to recognize and pay tribute to this initiative.

Bill C-482 will require the federal government to recognize the Charter of the French Language within Quebec and extend its application to businesses under federal jurisdiction.

An amendment to the Official Languages Act is needed to eliminate all ambiguity. It must be clear in the act that French is the official language of Quebec. We therefore consider it important to amend the preamble so that it provides that the federal government recognizes that French is the official language of Quebec and the common language in Quebec.

[Denis Lebel, Conservative, Roberval—Lac-Saint-Jean, QC]

Mr. Speaker, Bill C-482 proposes to amend the Official Languages Act, among other legislation. This bill seems to assume that the Official Languages Act is a barrier to the promotion and use of French in Quebec. And yet the last census, in 2006, disclosed a number of positive developments in this regard, such as the fact that a majority of recent immigrants, 75%, have adopted French, and that the proportion of the population that knows French has now reached 94.5%.

How can the Bloc Québécois demonstrate that the Official Languages Act and the existing rules governing language amount to an obstruction of the French fact in Quebec?

[Pauline Picard, Bloc, Drummond, QC]

Mr. Speaker, I am truly amazed that a Quebecker could ask me that question, while citing completely inaccurate figures. I have just spoken about this. The number of people who have French as their first language rose between 2001 and 2006, from 5.33 million to 6.29 million. Their relative weight fell, and they now represent only 22.1% of the population, according to Statistics Canada.

[Richard Nadeau, Bloc, Gatineau, QC]

Mr. Speaker, I would like to congratulate my colleague for her excellent speech. I would like to ask her this question. We know that the purpose of Bill C-482 is to amend the Official Languages Act, the Canada Labour Code and the Canada Business Corporations Act. We also know that the Conservative Party in fact tried to prevent this debate from being held, claiming that the bill was anti-constitutional.

I would like to hear my colleague’s opinion about its so-called anti-constitutional nature, which in the final analysis does not exist. The Conservative Party alone has objected to it being discussed here. That party, which supposedly recognizes the Quebec nation, has fought with all its might to try to prevent this debate from taking place.

[Pauline Picard, Bloc, Drummond, QC]

Mr. Speaker, I would like to read the following:

Bill C-482 in no way conflicts with any constitutional guarantee relating to languages. On the contrary, it respects and promotes constitutional standards in this area. That bill also does not violate any principle governing the division of powers in our federation. On the contrary, it seeks to take advantage of one of the recognized means of promoting cooperative federalism. Therefore, Bill C-482 is airtight in terms of its constitutionality.

This is dated December 19, 2007, by Henri Brun, a professor of constitutional law.

[Daniel Petit, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, I would like to put a question to the hon. member. Before tabling her bill, did she conduct an independent review showing that the provisions of the Official Languages Act are at odds with the Charter of the French Language? I remind her that the preamble of that charter provides that the National Assembly “is resolved to make of French the language of Government and the Law, as well as the normal and everyday language of work, instruction, communication, commerce and business”.

Has the hon. member proven that the federal Official Languages Act and the Charter of the French Language are incompatible? Has she researched that aspect, and could she take a few minutes to explain to us whether her bill is based on material that could be useful to all parties here?

[Pauline Picard, Bloc, Drummond, QC]

Mr. Speaker, the hon. member is asking me the exact same question as my colleague on the constitutionality of the bill. The fact is that a number of studies were conducted. We did our homework. Before introducing Bill C-482, we did reviews, we worked, we conducted studies, and we heard stakeholders. The bill in no way conflicts with any constitutional guarantee relating to languages.

I repeat what professor Henri Brun, who is an eminent lawyer and professor of constitutional law, said himself. In his review of the bill, he stated the following:

Bill C-482 in no way conflicts with any constitutional guarantee relating to languages. On the contrary, it respects and promotes constitutional standards in this area. That bill also does not violate any principle governing the division of powers in our federation. On the contrary, it seeks to take advantage of one of the recognized means of promoting cooperative federalism. Therefore, Bill C-482 is airtight in terms of its constitutionality.

I would like to add that—

[The Deputy Speaker, Bill Blaikie]

Resuming debate. The hon. Parliamentary Secretary to the Prime Minister and for Status of Women.

[Sylvie Boucher, Conservative, Parliamentary Secretary to the Prime Minister and for Status of Women]

Mr. Speaker, we are here today to debate the bill tabled by the member for Drummond.

The bill proposes to amend three federal acts. It is based on the premise that the Government of Canada is impeding the growth of French in Quebec as well as its arts and culture.

Nothing could be further from the truth. Indeed, the government is promoting and solidly supporting Quebec's arts and culture, as well as the French language, in many ways.

Today, I want to emphasize the role that the cultural institutions and programs of the Government of Canada have played, and continue to play, in relation to the French language and the cultural vitality of Quebec.

Bill C-482 seeks to require the Government of Canada to undertake not to obstruct the application of the Charter of the French Language in Quebec. Bill C-482 would amend the Official Languages Act, the Canada Labour Code and the Canada Business Corporations Act, would make French the official language of Quebec and would recognize the Charter of the French Language as the governing legislation on questions of language in Quebec. Before considering amendments to existing legislation, I believe it is important to look at the system that is now in place.

The Official Languages Act states that “English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.” Canada is made up of three territories and 10 provinces, including Quebec, in which, by virtue of the Official Languages Act, English and French enjoy equal status. The Canada Labour Code and the Canada Business Corporations Act apply to all of Canada in fields under federal jurisdiction, while the Official Languages Act applies only to federal institutions.

According to the Department of Canadian Heritage Act, the department is responsible for programs and policies dealing with the arts and culture. It is also responsible for implementing many of the Government of Canada's commitments related to official languages, pursuant to sections 41, 42, and 43 of the Official Languages Act. Its mandate includes the responsibility to ensure that the cultural and linguistic needs of communities that fall within the federal sphere are supported all across Canada, including the needs related to the French language and cultural diversity in Quebec. These programs, policies and tools help Quebec to remain competitive and contribute to the growth of its artistic and cultural sector, in addition to ensuring the vitality of the French language within Quebec and throughout Canada.

Our government has played an active role in this success, and the range of measures available—including funding programs—provides equal opportunities for all Canadians.

The bill before us suggests that existing federal legislation is an obstruction to the French language and culture in Quebec. And yet through various federal programs, the Government of Canada provides Quebec with extensive support in the area of culture. Those federal programs stimulate the development, sharing and promotion of the French language in Quebec, throughout Canada and everywhere in the world.

We need only think of the support given by the federal government to Radio-Canada, an important link in the extraordinary cultural success that Quebeckers enjoy in the audiovisual and broadcasting industries. Radio-Canada, which is funded by a federal government program, offers high-quality cultural content in French, presenting francophone talent from Quebec and other francophone regions to the general public. Radio-Canada also provides news broadcasts in French on its specialized television network, Réseau de l'information, RDI.

We would also point out that for many years the Canada Council for the Arts has supported the extraordinary artistic development that has occurred in Quebec in the fields of dance, theatre, literature and audio recording.

The Department of Canadian Heritage administers impressive federal programs providing grants and contributions for the arts in Quebec and in French, through arts presentation Canada, cultural capitals of Canada, cultural spaces Canada, the national arts training contribution program and the Canadian arts and heritage sustainability program.

The Government of Canada as a whole promotes the culture of Quebec by investing in artistic creativity and development. Through these activities, francophone artists and creators express their thoughts, showcase our differences and celebrate our similarities.

In 2006 and 2007, the Canada Council for the Arts granted over $44.5 million to the arts in Quebec. Cultural Capitals of Canada approved the payment of $1.9 million to five municipalities in Quebec that are organizing special activities they will use to harness the many benefits of arts and culture in the community.

