Bill C-13

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

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

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

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

[The Speaker, Anthony Rota]

Pursuant to order made on Thursday, June 23, 2022, the House will now proceed to the taking of the deferred recorded divisions on the motions at report stage of Bill C-13.

Call in the members.

And the bells having rung:

The House resumed from May 10 consideration of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts, as reported (with amendments) from the committee, and of the motions in Group No. 1.

Opposition Motion—Immigration Levels

[Francis Drouin, Liberal, Glengarry—Prescott—Russell, ON]

Madam Speaker, I want to commend my colleague, with whom I have many discussions. Whether it be in Montreal, Laval or anywhere in Canada, we are all hearing employers say that there is a labour shortage in our economy. Obviously, one of the solutions to that problem is immigration, which can help counter that labour shortage.

For my francophone colleagues, in Bill C-13, we established a threshold of recovery to 1971 levels. We are looking back and we want to ensure that the demographic weight of francophones across Canada returns to what it was when it was first calculated in 1971.

[Francis Drouin, Liberal, Parliamentary Secretary to the Minister of Agriculture and Agri-Food]

Madam Speaker, before addressing the Bloc Québécois motion, I would like to extend my most sincere condolences to the family of Sergeant Eric Mueller and the two police officers who, unfortunately, were injured in Bourget, which is in my riding. I want to salute their courage and thank the community, including the police officers and first responders who responded to this tragedy.

I want to thank you, Madam Speaker, and the distinguished members of the House of Commons for giving me the opportunity to speak to the Bloc Québécois opposition motion concerning our government's immigration policy. It is important to point out that many considered efforts have been made by people across the country to support immigration, and that many different groups and think tanks have provided suggestions, comments and advice. The perspectives, including those of the Century Initiative report, are part of a national dialogue on immigration and are accessible by any member or Canadian. The only thing they do not represent is a government policy.

As a Franco-Ontarian, I would like to focus my remarks on one important aspect of the reform of Canada's language regime, specifically francophone immigration. Francophone immigration is one of the cornerstones of the Government of Canada's vision for official languages reform, which was announced in February 2021 in the document entitled “English and French: Towards a substantive equality of official languages in Canada”.

Francophone immigration has been the subject of numerous studies, reports and parliamentary debates, and often makes headlines in the Canadian media. There is no doubt that francophone immigration is one of the factors that will contribute to slowing the decline of French and increasing the demographic weight of official language minority communities.

Overall, our reform of Canada's language regime is based on two complementary components that include important measures on francophone immigration. First, legislative measures on francophone immigration are included in Bill C‑13 to strengthen and modernize the Official Languages Act. Second, seven new or enhanced initiatives for francophone immigration have been included in the action plan for official languages 2023-2028, with an investment of more than $137 million over five years.

Now let us talk about Bill C-13, which gives concrete expression to our desire to halt the decline in the demographic weight of francophone minorities, specifically by ensuring that the demographic weight is restored and increased. In addition to adopting a strengthened francophone immigration policy, the bill reiterates the importance of sectors that are essential to the development of official language minority communities, such as culture, education, health, justice, employment and immigration.

In addition, by strengthening part VII of the act and specifying the obligations of federal institutions to take positive measures and to evaluate their effects, federal institutions are encouraged to take positive measures in all of these key areas, for all of their policies, programs and major decisions.

I would now like to speak in more detail about our official languages action plan, entitled “Action Plan for Official Languages 2023-2028: Protection-Promotion-Collaboration”, which was unveiled to Canadians on April 26 at the Cité collégiale, where I had the pleasure of being a student, once. We are very proud of this plan, which includes a historic investment of more than $4 billion over five years.

Francophone immigration is one of the four pillars that define and guide our five-year official languages strategy. This pillar confirms our government's commitment to fostering the vitality of francophone communities by addressing economic and demographic challenges through francophone immigration. As I mentioned, this pillar represents new investments of more than $137 million over five years, divided among seven initiatives in support of francophone immigration.

The first initiative is the implementation of a new francophone immigration policy, similar to what is provided for in our bill to modernize the Official Languages Act, Bill C‑13. This new policy will include objectives, targets and indicators to guide the development and implementation of policies and programs across the entire continuum of francophone immigration, from promotion to selection and integration of French-speaking newcomers to Canada.

