An Act respecting the French language

Sponsor

Claude DeBellefeuille  Bloc

Introduced as a private member’s bill. (These don’t often become law.)

Status

Defeated, as of Sept. 28, 2022

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Summary

This is from the published bill.

This enactment amends the Canada Labour Code , the Official Languages Act and the Canada Business Corporations Act to ensure that these Acts are consistent with the Charter of the French Language in Quebec.
It also amends the Citizenship Act to require that permanent residents who ordinarily reside in Quebec must have an adequate knowledge of French in order to obtain citizenship.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-238s:

C-238 (2020) An Act to amend the Criminal Code (possession of unlawfully imported firearms)
C-238 (2020) An Act to amend the Criminal Code (possession of unlawfully imported firearms)
C-238 (2016) Law National Strategy for Safe and Environmentally Sound Disposal of Lamps Containing Mercury Act
C-238 (2013) An Act to amend the Income Tax Act (in-home care of relatives)
C-238 (2011) An Act to amend the Income Tax Act (in-home care of relatives)
C-238 (2010) Holocaust Monument Act

Votes

Sept. 28, 2022 Failed 2nd reading of Bill C-238, An Act respecting the French language

An Act respecting the French languagePrivate Members' Business

May 9th, 2022 / 11 a.m.

Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

moved that Bill C-238, An Act respecting the French language, be read the second time and referred to a committee.

Mr. Speaker, I would like to start by saying that I am challenging myself. On Friday, I participated in a Mental Health Week activity. I went to the open house event at Ancres et Ailes in Ormstown.

An anglophone participant come up to say hello, to thank me and to thank the Bloc Québécois for everything it is fighting for in Ottawa. He was aware of my bill on the French language; he even spoke to me about the bill we are discussing today, Bill C-238. I was very touched by his remarks and the fact that he clearly understands the fight for French in Quebec. He understands our assertiveness, which is accompanied by a real respect for anglophone communities. He also understands that French is threatened and that when French is protected, it is never at the expense of English.

I know he is not the only anglophone who supports protecting French in Quebec. I am grateful to this individual who also told me that he enjoys listening to my speeches and gently pointed out that I gesticulate and move around too much while delivering them. He challenged me to dial it down a little, so today, for his sake, I am making an effort to restrain the way I express myself.

I would like to challenge my colleagues from other parties. I know that a language bill can elicit a lot of passionate debate. Nevertheless, I know that, here in the House, we are capable of speaking to and understanding one another, so I am reaching out to all my colleagues. I hope this debate will give us all an opportunity for reflection. I hope we will be able to move beyond the usual arguments.

I would hope that, if my colleagues are genuinely curious and open-minded about the language situation in Quebec, they will come to the same conclusion as the Bloc Québécois, the Government of Quebec and all members of the National Assembly: Bill 101 must apply to federally regulated businesses. That is why Quebec must have the authority to choose its host language. That is the purpose of Bill C‑238.

When I ask around, it is a given. The language of work in Quebec is French. It is not particularly revolutionary or controversial to say that, in Quebec, people work in French. The language of work is one of the cornerstones of Quebec's language policy. French in the workplace is the result of an intense struggle by the generation that came before me.

The first thing I want to point out to members of all parties is that not all workers in Quebec have the same rights. I have never heard anyone complain that too much French is spoken in their workplace. Still, Bill 101 and its language of work provisions apply in all workplaces: in hospitals, in the service industry, in factories, in small convenience stores, in grocery stores, in technology companies, in retail and so on. Life in the Quebec workplace happens in French.

The beauty of Bill 101 is that it requires all workplaces to use French, yes, but it does even more. Perhaps my colleagues are learning this for the first time, and I do hope they are listening, but Bill 101 does not prohibit the use of another language, as long as all the information is available in French. A business can operate in any language, as long as the equivalent information exists in French. That is the beauty of Quebec's language policy. It respects other languages. Everyone agrees that we can come together around French. To reiterate, as the law stipulates, we can work in any language, provided that the equivalent information exists in French. However, the common language is French.

Bill 101 has been in force since 1977. This summer we are celebrating its 45th anniversary. The fact remains that even though every workplace has adapted to the provisions of Bill 101 with respect to the language of work, only one sector is dragging its feet. All sectors have done their part. All sectors have done what needed to be done. There is just one sector missing: federally regulated businesses. I humbly submit to my colleagues that this fact should come as a surprise to them.