The goal of Cultural Spaces Canada is to improve the physical conditions for artistic creativity and innovation and to improve access to performing arts, visual arts, media arts and museum collections and heritage displays. In 2006 and 2007, 32 projects were funded in Quebec. In the last six years, the financial assistance injected by Cultural Spaces Canada into that province has risen from nearly $3.7 million to over $6.4 million.

The National Arts Training Contribution Program assists organizations training Canadians seeking a professional career nationally or internationally in the arts. In 2006 and 2007, it supported 10 training facilities in Quebec alone.

The Canadian Arts and Heritage Sustainability Program aims to strengthen organizational effectiveness and build capacity of arts and heritage organizations. The Montreal Symphony Orchestra, for instance, has received nearly $3.3 million in staffing funds from the federal government, and the Grands Ballets Canadiens has received over $2.6 million.

We must not forget that Canadian Heritage and the organizations it funds support the creation of Canadian content and access to artistic excellence, promoting innovation. In 2006 and 2007, the Canada Music Fund paid out $11.1 million to 837 recipients in Quebec. Nearly half of the funding it provides goes to French-language artists living in Quebec, such as Pierre Lapointe, Daniel Bélanger, Ariane Moffat, Kaïn and Les Trois Accords, all of whom received assistance from the Canada Music Fund. The Canada Feature Film Fund provided funding for the 10 top French-Canadian films in 2007.

The federal government has generously invested for years in Quebec so much so that Telefilm Canada and the National Film Board both have their headquarters there.

The Canadian Television Fund has a mandate, through its contribution agreement with Canadian Heritage, to fund projects in French, English and Aboriginal languages. Approximately a third of its program commitments involved French productions, 90% of which come from Quebec.

In conclusion, all the information provided here converges on a single point. We sing, we tell stories, we publish, we surf the Net and we grow—all in French. These activities are made possible in large extent thanks to the help the federal government is providing to actively promote the vitality of the French language.

To conclude, given the federal government's commitment to fully support French culture and language in Quebec, we must question the merits of Bill C-482.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Speaker, as has been said, Bill C-482, which was introduced by the member for Drummond, would amend three acts: the Official Languages Act, the Canada Labour Code and the Canada Business Corporations Act. If these amendments were to pass, their effect would be to give precedence to the Charter of the French Language within Quebec, and the three acts in question would therefore be subject to that charter.

To begin with, it is important to quote the Official Languages Act and give a very quick sketch of its history—of course, we cannot do justice to the complexity of this question in 10 minutes.

The act grew out of the situation that existed in Canada in the early 1960s, when it was observed that French was being given short shrift. That observation prompted Prime Minister Pearson to create the Royal Commission on Bilingualism and Biculturalism, the Laurendeau-Dunton commission, which led directly to the proposal that later became the Official Languages Act, enacted by this Parliament in 1969. Since then, the act has been defined by the courts as quasi-constitutional.

We should also note that amendments were made to the act in 1988, including the amendment that committed the federal government to “enhancing the vitality and supporting the development of English and French linguistic minority communities”. Further amendments in 2005 required federal institutions to “ensure that positive measures are taken for the implementation” of those commitments.

Since this legislation was enacted, over 35 years ago, it has truly become an indispensable beacon, lighting our collective way when it comes to official languages in Canada.

While both French and English are official languages of Canada, the reality is that, in North America, English is not threatened in any way. That is a fact that has to be recognized. The same cannot be said of French, which has to be protected. Successive governments in this place, in Quebec and, recently, even in provinces other than Quebec have realized that they do have a role to play in protecting the French language and culture in Canada.

As a francophone living in Ontario and having sometimes had to endure unacceptable conditions, I completely understand this sensitivity, this desire to protect the French language and culture. I am therefore not insensitive to the desire of francophones in Quebec and their successive governments to protect and promote the French language and culture.

This, however, has to be done in complete respect for our laws and constitutional principles. I will refer to a few legislative provisions, including the preamble of the Official Languages Act, section 16(1) , and perhaps also section 21, of the Canadian Charter of Rights and Freedoms, as well as to the 1998 decision of the Supreme Court of Canada in the Quebec secession reference.

Let us start with the preamble of the Official Languages Act. It is a lengthy preamble, but I will only quote the most interesting part:

The purpose of this Act is to

(a) ensure respect for English and French as the official languages of Canada and ensure equality of status and equal rights and privileges as to their use in all federal institutions—

In debate and in speeches, the Bloc Québécois argues that this is not binding. That statement in itself would make for an interesting debate, but I will move on.

In response to a question, the hon. member for Drummond said among other things that consultations had been held and everyone appeared to be in agreement. I think, however, that if we checked with the Commissioner of Official Languages of Canada, we would hear something quite a bit different. The official languages commissioner told the Bloc Québécois he had huge reservations about the bill, as drafted. That ought to be taken into account.

In addition to this brief passage from the preamble to the Official Languages Act, I would like to quote subsection 16(1) of the Canadian Charter of Rights and Freedoms.

English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.

Subsection 16(3) states:

Nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French.

It is very important to recognize that we are now referring to the Canadian Constitution and the Charter of Rights and Freedoms and not the preamble of a quasi-constitutional law. The Constitution is authoritative. We must respect it, and the Government of Canada cannot divest itself of its obligations under the Charter of Rights and Freedoms. We must remember this.

I will now examine the constitutional principles referred to in the Supreme Court ruling concerning the reference on Quebec secession. The court made sure it examined what are referred to as the constitutional principles. Although often implicit, these are the underlying principles of our Constitution. I will quote a passage from page 40 of the ruling.

These principles may give rise to very abstract and general obligations, or they may be more specific and precise in nature. The principles are not merely descriptive, but are also invested with a powerful normative force, and are binding upon both courts and governments.

The following quote is from page 50 of the Supreme Court ruling.

An understanding of the scope and importance of the principles of the rule of law and constitutionalism is aided by acknowledging explicitly why a constitution is entrenched beyond the reach of simple majority rule. There are three overlapping reasons.

First, a constitution may provide an added safeguard for fundamental human rights and individual freedoms which might otherwise be susceptible to government interference. Although democratic government is generally solicitous of those rights, there are occasions when the majority will be tempted to ignore fundamental rights in order to accomplish collective goals more easily or effectively. Constitutional entrenchment ensures that those rights will be given due regard and protection. Second, a constitution may seek to ensure that vulnerable minority groups are endowed with the institutions and rights necessary to maintain and promote their identities against the assimilative pressures of the majority. And third, a constitution may provide for a division of political power that allocates political power amongst different levels of government. That purpose would be defeated if one of those democratically elected levels of government could usurp the powers of the other simply by exercising its legislative power to allocate additional political power to itself unilaterally.

The last quote from this Supreme Court decision is found on page 54. It reads as follows:

The concern of our courts and governments to protect minorities has been prominent in recent years, particularly following the enactment of the Charter. Undoubtedly, one of the key considerations motivating the enactment of the Charter, and the process of constitutional judicial review that it entails, is the protection of minorities. However, it should not be forgotten that the protection of minority rights had a long history before the enactment of the Charter. Indeed, the protection of minority rights was clearly an essential consideration in the design of our constitutional structure even at the time of Confederation.

The purpose of these quotations is to put this debate back into a constitutional context, which cannot be overlooked. I also sought and obtained legal opinions. As the official opposition critic for official languages, I cannot support this bill. I recognize that, in terms of language of work, there may be a legal void. However, I believe it is up to the Government of Canada to fill that void and not mix public corporations, such as the Canadian Broadcasting Corporation, ports, airports and Air Canada, which are subject to the legislation, with banks, transport companies and telecommunications companies. If there is a legal void, and I think there is, it is up to the federal government to fill it.