The second initiative focuses on targeted expansion and increased promotion and recruitment support in order to raise potential immigrants' awareness of francophone communities and the services and programs available in French.

The third initiative provides a corridor for the selection and retention of French teachers in Canada through interconnected initiatives that aim to boost foreign recruitment and retention of French and French-speaking teachers.

The fourth initiative involves establishing a strengthened francophone integration pathway to facilitate the settlement and integration of newcomers to Canada and bolster the reception capacity of francophone minority communities.

The fifth initiative focuses on creating a centre for innovation in francophone immigration that will enable francophone communities to take part in activities to promote, identify, support and recruit French-speaking and bilingual candidates.

The sixth initiative relates to developing a francophone lens that is integrated into the economic immigration program so as to improve the selection of francophone and bilingual immigrants.

Finally, the last initiative aims to provide and develop measures to help newcomers learn French or English by increasing grants and contributions therefore expanding the geographic coverage and improving the quality of language training for newcomers.

I would also like to add that, alongside these initiatives, which will be developed and deployed by my colleague, the Minister of Immigration, Refugees and Citizenship, Canadian Heritage backs the initiative to recruit and retain French and French as a second language teachers in Canada, which aims to recruit and retain teachers who are recent immigrants. Canadian Heritage also provides contributions to provincial and territorial governments for minority language services. Our agreements enable these governments to focus on enhancing services in priority sectors, such as francophone immigration.

Lastly, I also want to point out that, in the action plan for official languages 2023-2028, our government committed to promoting diversity, inclusion and equity through new initiatives designed to support more vulnerable clienteles. That is what we will do.

In conclusion, immigration is absolutely a pillar of our Canadian language reform agenda. We hope opposition party members in the House can see that we kept our promises with historic investments in excess of $4 billion over five years for official languages. We hope they will support Bill C‑13.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Madam Speaker, I will share my time with the member for Glengarry—Prescott—Russell.

I am very pleased to rise today to discuss a topic of deep concern to my community and my constituency of Lac-Saint-Louis.

Canada is confronting demographic issues and a serious labour shortage. Every time I am on the ground meeting with business owners, whether they come from the tourism, restaurant, farming or manufacturing sectors, they all tell me about the daily effects and challenges they face because of the labour shortage. For SMEs, the consequences are painful. They mean excessive workloads for employees and delayed or lost contracts, not to mention the economic losses that result nationwide.

Canada's current unemployment rate stands at an all-time low of 5% nationally, and 4.1% in Quebec. Although Canada's economy regained 129% of the jobs lost during the pandemic, this excellent news comes with its own set of problems.

Fifty years ago, there were seven workers for every retiree. Today, there are three for every retiree, and in less than 15 years there will be two. These figures speak for themselves. Canada's economy is growing faster than the ability of some employers to fill positions, and this has been the case for several years.

As I was saying, whether in the fishery, agriculture, forestry, mining, tourism or processing industry, and in every other industry for that matter, there is a significant labour shortage in our country. It is a problem that our government takes very seriously and is tackling with a multi-pronged approach. One way to address the labour shortage is through immigration, because 100% of the increase in labour currently comes from immigration. That is a direct solution to the labour shortage in addition to being the historical foundation of our beautiful and great country. However, in recent days, misinformation has been circulating, and I believe it is important to clearly point that out.

The Century Initiative is not a government policy. I again want to be clear. The government does not subscribe to the findings of this independent group and does not have as an objective increasing Canada's population to 100 million.

In November 2022, our government announced our immigration targets for the next three years. These targets were set based on Canada's needs, recognizing that immigration is essential to help businesses find the workers they need and to continue to grow our economy. It is important to remember that before we announce our targets every year, we consult with the provinces. Last November's targets were a reflection of current labour shortages, regionalization of immigration and francophone immigration.

I want to reassure the House. Increasing francophone immigration to halt the decline of French is a priority for our government and is even included in Bill C-13, which we will vote on at report stage this afternoon. Last year, we met our target of 4.4% of francophone immigrants outside Quebec, which is obviously good news.

We will not stop there. More recently, we announced our new action plan for official languages, which is more ambitious than ever. One entire pillar of that plan focuses on francophone immigration with an investment of $137 million. This is a historic first. The plan includes seven new measures to support francophone immigration, including additional support for employers to recruit francophone foreign workers and for newcomers to learn French.

Through Bill C‑13, we are also developing a new francophone immigration policy with clear objectives, targets and indicators to guide our action.

These examples show the importance of pursuing ambitious targets while trying to tackle current challenges too. On this side of the House, we believe in taking responsible action to address these urgent needs, which is exactly what we are doing.

Immigration levels are reviewed and revised every three years based on Canada's needs and capacities.

In conclusion, I would say once again that the Century Initiative is not a government policy and that our immigration targets are not based on its targets. Furthermore, immigration is a tool that will help us address the labour shortage. For a member from a region like mine, immigration is an essential part of regional economic growth.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, first of all, I am not an expert on Manitoban history, but we do need to be somewhat careful. I think there was a time when the majority of people in Manitoba spoke French, before French was banned from being taught in schools. We have to put things in perspective, from a historical point of view.

Today, it is true that there is an interest in French and immersion classes. It has even reached the point where, in many parts of the country, there is not enough capacity in French or immersion schools to offer spots to newcomers and children.

That being said, is French under threat? Yes. Will it always be threatened? Yes. Do we need to do more in Quebec and on the federal government side? Yes, absolutely.

I think that significant steps will be taken this afternoon when we pass Bill C-13. The same can be said of the agreement that was reached between Ottawa and the Government of Quebec regarding this bill and the place of French in federally regulated companies.

Yes, we applaud diversity, but we have to give ourselves the means to properly integrate people into Quebec's culture and history and into the beautiful French language. I think we all need to work towards that, but without pointing fingers at immigrants, without portraying them as a threat.

[Philip Lawrence, Conservative, Northumberland—Peterborough South, ON]

Thank you very much.

We don't want to hold this up. I do believe it is a serious issue to have this in the translation. To show that we are serious about that, the Conservatives would support unanimous consent in order to move forward to make sure we have the French, especially on a day when we're discussing Bill C-13 in the House. The Conservatives believe deeply that we are a bilingual country, and we must respect that.

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

[Caroline Desbiens, Bloc, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Mr. Speaker, I think that Quebec has always been open and friendly. It has always made an effort to reach out. Furthermore, that is what the leader of the Bloc Québécois often does. He has met with a great many francophones outside Quebec. This is constantly on our minds. I have no concern about Quebec being in harmony with the rest of francophone Canada.

The issue is that we cannot just protect French outside Quebec. We also need to protect French in Quebec. That is what is missing from Bill C‑13, which is absolutely worrisome and disappointing.

We will see what Quebec does.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Speaker, I would like to commend my colleague from Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix. I want to publicly announce that I am originally from her riding. I am very proud to have roots in Charlevoix.

Like her, I want to pay tribute to the people of Baie‑Saint‑Paul and Saint‑Urbain. I am thinking especially of the two volunteer firefighters who lost their lives in the floods. My thoughts are with their families.

I thank my colleague for that flight of oratory, for the poetry. Let us thank Mr. Duteil for his work, which my colleague did such a fine job of reading.

To begin, my colleague mentioned that it is up to Quebec to decide. I would simply like to remind her that this is a federal Parliament. The Conservative Party of Canada's mandate is to protect both official languages in Quebec—and we have worked closely with the Bloc Québécois on that—as well as in the rest of Canada, from coast to coast to coast. It is important to mention that.

I would like to hear my colleague's thoughts on the tactics the Liberals are using to delay the passage of Bill C‑13. It is important to understand that we are at report stage today. We are not at third reading. The Liberals are delaying the process. I would like to hear my colleague's thoughts on that.

[Marc Serré, Liberal, Parliamentary Secretary to the Minister of Official Languages]

Mr. Speaker, I really enjoyed the speech by my colleague, who spoke about how the French language will never be extinguished and about our culture and our identity. I can really relate to what she said about francophones in northern Ontario in relation to identity.

My father was here in the House in 1969, and he voted for the original Official Languages Act. I have always said that I am an MP today because of the work my father did on official languages. My father was asked in 1970 and 1971 to visit Quebec CEGEPs because he spoke French very well. It was a very important experience for him.

We are talking about Bill C-13 and co-operating with the province of Quebec and the Bloc Québécois. There has been some progress. Things are not perfect, but we are getting there.

Can my colleague comment on why the leader of the Conservative Party has not come out in favour of the bill?