Nevertheless, accepting the amendments proposed would go against the Constitution, potentially threaten the anglophone minority in Quebec and create the precedent that the hon. member for Drummond tried to deny. We might then see other provincial governments in Canada ask for the same treatment, thereby also endangering the francophone minorities.

As the official opposition critic for official languages, I will vote against this bill.

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

Mr. Speaker, I am pleased to address Bill C-482, sponsored by the hon. member for Drummond. This is a really important issue, particularly for Quebeckers, who have the benefit of Bill 101, not to mention the fact that the Canada Labour Code not only gives priority to French, but makes it the language of work. I can understand that.

However, there is something that bothers me when it comes to the federal level. Here, Bloc Québécois members are experts. They have become experts at telling the federal government that it should not get involved in provincial jurisdictions, that it has no business in these areas, and that it is up to Quebec to decide what must be done in provincial jurisdictions. I can never say it often enough.

Now, we are talking about a federal jurisdiction. The bill introduced by the Bloc Québécois provides that French should be the official language of Quebec and the common language in that province. It amends the Canada Labour Code to provide that federal businesses carrying on activities in Quebec will be subject to the requirements of the Charter of the French Language. The bill also amends the Canada Business Corporations Act, so that the name of a corporation that carries on business in Quebec shall be in a form that meets the requirements of the Charter of the French Language.

The hon. member for Ottawa—Vanier mentioned an aspect related to the Official Languages Act, the Constitution, and so on. However, I do not want to get on this theme, because these things have already been mentioned. Moreover, testimonies on this issue are along the same lines.

The member for Drummond said that the use of French is on a downward slope, in Quebec and across Canada. I agree with her on this. That is indeed the case. Perhaps we should wonder why that is the case. Why is French losing ground in Canada?

I think that gains were made in Canada. For example, francophones have made gains, thanks to the court challenges program. They have gained French schools in Prince Edward Island and in Nova Scotia. In Ontario, we can think of Boréal College, in Sudbury, and the Montfort Hospital, in Ottawa.

The court challenges program was the tool provided to minorities—whether the French minority outside Quebec, or the English minority in Quebec—to allow them to seek justice before the courts regarding their equality rights, including their linguistic rights.

There were successes everywhere, in Manitoba, in Saskatchewan and in British Columbia. In fact, wherever the Standing Committee on Official Languages travelled for its study, people and community representatives told us clearly that gains had been made thanks to the court challenges program.

The Conservative government decided, however, to deprive minorities of the instrument that enabled them to go before the courts to safeguard their rights, the instrument that enabled them to have their schools. That is regrettable. Some $2 million is involved. It is sad.

Something else is regrettable too. In 2003, under the Liberals, the federal government established a strategy. The Library of Parliament provided us with the data. They have been checked. They are accurate in our opinion, because they come from the Library of Parliament and have been checked again. There were regular programs of study in the minority regions. At the time, the Liberal government under Jean Chrétien said it would establish a strategy in addition to the regular programs.

We saw that more funds were invested in the strategy in 2002-03.

For teaching in the minority language regions, the federal government had promised $209 million. Each year, the money allocated to the strategy increased. A surplus amount was allocated even to help with teaching in the minority regions or minority communities. The regular program, however, faced a reduction. The federal government was to have invested some $750 million in the regular teaching program by the end of five years, but it spent $500 million. Subsequently, the Liberals boasted that they had spent an extra $50 million on the strategy, making them appear to be good Samaritans.

In Quebec, for example, in recent weeks, it has been reported in the news that the Charest government and others have been saying clearly that more money was needed so anglophones and immigrants could learn French. If this money had been transferred—the $132 million the government took from the regular program, in fact, wanting us to think it had provided money for the strategy—it could have helped the minority facilities and communities with the teaching of the official language of the country and of the province of Quebec. But no, that money was taken away, just like that.

You have to wonder. Other comments were also made. The proposed amendments to the Official Languages Act raise some legal issues. First, it is difficult to discern the restrictions imposed by the new measures added to the Official Languages Act by Bill C-482. As the member for Ottawa—Vanier was saying, subsection 16(1) of the Canadian Charter of Rights and Freedoms enshrines the principle that French and English are the official languages of Canada.

The Bloc Québécois bill makes us wonder what would happen in private industry. Take Air Canada, for example. The Bloc Québécois members fought very hard with us over the fact that Air Canada should be a bilingual company. Are they saying that Air Canada will no longer be bilingual? Are they saying that flight attendants and pilots who leave Ottawa and arrive at Quebec's border—they will say I am exaggerating—will have to switch languages in mid-air and speak French? Must we switch languages because we have crossed the Quebec border?

Are the Bloc members saying that when the VIA Rail train leaves Toronto and arrives on the outskirts of Valleyfield, Quebec, the employees will have to speak French?

I am talking about federal institutions. Let us imagine that someone who works in a federal institution is transferred from Toronto to a job in Montreal. If that person does not speak French, will he lose his job?

These are important matters that we must address. We must pay attention to this. Personally, I believe there are two peoples in Canada. In fact, there are three peoples, four peoples, even five peoples if we count the Acadian people. We can keep naming peoples or nations, but the point is that we have to respect our languages and cultures.

We will study all of this. There are questions that need to be answered. We should be able to study the bill. The only way to do so is to vote in favour of the bill at second reading so we can listen to experts and the Commissioner of Official Languages. He could study the bill with us. Let us listen to the lawyers and the people who know the Constitution, and get their advice on how to proceed. If the bill does not seem like a good bill, then vote against it. However, if you can live with the bill, vote in favour of it.

The NDP will vote in favour of this bill. I want to be clear that this bill will be studied only if we vote in favour of it. Parliament is not here to pass bills at first reading. There is first reading, second reading, and then third reading. We are here to study bills. That is why the NDP is recommending that we study the bill. Then we will make a final decision at third reading.

[Richard Nadeau, Bloc, Gatineau, QC]

Mr. Speaker, Bill C-482 aims to force the federal government to comply with Bill 101 within Quebec. I refer to the Quebec nation recognized in this very place in November 2006. It was recognized as well on a number of occasions in the National Assembly of Quebec. We are a nation and want to be treated as one.

Bill C-482 aims to amend the Official Languages Act, the Canada Labour Code and the Canada Business Corporations Act.

In the light of my remarks, when the House of Commons recognized the Quebec nation in November 2006, the Bloc Québécois contended vigorously that recognition meant consequences and that symbolic recognition alone would not suffice. Months ago, now, the Conservatives and the Prime Minister congratulated themselves on recognizing the obvious, namely that we existed. It is now time for Conservatives and other Canadian parties to act. We are giving them the opportunity.

The first specific step required is recognition in fact that Quebeckers comprise a francophone nation in North America. If the Canadian parties mean this recognition, they will have to understand that the Quebec nation and the French language go hand in hand. Recognition of one is recognition of the other, hence Bill C-482.

The Quebec nation has established an instrument to ensure that French is the common public language, the Charter of the French Language, or, Bill 101, if you will. What people often forget is that Bill 101 does not exist as far as Ottawa is concerned, and so sectors under federal jurisdiction are exempt from its application, and that means in Quebec as well.

Banks, for example, telecommunications companies, interprovincial transport companies, ports and airports can avoid compliance with Bill 101. The Bloc Québécois therefore introduced amendments to the Canada Labour Code so that these operations may be subject to the charter with respect to language of work.

The Official Languages Act contradicts Bill 101 by promoting English and French in Quebec as well. We are not a bilingual nation. Quebec is a francophone nation. We thus introduced the amendments to this legislation so the federal government would recognize that French is the official language of Quebec and would commit to recognizing the Charter of the French Language and respecting its application throughout Quebec.

Contrary to what the Conservatives have been saying, the Bloc Québécois obviously is not asking the federal government to intervene in linguistic matters in Quebec. All that we ask is that the federal government respect the Charter of the French Language.

To ensure the full application of Bill 101, it would be necessary to amend the Constitution, which seems to be impossible in Canada. The Bloc Québécois’ willingness to amend federal legislation, which can easily be done with a little political good will, shows the reasonable nature of our objectives.

There are some precedents. The federal government has exclusive jurisdiction over its employees. The Government Employees Compensation Act provides that the legislation of the province where the employee is usually employed will be the applicable law for compensation of a work-related injury. As a result, by virtue of the federal act, it is the Quebec legislation respecting industrial accidents and occupational diseases that applies to workers in Quebec.

The Canada Labour Code also provides for the federal government to take account of provincial laws in establishing the minimum wage. If it is possible to adapt federal laws in terms of compensation and the minimum wage, how can anyone justify refusing to adapt federal laws concerning language, which is a more fundamental matter for the Quebec nation?

The amendments introduced here by the Bloc Québécois would have the effect of requiring the federal government to undertake not to obstruct the objectives of the Charter of the French Language. It is important to remember that recognition of the Charter of the French Language in no way diminishes the rights and privileges of Quebec's anglophone minority as provided by the Canadian Charter of Rights and Freedoms. These amendments simply limit the power of the federal government to intervene in Quebec's language policy.

Specific reference to a provincial act in the text of a federal act is possible. We are talking about a statutory reference. That means that the government recognizes the provisions made by another Canadian legislative assembly. There is another instrument that could be used to amend an act. It is called incorporation by reference; that is another tool that can be used.

Federal undertakings or enterprises under federal jurisdiction are specifically not affected by the Charter of the French Language in relation to language of work. Some companies choose to comply with the charter, but that is done on a voluntary basis. Accordingly, our amendment specifies, “Any federal work, undertaking or business carrying on activities in Quebec is subject to the requirements of the Charter of the French Language.” That provision responds to the demand made in the Larose report of 2001, which stated, and I quote:

The francization of the workplace in Quebec also concerns the workplace of the federal government and workplaces under federal jurisdiction. That is why the Government of Canada should take the necessary measures to ensure that these workplaces respect language legislation when they are in Quebec.

This amendment would eliminate the legal void that enables federal companies to flout the Charter of the French Language when it comes to the language of work. It is important, though, to note that many federal companies decide on their own to abide by the francization programs of the Office québécois de la langue française.

Nevertheless, some federal companies fail to comply with Bill 101 and do so with impunity. Since 2000, some 147 files have been closed at the Office québécois de la langue française because it could not do anything in view of the fact that the companies were under federal jurisdiction. These figures refer only to files that were opened in response to complaints. If no one complains, no file is opened. We can conclude, therefore, that the number of delinquent firms was probably higher.

The Bloc Québécois bill will also amend the Canada Business Corporations Act so as to ensure that corporate names comply with the Charter of the French Language. Corporate names have been the subject of 1,434 complaints since 2000.

This amendment will ensure that Quebec businesses that decide to register in Ottawa rather than Quebec are subject to the Charter of the French Language.

I would remind the House that the Canadian Charter of Rights and Freedoms, which Pierre Elliott Trudeau imposed on Quebec in 1982, aimed above all to counter Bill 101. As Mr. Trudeau's former advisor André Burelle wrote: “Make no mistake; the purpose of Mr. Trudeau's charter was to neutralize Bill 101. In the charter, language rights are elevated to the rank of fundamental rights of individuals that are safeguarded from the notwithstanding clause, while other human rights, even the most basic ones, are subject to the notwithstanding clause.”

It is very important to say that today, with Bill C-482, we are reaching out to the federal government, hoping it will recognize that in Quebec, these institutions must abide by the Charter of the French Language above any other official language legislation. The Quebec nation exists. It is a francophone nation in the Americas. That is what we are and what we want to remain.

[The Deputy Speaker, Bill Blaikie]

The time provided for the consideration of private members' business has now expired, and the order is dropped to the bottom of the order of precedence on the order paper.

The House resumed from February 6 consideration of the motion that Bill C-482, an act to amend the Official Languages Act (Charter of the French Language) and to make consequential amendments to other acts, be read the second time and referred to a committee.

[Daniel Petit, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, several of our government members have already had a chance to voice their opposition to Bill C-482. The only possible conclusion is that this is a bill intended to solve a non-existent problem. The 2006 census shows that French is doing well as the language of work in Quebec.

The census has been collecting data on the language of work since 2001, and the 2006 census shows that 99.2% of Quebec francophones use French most often or regularly at work. This figure speaks for itself. It is very hard, therefore, to claim that English poses a serious threat in Quebec and the federal government is responsible. The facts show that this is simply not the case.

Some 94.3% of all Quebec workers use French, with varying frequency. In addition, between 2001 and 2006, the percentage of immigrants who said they use French most often at work, either alone or together with another language, increased from 63% to 65%. There was also an increase in the proportion of anglophones who use French at work most often or regularly. I also want to remind the House that 69% of Quebec anglophones are bilingual now, in comparison with 63% just ten years ago. Under the circumstances, we really do not see the point of Bill C-482.

If we look at the results of the 2006 census on mother tongue and the language spoken at home, it becomes apparent that certain people have a tendency to draw hasty conclusions about major trends in our society, which in themselves do not pose a threat to the French language. It is true that many immigrants speak their language of origin in the home in order to pass it on to their children. Nevertheless, most of these people work in French and frequently use it in public. In addition, their children attend French-language schools and will eventually find it easy to migrate to this language.

Some concerns were raised last December and January about data on how easy it is for unilingual English staff to get hired in Quebec businesses. Everyone who is familiar with the statistics knows that this was not a serious study and it was undertaken mostly just to stir up trouble without really improving our understanding of the linguistic situation.

We also need to know that the situation in Montreal is not evolving in a vacuum. Every day some 270,000 people from the northern and southern suburbs of Montreal, most of them francophones, cross the bridges to go and work on the island. Nine out of ten of them use French at work: 73% most often and another 16% regularly. Under the circumstances, there is no reason to fear the worst, especially as the data show that the use of French in Montreal has remained stable.

In Canada as a whole, because of immigration, we see the same linguistic diversification and reduction in the proportion of people with English as a mother tongue. Given the importance of English in the world, it is hardly surprising that this is a consequence of our very necessary immigration.

The second good reason to oppose this bill is just as important, since is has to do with a truly Canadian value: the equality of status of English and French, and the commitment of the federal government to enhance the vitality of English and French linguistic minority communities in Canada. Our government cannot emphasize enough the principle that both official languages are equal.

With this bill, the Bloc is implying that the federal government is a threat to the French fact in Canada, when nothing could be further from the truth. Yet again, the Bloc proposes a backward-looking vision, where the knowledge of one language is necessarily a threat to another.

Through its official language policies, the government encourages not only francophone minorities, but also all Canadians, to learn French. That is why we now have a record number of Canadians who are able to speak both official languages.

The government supports the French fact throughout Canada and particularly supports francophone minority communities. There are more than one million francophones in our own country. This opens the door to the international Francophonie.

This year, the 400th anniversary of the founding of Quebec City, some important international Francophonie events will be held. Quebec City will host the next Sommet de la Francophonie from October 17 to 19, 2008. It is no coincidence that francophone heads of state and government are turning to Canada to hold their discussions. Canada is a beacon of support for the dissemination and promotion of the French language.

Canada is proud to be a partner in the celebrations, which highlight an important chapter of our history. We want the 400th anniversary of Quebec City to be a celebration all Canadians will remember. It is a great opportunity to celebrate the event, the francophone presence in the Americas, and the vitality of the French fact.

The two official languages of Canada are also languages with high standing internationally, let us not forget. French, which is one of the ten most commonly spoken languages in the world, ranks second for the number of countries where it is spoken, and in influence. Like English, French can be found on every continent, and it has official language status in 29 nations.