[Caroline Desbiens, Bloc, Beauport—Côte-de-Beaupré—Île d’Orléans—Charlevoix, QC]

Mr. Speaker, I want to begin by taking a few seconds to acknowledge the courage and resilience of the people of Baie‑Saint‑Paul and Saint‑Urbain, which have been hit by violent flooding. The beautiful Gouffre River overflowed its banks, washing away many houses, trailers and cottages and destroying roads in our community.

It has been a very difficult week in Charlevoix. I spent all last week there with the people, touring the area in my rubber boots. I saw the damage and the devastation, but I also saw the solidarity, the comradeship, the vitality and the generosity of the people of Charlevoix and the surrounding areas.

Since we are talking about the French language, I would like to quote Charles Aznavour, who sang, “Misfortune brings out the best in people”. I cling to that. I commend the mayors, municipal teams, firefighters, police officers, the Red Cross and the many volunteers, community organizations and donors. I admire them. They are dear to me and are always in my thoughts.

Speaking of Charles Aznavour, poetry, songs and literature, I have listened to all the speeches, the rhetoric, the multiple definitions, the amendments and the debates surrounding Bill C-13 on official languages.

The cultural aspect of our language, of our mother tongue, was all but forgotten. French is not a language. French is much more than that. French is a door that opens up to what defines us and brings us together. It is not a tool for talking about the weather, talking about a dream or arguing. It is much more than that. French defines us. French is part of our DNA, despite the different times in our history when attempts were made to burn it down along with our homes, to extinguish it by banning it from being spoken at school, a ban imposed by the conqueror. Despite all the efforts to crush it, French persists because it lies at the foundation of culture, and language and culture go hand in hand.

No federal legislation is going to determine whether Quebec, France or any other country or people in the world speaks French. No Canadian federal legislation is going to determine the survival of this language. Our love for our language will keep it alive. That is what will determine whether we survive and whether our language survives. Love for one's language is a vehicle for culture, which intrinsically becomes the primary power for protecting the French language.

I suggest that those listening to us start thinking very carefully. Putting the screws to the lovers of a language only strengthens their motivation. I would advise my colleagues not to try to stamp out the French language. Indeed, the more effort they put into doing just that, the more it will get back up again, the taller it will stand and the more we will love it.

This is what is happening right now in Quebec. I am happy because I know that when Quebeckers are provoked, they do not take it sitting down.

I would like to acknowledge a great poet, Yves Duteil. He wrote a magnificent song dedicated to his friend, Félix Leclerc.

It is a beautiful language with splendid words
Whose history can be traced in its variations
Where we feel the music and smell the herbs
Goat's cheese and wheat bread
...
In this beautiful language tinted by the colours of Provence
Where the flavours can be tasted in the words
Where the party starts when people talk
And we drink up the words like they are water
...
It's a beautiful language on the other side of the world
A bubble of France in the north of a continent
Held in a vice but still so fruitful
Locked in the ice at the top of a volcano
It built bridges across the Atlantic
It left its home for another land
And like a swallow transported by the spring
It returns to sing of its sorrows and hopes
It tells us that in that far-off country of snow
It faced the winds blowing from all directions
To impose its words even in the schools
And that our own language is still spoken there
It is a beautiful language to those who know how to defend it
It offers treasures of untold richness
The words we lacked to be able to understand one another
And the strength required to live in harmony
And from Île d'Orléans to Contrescarpe
Listening to the people of this country sing
It sounds like the wind moving over a harp
And composing a whole symphony

I love French. I love the French language, and Bill C‑13 will not snuff it out.

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, I was happy to hear my colleague mention that he is aware that French is in decline in Canada. I think it is important to be clear-eyed and face the facts.

I would like to hear more from him about the initiative that the Liberals launched not long after Bill C-13 was brought up for debate in the House, after the committee study. I gather that there is a segment of the English-speaking community in Montreal, particularly the West Island MPs, who were not happy to see that French was going to gain some more rights in Quebec. In return, they decided to send a lot of money to the English-speaking community to both reassure and silence them, saying that there was no need to worry, because they would continue to anglicize Quebec through their funding.

I would like to know if the Conservatives are comfortable with all this funding, which is estimated to be approximately $800 million over the next few years.

[Marc Serré, Liberal, Parliamentary Secretary to the Minister of Official Languages]

Mr. Speaker, I really want to thank my colleague from British Columbia for his intervention today, for his work at the Standing Committee on Official Languages, and for his French.

He talked about his northern Ontario heritage and how his ancestors had 18 children. We could be related. The Serré family had 16 children. On my grandmother's side, in the Éthier and Racine family, there were 15 children. There were some in Kapuskasing as well. We could look at our family trees and see if there are any common branches.

I would like to add a comment. I met with representatives of the Fédération des parents francophones de Colombie‑Britannique and, obviously, with people from the FCFA, who represent francophones from across the country. I would like my colleague to say a few words about the measures in Bill C‑13 that are going to help his community in British Columbia.

In looking at the action plan for official languages, in which we invested $4.1 billion, as well as Bill C‑13, does my colleague see anything specifically that will help his community in British Columbia?

[Marc Dalton, Conservative, Pitt Meadows—Maple Ridge, BC]

Mr. Speaker, French and English are foundational to our nation. The bilingual nature of our country is in our DNA, and we do not want to lose it. Where I am from in British Columbia, as well as throughout this country, there has been a decline in French spoken at home. The French language and French Canadian culture are part of who we are, our tradition and our heritage.

I live in Maple Ridge. Right across from where I live is Fort Langley, which is where the first capital of British Columbia was situated. The French Canadian coureurs de bois, or voyageurs, were very much a part of that. Maillardville in Coquitlam is the hub of francophone culture in the Vancouver area. Every year, thousands come to the annual Festival du Bois, which highlights French Canadian music, dance, art and traditions.

I am glad there are hundreds of thousands of students, past and current, who have gone through French immersion programs in British Columbia. It speaks volumes about the interest in the language among the non-francophone population.

Francophone minorities in my province of British Columbia, as well as across Canada, have been calling for the modernization of the law on official languages for many years.

My mother put a lot of effort into trying to encourage me, or force me, to learn French. She put me with French families and gave me lists of verbs to learn, but I did not really apply myself very well. It was after I graduated from high school and started travelling that I realized there was real value in learning other languages and communication. I went on to take courses in university to study it. I am very appreciative of the effort my mother made. It has enriched my life.

I believe there is great merit in strengthening the bilingual nature of our country.

I am pleased to have this opportunity today to speak to Bill C-13, which modernizes the Official Languages Act. I have had the pleasure of serving on the Standing Committee on Official Languages for two or three years now, with a few interruptions. During that time, as a committee, we had the opportunity to hear from many individuals and organization representatives who shared their expertise and opinions on official languages in minority communities across Canada.

One thing is clear and unanimous. We need to modernize the Official Languages Act, particularly to address the decline of French in the areas of the country where it is a minority language.

I would like to talk a little bit about my francophone roots, my family lineage. What happened to my family happened to hundreds of thousands of other French Canadian families in western Canada who were originally from Quebec. My grandfather was Léopold Beaudoin. He married my grandmother, Alice, in the 1920s. At that time Quebec families had a lot of children. My grandparents had 18.

Like perhaps most people, my grandfather was a farmer. During this time, the population in Quebec was growing. There was less and less land to support the big families and provide enough food. They decided to move to Opasatika, near Kapuskasing, in Ontario.

As we all know, there is a large francophone community in northern Ontario. My mother was born there. However, after 10 years, they decided to start over in the Rivière‑la‑Paix region in northern Alberta. Many small francophone communities were established in the region, such as Falher, Girouxville, Saint‑Paul, Bonnyville and Morinville, and, beforehand, there were already towns such as Saint‑Albert and Leduc.

My father is Métis. He was born in Joussard. He later joined the Canadian Armed Forces. Whenever my family visited these communities, everyone spoke French. What is the current situation?

French is still spoken, but the demographic weight of francophones is decreasing. Farms are much bigger because of technological advances, and families have far fewer children. Furthermore, many of these children move to Edmonton, Calgary or other cities when they grow up. The situation is similar in Saskatchewan, Manitoba, Ontario and other provinces.

Francophones are proud of their heritage, their culture, their language. We want it to be preserved, but not as an exhibit in a museum. The French language should be vibrant and alive. It is a major challenge. We are in a sea of anglophones. Almost all business transactions and communications are in English. It is the same situation all immigrants end up in when they want to retain their heritage, their culture and their language but still speak the language of the majority, either English or French in Quebec. The difference is that French and English are the official languages of our country.