The Prime Minister has often said it, and I quote him without hesitation: we share a long-term vision of a Canada where linguistic duality is an asset both for individuals and for institutions across Canada.

The future depends on learning the second language, and even other languages, in a global economy and a spirit of openness to the world. Languages are the key that enables us to understand and appreciate other cultures.

The Canadian language framework that has been developed in recent decades originates in and is based on the principles and provisions found in our Constitution. Canadians today still say that these values are widely shared, and we will make sure that future generations have an opportunity to enjoy the benefits of bilingualism, one of Canada’s fundamental characteristics.

Our language industries are helping to position Canada on the international stage and they will continue to thrive in the years to come thanks to the cutting-edge research that is being done and will continue to energize this entire sector of the economy and thereby Canada as a whole. I would like to take this opportunity to note that Canada continues to be a world leader when it comes to translation and other activities of that nature. We are also a model for many countries in the management of linguistic duality.

In conclusion, we are determined to continue working to help the official language communities flourish, in a spirit of open federalism and in a way that respects the jurisdictions of the provinces and territories. Our approach to developing a new strategy is therefore aided by our continuing dialogue with the provinces and territories, and in particular by the work done by the Ministerial Conference on the Canadian Francophonie.

The provincial and territorial governments are the ones that can take direct action on issues of crucial importance to the vitality of official languages communities throughout Canada, and our government looks forward to working with them to promote Canada’s linguistic duality.

In recent years, the Government of Canada has developed a number of policies on official languages, and our government is working actively on the next phase of the action plan, in order to take into account social and demographic changes in Canada. We want to offer Canadians the support that is best suited to their needs. We want to help them preserve their linguistic and cultural heritage and reap the full benefits of that heritage and pass it on to future generations.

Our government will continue to build on existing accomplishments so that Canadians can benefit from all the advantages our country has to offer because of the unique cultural wealth our two official languages represent in North America.

[Jean-Claude D'Amours, Liberal, Madawaska—Restigouche, NB]

Mr. Speaker, I am very pleased to rise here in the House today to speak to Bill C-482, An Act to amend the Official Languages Act (Charter of the French Language) and to make consequential amendments to other Acts.

When we look at the whole issue of the Official Languages Act, there is one thing we must always keep in our sights, one very important thing. That is ensuring that the legislation will improve the conditions of official language minority communities, for both francophones outside Quebec and anglophones in Quebec.

In order to be able to move forward and not backward we must also ensure that the act can be properly defended. If we want to be in a position to properly defend it we must make sure that, when people propose amendments to certain acts, those proposals do not run counter to what many generations have been trying to do over the years to improve the conditions of official language minority communities.

Clearly, anyone who tries to improve the conditions of official language minority communities must be an ardent defender. The Liberal Party of Canada has always been an ardent defender of official languages in this country. We have taken steps to advance many causes and have ensured that programs are in place to enable communities to defend their rights before the courts.

However, when we look at a bill like Bill C-482, we might ask ourselves some serious questions. Serious questions might come to mind because, indeed, as though by chance, this bill is trying to separate one part of the official languages issue in this country and shift it. In the end, it conveniently addresses one part of the issue without considering the overall situation. And the overall situation is very important.

It is not possible to try to make amendments to an act or take over an act—acts under federal jurisdiction—that exists to ensure respect for communities, that exist to ensure that communities, even those in a minority situation in any given region, province or territory, do not see any decreases in their services, their standard of living or their rights.

Respecting their rights also includes the whole issue of employment and language of work. Certainly, if at some point we try to generalize and say that everything is going to go in one direction, people are going to suffer. People are going to suffer because their rights will not be respected. That is one of the reasons why we have the Charter of Rights and Freedoms, to ensure that communities, including language communities, are respected.

But this is a constitutional issue as well. The Official Languages Act guarantees Canadians the right to be served in the language of their choice, be it French or English. Some people want services in both languages, because many communities across the country are bilingual. However, the government has to be able to provide those services.

Imagine for a moment telling the people who work in institutions and undertakings governed by the Canada Labour Code, “Now, you no longer have the right to serve people or work in your own language.” It is a matter of respect.

This does not necessarily mean that the language of work has to be English only or French only. There has to be a balance. In my riding, for example, there are francophones, mainly in the Madawaska area, and there are more anglophones in the Restigouche area. We cannot say that the francophones would not have the right to work in French and would have to work in English only, because it is the majority language in New Brunswick. The reverse is also true. Imagine if it were to happen one day. In one case, the rights of the francophones would be trampled, while in the other, the rights of the anglophones would be violated.

When it comes to official languages, we must always make sure we do not come up with just any bill to promote one part of the official languages issue for our cause. The issue here is not just a separatist cause versus a federalist cause. People all across the country have the right to be served in their own language, but they are also entitled to some respect when it comes to language of work.

As I mentioned earlier, we must never forget that there are other communities in the country, notably francophone communities outside Quebec. These people would like to be able to work in their language, but they are conscious of the fact that they are not necessarily in the majority and that there are also anglophones who work in their language.

We cannot simply tell a minority community that some of their rights will be taken away because the language of work must be limited to a single language. Nor can we say that their rights will be set aside because they are not important. We have to be careful. Often when we talk about linguistic issues it leads to debates because it directly affects individuals. People most often express their gut reaction because they remember the struggle they went through to defend their rights.

It is hard to comprehend that a Bloc Québécois member has introduced such a bill. Bloc members must also be aware that Canada has two official languages. The problem does not crop up province by province. If things were that easy, there would not be any problems in the world. At some point, we have to be able to recognize that each one of us has the right to our own little space and the right to more forward in consideration of our linguistic situation.

It is a bit difficult to understand where people want to go with this bill. We need to have a broad overview and not just look at elements here and there. If we only look at the elements in isolation, we would never be able to move society forward. That would certainly benefit some. However, the Charter of Rights and Freedoms exists to protect minorities.

If there were no injustices, there would be no laws. If justice prevailed across the country and there were no problems, we would not need any laws. However, it is because there are injustices, and rights are not being respected, that we have to bring in legislation to govern the country fairly and appropriately, to ensure respect for official language communities within the country and within each province.

Imagine if each province made its own decisions on this. Some provinces might be interested in doing so. Imagine though how difficult it would be to have the official languages respected. People would end up having to choose which province to live in to receive certain services or to have the right to work in their language. It is somewhat illogical to think that way. That is not what we want. We want people to stay in the province of their choice and work in their language. That does not mean it has to be English only or French only. It is a matter of basic respect.

At the very beginning of my speech, I was saying that we have to make progress on the entire issue of the Official Languages Act. I will give an example that is rather easy to understand. Recently, Ms. Paulin from New Brunswick stood up for her rights and won, and now the RCMP has to provide services in French in New Brunswick. This is a reality: the law will enhance the quality of life of citizens who will be respectfully served in their official language.

The same is true for language of work. It is important to observe reality and get statistics. How many people who speak a certain language work in the public service or in places governed by the Canada Labour Code? Sometimes, these percentages are quite low.

Often, people adapt. Minority communities adapt far more than others to the language of the majority. At the very least, an anglophone should not be required to speak French and vice versa. It is always the same issue: we do not want the inverse to happen. We do not to put others through something we would not want to experience ourselves.

My presentation is drawing to a close. In my opinion, we must remember this: do unto others as you would have them do unto you. If we want our rights to be respected then we have to give everyone rights.

[Denise Savoie, NDP, Victoria, BC]

Mr. Speaker, I am pleased to speak today to Bill C-482, concerning the Charter of the French Language.

This bill proposes a number of changes with the goal of increasing the use of French as the language of work. It also proposes an amendment to the Canada Labour Code to protect the language rights of francophone workers in the federal sector governed by the Canada Labour Code.