It is part of our heritage, part of our history as a country. Speaking of our heritage, I am a little disappointed in the Liberal government. I do not think they show enough appreciation for our heritage. For instance, on the new passport that the Liberals are introducing, they have erased the image of the Vimy memorial, where thousands of Canadians were killed during the First World War. It was a foundational battle for Canada as a nation. The Liberals have also erased the image of Terry Fox, a Métis like me and a world-famous Canadian hero. In my view, in their pursuit of wokeness, they are rejecting Canada's traditions and history.

I am not entirely convinced that Liberals are committed to protecting and promoting the French language. I say this with respect, and I am certainly not accusing all Liberals. The Liberal government has been talking about modernizing the Official Languages Act to better promote bilingualism in Canada for eight years now. The Liberals promised this when they first came to power, and it was still part of their election platform in 2019 and again in 2021.

We were just about to begin the debate on Bill C-32 in 2021, but what happened? The Liberals decided to call an unnecessary election during the pandemic, and that killed the bill. We had to start over. What is happening now? The Liberal government just added a dozen amendments to its bill. Why did it not do this during the committee study? It will only slow down the process. That is also what the Liberals did in committee, with 50 amendments.

These motions at report stage are not substantive amendments and could easily have been moved in committee. However, the Liberals once again decided to waste time. I wonder if they really want to pass this bill. We have a minority government, and the Prime Minister could easily call an election, which would once again kill this bill. I hope we will quickly move to third reading.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, as a member of Parliament who represents a great many anglophones, a minority community with unique needs in the Quebec context, I have studied Bill C-13 with a critical eye.

First, I would like to say that my community is not impressed by the Quebec government's pre-emptive, and one could say almost perfunctory, use of the notwithstanding clause to escape judicial and political scrutiny of its recent language legislation, Bill 96, and its law on religious symbols, Bill 21.

Quebec anglophones have a unique political perspective because they are a minority within a minority. This makes the community particularly understanding of the importance of minority rights, including francophone minority rights. This perspective leads to an inherent sense of fairness and moderation among Quebec anglophones that makes the community wary of government overreach that can harm not just minority-language rights, but minority rights generally.

My colleague from Mount Royal has put it well. Section 1 of the Charter of Rights and Freedoms allows for an override of rights where reasonable in a democratic society. Recourse to the clause when section 1 is otherwise available but deemed insufficient by the legislator is by definition a tacit admission that rights are being unreasonably suppressed.

The timing of Bill C-13 unfortunately intersects with the Legault government's heavy-handed approach to a legitimate objective, which is the strengthening of the French language against unrelenting pressures in the proverbial sea of English, pressures heightened by the new Internet-based communications technologies, a challenge our government is addressing through Bill C-11 and Bill C-18.

I believe Bill C-13 and Bill 96 have been conflated and a narrative has taken root that obscures key facts about this legislation and minority-language guarantees in Canada. Anglophones in Quebec have legitimate grievances with aspects of Bill 96, but Bill C-13 is not Bill 96.

As former Supreme Court Justice Michel Bastarache said, the objective in Bill C-13 is to give special attention to the French-speaking minority outside Quebec and it is not inconsistent with the interests of the anglophone community in Quebec. Let me quote the former Supreme Court justice:

I don't really know what it is in the bill [Bill C-13] that worries them. I don't think that promoting French takes anything away from anglophones.... One can help a community in trouble [that is, francophones outside Quebec] without harming another.... I don't think the anglophone issue in Quebec has anything to do with the federal government, but rather the Quebec government.

That said, in my view, we could have done without the preamble in Bill C-13, with its reference to the Charter of the French Language, and the confusion and controversy this has sown. In fact, there was an attempt to remove the reference, but that attempt was blocked by the opposition parties in committee. One would not expect co-operation from the Conservatives or the Bloc, but the lack of support from the NDP was disappointing.

Bill C-13's preamble refers to the fact of the existence of the Charter of the French Language, just as it also makes reference to iron-clad constitutional guarantees for minority-language communities across Canada, including the anglophone community in Quebec.

For example, the preamble states:

the Government of Canada is committed to enhancing the vitality and supporting the development of English and French linguistic minority communities—taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society—as an integral part of the two official language communities of Canada, and to fostering full recognition and use of English and French in Canadian society;

Preambles, however, are not the substance of a law. They are not normative, nor determinative. In fact, they have not always been included in Canadian legislation. According to an article by Kent Roach in the McGill Law Journal, between 1985 and 1990, only nine statutes had long and substantive preambles. Since then, there has been an increasing trend to incorporate preambles into legislation. As Mr. Roach puts it, “Once departments and ministries saw their colleagues using preambles, this created a demand for more preambles.”