My NDP colleagues and I believe that this bill deserves to be examined in committee. Our primary interest is to protect French where there is the largest group of francophones—in Quebec—and then to focus on the need to increase and promote the use of French at work. Of course, that does not mean that we want to reduce the presence and influence of French elsewhere in Canada. On the contrary, everyone wins when we strengthen Canada's uniqueness and truly try to respect the spirit of bilingualism.

We are all aware that there are still numerous obstacles preventing many Canadians and Quebeckers from truly learning French. Several reports suggest that the use of French is declining even in Quebec. Is this true? We do not know. Further study and discussion are required. A few months ago, the writer Roch Carrier spoke about the high rate of illiteracy in Quebec. That is disturbing. This bill should be examined in light of that kind of problem.

After listening to the comments of my Liberal colleague, who seems to simplify the problem, I believe that we should stop fueling the separatist cause. In a recent interview, the Commissioner of Official Languages expressed his disappointment with the Conservative government's policies pertaining to official languages. I am thinking of the appointment of judges and others, the abolition of the court challenges program— which truly helped francophones exercise their rights outside of Quebec—or the lowering of standards for French in the public service and the military. All these actions taken by the Conservative government undermine this type of educational programs. Yet, the Prime Minister himself is an example of the success of these programs. So why refuse to study a bill that seeks to protect the right to use French as the language of work?

Affirming the language rights of francophones does not at all diminish the rights of anglophones. On the contrary, these actions provide all Canadians with choice and, in this way, ensure the continued growth and vitality of the French language throughout the country.

We know that this is an important issue for Canadians living outside Quebec as well. For example, in my riding, French immersion programs are in high demand and are probably the most popular education program in British Columbia. That is definitely the case in my riding.

On a personal note, my own experiences growing up in Manitoba showed me the importance of promoting French there.

French was banned from the education system for an entire century. I even remember being a little girl, taught by nuns, and when the inspector came into the classroom, we had to put away our French textbooks and hide them. Imagine such a situation. It really created a feeling of being attacked. We had the impression that we did not have the right to speak French.

And if we believe that the French fact enriches Canada as a whole, it must be given the support it needs to fully develop.

However, it remains to be seen if this bill could do that, if it could really achieve those goals, given that we are talking about areas of federal jurisdiction. That is one of the main reasons why we are suggesting further deliberations on this bill in committee.

In addition, the issue of how the provisions concerning federal institutions and companies will be imposed still has yet to be resolved. My hon. colleague from Acadie—Bathurst already raised this question in his comments. What impact will this bill have on companies such as Air Canada, VIA Rail and many others?

The business administration of these federal institutions, and particularly the promotion of French in those settings, will be a focal point of the committee deliberations, if the bill is in fact referred. That is another reason this debate is necessary. It would be one way of assessing the health of French in those federal institutions.

I am convinced that if we keep an open mind, both in the House and in committee, we will successfully make decisions that will allow us to achieve the following goals: first, to allow Quebeckers to express themselves fully at work in their mother tongue and, second, to preserve and encourage the use of this rich, dynamic language, which we are fortunate to be able to use anywhere in Canada.

[Carole Lavallée, Bloc, Saint-Bruno—Saint-Hubert, QC]

Mr. Speaker, May 1—International Workers' Day—was barely two weeks ago, yet it seems that there are two categories of workers in Quebec. Workers in the first category have the right to work in French in Quebec. They are governed by Quebec labour laws and Bill 101, the Charter of the French Language.

Over 200,000 Quebec workers in the second category are governed by the Canada Labour Code, and their employers are not subject to the Charter of the French Language. All too often, they have to work in both languages and sometimes, in English only. Some of them feel like second-class citizens in Quebec. They are the ones working for organizations that fall under federal jurisdiction, such as ports, airports, telecommunications and broadcasting companies, interprovincial and rail transportation companies, banks, and Canada Post Corporation.

Most of these organizations ignore the Charter of the French Language. Some openly flout it. Bill 101 does not apply to these employers in Quebec, so they can impose their language on their employees, who receive their weekly English-language schedules, and are blithely asked to attend meetings that are held, all too often, in English when at least one of their colleagues is unilingual anglophone. Bizarre situations arise as a result. For example, a company under federal jurisdiction is not required to respect the language of its workers in Quebec, but the union representing those workers, which is subject to the Quebec Labour Code, must comply with Bill 101.

Witnesses have stated that employers even force their employees to work in English, threatening to cut jobs in Quebec and create new jobs elsewhere in Canada, where people speak “Canadian”, if they do not agree to write their reports in English or if they speak up when they receive internal documents written in English only. I should clarify that employees are not refusing to provide services to clients in the latter's own language. They simply want meeting minutes, or the meetings themselves, as well as their interactions with their employers and colleagues, to be in French.

Of course, the situation varies with the region. In Montreal and in the Outaouais, the situation is far more problematic than in the Saguenay region, for example, where francophones make up 99% of the population. Overall, English is the main language of work for 17% of Quebeckers. Statistics recently released by the Quebec Office de la langue française indicate that many more francophones work in English than do anglophones in French. Forty per cent of workers in Quebec use English at work regularly.

The federal government stubbornly refuses to recognize Bill 101 in Quebec, so that even today, despite the legislation's 30 year existence, the process of francisation is still in its infancy. When we raise the matter in the House, the Minister of Canadian Heritage, Status of Women and Official Languages replies that she is promoting bilingualism in Quebec. In fact, each time the government promotes bilingualism in Quebec, it pushes French back. English is not threatened in Quebec and Canada. Promoting French in Quebec means advancing the cause of francophones outside Quebec.

However, in response to the Bloc's initiative, the Conservative government recognized in 2006 that Quebeckers formed a nation. Who honours the rights of this nation? Certainly not the Conservative government, which protested far too much when the Canada Post calendar did not include Quebec's national holiday—and I say “national”, which is Quebec's national holiday on June 24—only to discover two weeks later that the same error of omission had been made on its own calendar.

Clearly, denial of the Quebec nation and disdain for its rights seem to be part of the culture of the federal government machinery. When have we heard the Prime Minister, one of his ministers or even one of his MPs use the term Quebec nation? Recognition of it is not to be found in either their remarks or their actions.

Let us not forget that the Conservative Prime Minister did not recognize the Quebec nation in November 2006 for its intrinsic value or because he was fond of or respected Quebeckers, but rather with the malicious intent to trip up the Bloc Québécois by adding the words, “within a united Canada” after “Quebeckers form a nation”.

But the time for empty words is over. It is time the Conservative government walked the talk.

To protect workers' language, identity and culture, this government must recognize the Quebec nation in fact by giving workers throughout Quebec the right to work in French.

The Bloc wants to amend federal legislation so that federally regulated businesses carrying on activities in Quebec are subject to the Charter of the French Language. The member for Drummond introduced Bill C-482 to amend the Canada Labour Code. We thank her and congratulate her.

I hear someone applauding. That is a very good idea, because this is a very fine initiative on her part.

Bill C-482 will require the federal government to recognize the Charter of the French Language in Quebec and will extend its application to businesses under federal jurisdiction.

First of all, to avoid any ambiguity, it must be clear in the Official Languages Act that French is the official language of Quebec. We therefore consider it important to amend the preamble so that it provides that the federal government recognizes that French is the official language of Quebec and the common language in Quebec.

This amendment is not purely symbolic. It states, to a certain extent, the intent of the legislator. In this regard, the Barreau du Québec said this:

Jurisprudence, also, seems to consistently demonstrate that the preamble is always important, though the circumstances in a matter, such as the clarity of the provision, justifies setting aside any indications of intent that may be found in the preamble.

It then becomes an insurance policy provided that the body of the act is also amended. The Official Languages Act essentially applies to the Government of Canada and its institutions, and as mentioned earlier, under section 16 of the Canadian Charter of Rights and Freedoms, it is impossible to amend any provisions dealing with institutionalized bilingualism within the federal government without amending the Constitution. However, two parts of the act can be amended, namely part VII, which deals with the advancement of English and French in Canadian society, and part IX, which deals in part with the mandate of the Commissioner of Official Languages.

The amendments proposed by the Bloc Québécois will force the federal government to undertake that it will not throw up obstacles to the objectives of the Charter of the French Language. It is important to remember that recognition of the Charter of the French Language in no way diminishes the rights and privileges of the Quebec anglophone minority provided for in the Canadian Charter of Rights and Freedoms. These amendments only limit the power of the federal government to interfere in Quebec's language policy.

The specific reference to a provincial act in the context of federal legislation is possible and even common. This is referred to as a statutory reference, in other words the government recognizes the provisions of another Canadian legislative assembly. For example, the Canada Labour Code sets the minimum federal wage based on provincial minimums. Section 178 states that:

—an employer shall pay to each employee a wage at a rate

a) not less than the minimum hourly rate fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed—

This bill will amend the Canada Labour Code.

Federal undertakings or federally regulated enterprises are not governed by the Charter of the French Language, particularly with regard to the language of work. Some of these enterprises choose to abide by it, but on a voluntary basis and too infrequently for our liking.

Which federal enterprises are affected by the Canada Labour Code? I mentioned some earlier: Bell Canada has 17,241 employees; the Royal Bank, 7,200 employees; the National Bank of Canada, 10,299 employees; ACE Aviation Air Canada, 7,657 employees. We estimate that 200,000 Quebeckers are governed by the Canada Labour Code, or about 7% of Quebec workers.

The Bloc Québécois' bill will also amend the Canada Business Corporations Act to ensure that corporations' business names respect the Charter of the French Language.

The problem is that Quebec, as a nation, is still not able to ensure the use of French as the official and common language because of limits imposed by the federal government and its blatant disregard for Bill 101.

I ask that my colleagues in this House seriously reflect on the rights of a nation.

[Pierre Lemieux, Conservative, Parliamentary Secretary for Official Languages]

Mr. Speaker, several members of our government have already had a chance to express their opposition to Bill C-482. We can conclude only one thing: this bill purports to solve a problem that simply does not exist. The 2006 census data show that French as a language of work in Quebec is doing well.

Since 2001, the census has collected information on language of work, and the 2006 edition confirms that 99% of francophone workers in Quebec use French most often or regularly at work. These figures speak for themselves. It is very difficult to claim that the use of English in Quebec is a serious threat and that the federal government is to blame. There are no facts to back up this claim.

Some 94% of all Quebec workers use French, with varying frequency. In addition, between 2001 and 2006, the percentage of immigrants who said they use French most often at work, either alone or together with another language, increased from 63% to 65%. There was also an increase in the proportion of anglophones who use French at work most often or regularly. I also want to remind the House that 69% of Quebec anglophones are bilingual now, in comparison with 63% just 10 years ago. Under the circumstances, we really do not see the point of Bill C-482.

If we look at the results of the 2006 census on mother tongue and the language spoken at home, it becomes apparent that certain people have a tendency to draw hasty conclusions about major trends in our society, which in themselves do not pose a threat to the French language. It is true that many immigrants speak their language of origin in the home in order to pass it on to their children. Nevertheless, most of these people work in French and frequently use it in public. In addition, their children attend French-language schools and will eventually find it easy to migrate to this language.

Some concerns were raised last December and January about data on how easy it is for unilingual English staff to get hired in Quebec businesses. Everyone who is familiar with the statistics knows that this was not a serious study and it was undertaken mostly just to stir up trouble without really improving our understanding of the linguistic situation.

We also need to know that the situation in Montreal is not evolving in a vacuum. Every day some 270,000 people from the northern and southern suburbs of Montreal, most of them francophones, cross the bridges to go and work on the island. Nine out of ten of them use French at work: 73% most often and another 16% regularly. Under the circumstances, there is no reason to fear the worst, especially as the data show that the use of French in Montreal has remained stable.

In Canada as a whole, because of immigration, we see the same linguistic diversification and reduction in the proportion of people with English as a mother tongue. Given the importance of English in the world, it is hardly surprising that this is a consequence of our very necessary immigration.

The second good reason to oppose this bill is equally important, because it touches on a deeply Canadian value. It concerns the equal status of French and English, and the federal government's commitment to enhance the vitality of the English and French minorities in Canada. Our government can never overstate the importance of this principle of the equality of the two official languages.

With this bill, the Bloc Québécois is suggesting that the federal government poses a threat to the French fact in Canada, although nothing could be further from the truth.

Yet again, the Bloc proposes a backward-looking vision, where the knowledge of one language is necessarily a threat to another. Through its official language policies, the government encourages not only francophone minorities, but also all Canadians, to learn French. That is why we now have a record number of Canadians who are able to speak both official languages. The government supports the French fact everywhere in Canada and provides particular support to the minority francophone communities. There are a million of these francophones in Canada. This reality opens the gates to the international Francophonie.

This year, the 400th anniversary of the founding of Quebec City, some important international Francophonie events will be held. Quebec City will host the next Sommet de la Francophonie from October 17 to 19, 2008. It is no coincidence that francophone heads of state and government are turning to Canada to hold their discussions. Canada is a beacon of support for the dissemination and promotion of the French language.

Canada is proud to be a partner in the celebrations, which highlight an important chapter of our history. We want the 400th anniversary of Quebec City to be a celebration all Canadians will remember. It is a great opportunity to celebrate the event, the francophone presence in the Americas, and the vitality of the French fact.

The Prime Minister has often said it, and I quote him without hesitation: we share a long-term vision of a Canada where linguistic duality is an asset both for individuals and for institutions across Canada. The future depends on learning the second language, and even other languages, in a global economy and a spirit of openness to the world. Languages are the key that enables us to understand and appreciate other cultures.

The Canadian language framework that has been developed in recent decades originates in and is based on the principles and provisions found in our Constitution. Canadians today still say that these values are widely shared, and we will make sure that future generations have an opportunity to enjoy the benefits of bilingualism, one of Canada’s fundamental characteristics.

Our language industries are helping to position Canada on the international stage and they will continue to thrive in the years to come thanks to the cutting-edge research that is being done and will continue to energize this entire sector of the economy and thereby Canada as a whole.

I would like to take this opportunity to note that Canada continues to be a world leader when it comes to translation and other activities of that nature. We are also a model for many countries in the management of linguistic duality.

We are determined to continue working to help the official language communities flourish, in a spirit of open federalism and in a way that respects the jurisdictions of the provinces and territories. Our approach to developing a new strategy is therefore aided by our continuing dialogue with the provinces and territories, and in particular by the work done by the Ministerial Conference on the Canadian Francophonie. The provincial and territorial governments are the ones that can take direct action on issues of crucial importance to the vitality of official languages communities throughout Canada, and our government looks forward to working with them to promote Canada’s linguistic duality.

In recent years, the Government of Canada has developed a number of policies on official languages, and our government is working actively on the next phase of the action plan, in order to take into account social and demographic changes in Canada. We want to offer Canadians the support that is best suited to their needs. We want to help them preserve their linguistic and cultural heritage and reap the full benefits of that heritage and pass it on to future generations.

Our government will continue to build on existing accomplishments so that Canadians can benefit from all the advantages our country has to offer because of the unique cultural wealth our two official languages represent in North America.