The same article outlined different types and uses of preambles. In some cases, preambles are meant as a recognition of “the complexity...of modern governance” and as “an appeal...to embrace tolerance and diversity as part of what it means to be Canadian.” Roach gives the example of the preamble of the Canadian Multiculturalism Act, which states that “the Government of Canada recognizes the diversity of Canadians as regards race, national or ethnic origin, colour and religion as a fundamental characteristic of Canadian society”.

He continues by saying, “The symbolic nature of preambles means that they are often concerned with the politics of recognition” and they “frequently recognize goals that are in some tension with each other.”

He then adds, “By definition, preambles will be better in securing expressive as opposed to instrumental purposes because they do not impose rights and duties.” Here is a final quote: “courts have frequently been reluctant to give great weight to preambles.”

This all sounds a lot like Bill C-13's preamble. I will quote from the preamble: “the Government of Canada recognizes the diversity of the provincial and territorial language regimes that contribute to the advancement of the equality of status and use of English and French in Canadian society”.

In response to those who argue that preambles are interpretive, I would say that this is typically the case only when the body of law in question is not clear, which is not the case with Bill C-13. I will quote British case law in Attorney-General v. Hanover: “It is only when it conveys a clear and definite meaning in comparison with relatively obscure or indefinite enacting words that the preamble may legitimately prevail.”

I will quote Ruth Sullivan, from her book The Construction of Statutes, in chapter 14 on page 445: “Preambles must be measured against other indicators of legislative purpose or meaning, which may point in the same or a different direction. If there is a contradiction between the preamble and a substantive provision, the latter normally prevails.”

Finally, I will quote former Supreme Court Justice La Forest: “it would seem odd if general words in a preamble were to be given more weight than the specific provisions that deal with the matter.”

Bill C-13, in its body, is specific in its language, including with respect to the need to protect the interests of Quebec's anglophone minority. This would avoid any confusion that would otherwise require the courts to rely on the bill's preamble for interpretation.

For example, Bill C-13 would add, in black and white, the following to section 3 of the Official Languages Act: “For the purposes of this Act...language rights are to be given a large, liberal and purposive interpretation”. The body of the text also reiterates phrasing from the preamble on the federal government's commitment to enhancing the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development.

This brings me to the fear that Bill C-13's preamble endorses the pre-emptive use of the Constitution's notwithstanding clause.

Some contend that the reference to the Charter of the French Language in the preamble of Bill C-13 endorses the Quebec government's pre-emptive use of the clause, but the federal government has been clear that it does not approve of the pre-emptive use of the clause, whether against organized labour in Ontario or in both Bill 96 and Bill 21. The Attorney General has said clearly that the federal government will argue the point in court, specifically when Bill 21 reaches the Supreme Court.

Parliament also made its view known when it recently voted against the Bloc motion seeking to affirm the legitimacy of the pre-emptive use of the clause. I note that the Conservatives voted with the Bloc to support the motion affirming pre-emptive use. However, both together failed to carry the day.

These official parliamentary and governmental expressions of opposition to the pre-emptive use of the notwithstanding clause matter. As the Supreme Court said in 2023 in the case of Murray-Hall v. Quebec, “To analyze the purpose of a law, courts rely [also] on...extrinsic evidence, such as parliamentary debates and minutes of parliamentary committees”. This would include, in my view, statements by the government and votes in Parliament.

As such, there should be no confusion in a future court's mind that the federal government has no intention of legitimizing Quebec's pre-emptive use of the clause by referencing the Charter of the French Language in Bill C-13.

Finally, something that has been lost in this debate is that the notwithstanding clause cannot override minority-language education rights, nor the right to speak English in Quebec in the courts or in the National Assembly.

Some suggest that Bill C-13 would allow the Quebec government to ignore obligations to the anglophone community under federally funded programs delivered through negotiated agreements with the province, but those agreements are governed by section 20 of the Charter of Rights and Freedoms, which refers to the right of the public to communicate with and receive services from federal institutions in English and French, and by part IV of the Official Languages Act, which is meant to implement section 20.