[Raymond Simard, Liberal, Saint Boniface, MB]

Mr. Speaker, it is a pleasure for me to join the debate today on Bill C-482. I must say at the outset that I have a great deal of respect for the member for Drummond, but I profoundly disagree with her on this bill. The bill is extremely dangerous from the point of view of a francophone from outside Quebec. It would give precedence to the French language in federal institutions in Quebec. I can only imagine the repercussions in the other provinces.

First, there is the whole issue that the federal government must respect the Constitution. I will not go into the details of that subject because my colleague from Ottawa—Vanier has very clearly spelled out the matter of constitutional principles. However, I do not understand how anyone could introduce a bill here, in this House, that goes against the Constitution of Canada. I want to look at practical reasons.

The Official Languages Act that was adopted in 1969 has protected and continues to protect our country’s two official languages. The act puts both official languages of our country on an equal footing. I will be the first to admit that there are many challenges to overcome. In a country as large and diverse as Canada, where there is a strong concentration of francophones in one province and where we encourage and celebrate multiculturalism—which is another factor that adds to the complications in an officially bilingual country—it has never been easy to find a balance in all of the issues related to official languages.

Nevertheless, we have made enormous progress. The Official Languages Act was essential to the growth of our minority francophone communities. The member for Drummond said that the use of French is declining in Quebec and everywhere in Canada.

However, we must talk about positive changes. In Manitoba, for example, there 45,000 people of francophone descent, but in principle, 110,000 people speak French. These people completed French immersion or second language courses. In British Columbia, parents, especially from immigrant communities, stand on the sidewalk all evening to register their children in immersion courses. This is really an interesting and significant phenomenon.

Significant changes are occurring in terms of respect for the two official languages. Let us take, for example, the group Canadian Parents for French, which last year or the year before celebrated its 25th anniversary in Manitoba. It is an exceedingly positive group for francophones right across the country.

In this age of globalization, people are realizing that knowing two or three languages is becoming the norm, not the exception. The hon. member will recall a study we did together on democratic reform. We visited England, Scotland and Germany, where she had an interpreter with her. In fact most of those we met spoke two, three or four languages and offered to speak French. That is today's reality.

I do not understand the strategy of turning inward and trying to stick to a single language. It makes no sense in today's world.

I do understand that we want to protect our language. We live in this great anglophone sea that is North America. However, today's youth must not be held back. The teaching of both official languages must be encouraged as must their use in the workplace. Our young people must be given every opportunity.

I have never understood why there has not been greater cooperation between Quebec and francophones outside Quebec. There are 6 million francophones in Quebec, but there are 2.6 million francophones in Canada's other provinces. Once again, in this great North American sea of 330 million people, it seems to me we would do well to work together—cooperatively—more closely and to join forces. But no, it is just not done to acknowledge that there are francophones living outside la Belle Province or that immersion programs are working extremely well. It would not be politically sound for a separatist party to admit that its distant cousins were managing quite well and that there were vibrant communities to be found in Saint-Boniface, Manitoba, Vancouver, Regina, New Brunswick and even Alberta.

What was really heartbreaking was the Bloc's vote against Bill S-3, a bill that was vital for minority francophone communities. I can say for a fact that not all the Bloc members supported the decision by the leader of the Bloc.

The Bloc Québécois members who sat on the Standing Committee on Official Languages were torn by this decision. They knew that Bill S-3 was essential to the survival and development of francophone communities outside Quebec. Despite this, it was decided that they should vote against Bill S-3. How can that be good for the Canadian francophone community?

The other day, one of the Bloc members said that Quebec is a francophone nation. That disappoints me. How does a statement like that make the anglophones in his riding feel? That member does not necessarily represent everyone. That bothers me greatly. Anglophones and allophones also have the right to a representative that takes their interests to heart.

Things are changing. For example, in Manitoba, Premier Doer just created the Agence nationale et internationale du Manitoba. It is a francophone Manitoba Trade. We understand the added value of francophones in our province. It is the exact opposite of what is happening in the world and in all of the other Canadian provinces. In Quebec, they want to withdraw into themselves. I do not understand this senseless ideology.

As I said earlier, Canadian Parents for French is the most vocal group in terms of early immersion in New Brunswick. This group is essential for francophone communities.

Instead of seeing this withdrawal, I would rather see the Bloc Québécois work with us to restore the court challenges program and to put into place a new official languages action plan. It would be constructive and would advance French throughout Canada, including in Quebec.

In my opinion, the bill introduced by the member for Drummond would have the opposite effect, and I cannot support a bill that could harm our language. We have all worked too hard to preserve it.

[Pauline Picard, Bloc, Drummond, QC]

Mr. Speaker, I am very pleased to have introduced Bill C-482. I would also like to thank my colleague from Saint-Bruno—Saint-Hubert for her remarks, in which she really explained the bill. I am a little disappointed to see that my colleagues on the opposition side and my colleague who has just spoken have not sufficiently understood Bill C-482. In fact, it does not take away anything. It only amends the Official Languages Act so that businesses respect the spirit of the charter dealing with the language of signage and the language of work in related legislation on businesses. I would like to thank my colleague from Saint-Bruno—Saint-Hubert, my colleague from Joliette and my colleague from Gatineau, who travelled all across Quebec to explain Bill C-482, what it would change and what it would modify. I can say that it takes away absolutely nothing from the privileges of minorities within Quebec.

It is essential to specify in the Official Languages Act that French is the official language of Quebec. I would like the members who spoke on this bill could really recognize that French is the official language of Quebec. That is why it seems significant to us to amend the preamble to the act to state that the federal government recognizes French as the official language of Quebec and the common language of Quebec.

This bill would amend two parts of the Official Languages Act: Part VII, which deals with the advancement of English and French in Canadian society, and Part IX, which deals primarily with the mandate of the Commissioner of Official Languages.

Recognition of the Charter of the French Language in no way diminishes the rights and privileges of the Quebec anglophone minority that are set out in the Canadian Charter of Rights and Freedoms, and I emphasize that point. These amendments strictly limit the power of the federal government to intervene in Quebec's language policy.

Let us talk about a concept. The concept of nationhood is to recognize a nation. It also means recognizing its identity, its language, its culture, its history and its institutions. For the Conservatives, the concept of the Quebec nation is an empty shell. The Conservative game is nothing but a manoeuvre intended to trivialize the Quebec nation.

Logic requires that the identity of Quebec be recognized; in the North American context, that the predominance of French in Quebec be recognized; that Bill 101 adopted by the National Assembly be recognized and respected since a statutory reference is possible. We have used an example on many occasions, the example of minimum wage legislation. The reality is that the Conservatives do not have the courage to move from words to action. The Quebec nation in a united Canada is just window dressing.

The leader of the Liberal Party of Canada has already publicly committed himself to the need to defend and protect the French fact in Quebec. Speaking of Bill 101, he said in 1997 it was, and I quote, “The opposite of a racist law.” He even told the Canadian Press that Bill 101 was a great Canadian law. In that context, I invite honourable members and, in particular, all members from Quebec, to support this bill.

[The Acting Speaker, Royal Galipeau]

I am sorry to have to interrupt the hon. member.

It being 6:30 p.m., the time provided for debate has expired.

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Royal Galipeau]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker, Royal Galipeau]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Royal Galipeau]

In my opinion the nays have it.

And five or more members having risen:

Pursuant to Standing Order 93 the division is deferred to Wednesday, May 14, just before the time set aside for the consideration of private members' business.

The House resumed from May 13 consideration of the motion that Bill C-482, An Act to amend the Official Languages Act (Charter of the French Language) and to make consequential amendments to other Acts, be read the second time and referred to a committee.

[The Acting Speaker, Andrew Scheer]

It being 5:30 p.m., the House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-482 under private members' business.

Call in the members.

(The House divided on the motion, which was negatived on the following division:)

Vote #110

[The Acting Speaker, Royal Galipeau]

I declare the motion lost.

It being 6 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.