All of my colleagues should wonder how it is possible that a SME or a restaurant is able to comply with Bill 101, but federally regulated businesses are resisting. How is it okay for these major businesses to fail to respect Quebeckers' right to work in French?

For 45 years a worker who repairs the tracks in Les Coteaux, in my riding, has not had the same linguistic rights as his colleagues who work on the municipal roads, and that has been tolerated. For 45 years a financial officer at a bank in Salaberry‑de‑Valleyfield has not had the same linguistic rights as her colleague at a credit union, and that has been tolerated. For 45 years a technician at a telecommunications company has not had the same linguistic rights as the people he provides high‑speed Internet to, and that has been tolerated.

I will say it again, and I am certain this is my colleagues' experience as well: I have never heard anyone tell me that the workforce in Quebec is becoming overly French. I wonder then what could possibly explain why we have tolerated for so long that there are two classes of workers in Quebec: those who have the right to work in French and the others, the federally regulated employees.

With its Bill 96, Quebec is going ahead with the reform of its Charter of the French Language. As I stated, Quebec already has a law that provides for the right to work in French for all Quebec workers. However, it has never been applied from the outset to federally regulated businesses.

To be very clear, the Government of Quebec moved an amendment to section 89 of the Charter of the French Language to clarify its intent to apply Bill 101 to federally regulated businesses. The amendment was adopted unanimously. All parties in the National Assembly of Quebec voted in favour of this amendment. Therefore, it is the clear will of Quebec's parliament. In my view, the federal government should accept Quebeckers' invitation to apply Bill 101 to federally regulated businesses.

My colleagues will be pleased to hear that the Office québécois de la langue française is already prepared to apply the Charter of the French Language to federally regulated businesses. It will provide professional services to help businesses with the francization process. There are some very interesting initiatives being worked on right now, and these initiatives will continue to be implemented.

I am sure that major corporations, like Air Canada or CN, will appreciate the helpful advice from the team at the Office québécois de la langue française and will be able to gradually introduce respect for and promotion of the French fact at all levels within their company.

After all, the effective use of French ultimately benefits their employees and their French-speaking customers. In other words, Quebec has the political will to right a historical wrong, namely that federally regulated businesses have not been consistently subjected to Bill 101, and Quebec has professionals who are available and ready to help.

I know that the Minister of Official Languages has introduced a bill to reform the Official Languages Act.

I will briefly summarize our position on that: We believe that this bill has some merit for francophone communities outside Quebec. These communities will determine whether the bill does enough. However, Bill C‑13 would create two overlapping language regimes in Quebec.

Bill C-13 offers businesses a choice to apply either federal provisions or the Charter of the French Language.

Our analysis indicates that even a modernized federal regime is not the best tool for ensuring that Quebec workers have the right to work in French. It is actually not surprising that Air Canada told the Standing Committee on Official Languages that it wanted to remain subject to the federal language regime rather than be subject to Bill 101.

One has to wonder about Ottawa's sudden desire to legislate on the French language at a time when Quebec is specifically stating its intention to apply Bill 101 to federally regulated businesses.

Let us not create legislative confusion between the Official Languages Act and Quebec's Charter of the French Language. Let us give every worker in Quebec the same rights. That is what Bill C-238 does.

My bill's second objective echoes the Bloc Québécois motion to recognize Quebec as a francophone nation. I want to reiterate that that motion was adopted by a strong majority in the House. The motion could have a number of practical implications. Given that language is central to the way Quebec thinks about immigration, I believe that Quebec has the right to make its own decisions regarding host language and integration.

Bill C-238 states that all permanent residents must have an adequate knowledge of French in order to obtain citizenship in Quebec. When I hear my colleagues in the House say that requiring knowledge of French as a criterion for permanent residents in Quebec is discriminatory, I am astounded, since Canada chose to recognize either French or English as a host language. This criterion reflects a legitimate societal choice.

However, when Quebec chooses its host language and language of integration and the Quebec government does everything in its power to help immigrants learn that language, all of a sudden it is an illegitimate choice. That is discriminatory, and, in my opinion, an entirely obsolete concept. Every nation in the world makes linguistic choices; that is normal. I am eager to see the Quebec nation have the right to what is normal.

I would like to take this opportunity to acknowledge the work done by L’Insulaire, a French learning centre, La magie des mots and the Centre du Nouvel-Envol, which offer French and francization courses in my riding, much like the ones offered throughout Quebec. These francization courses are often paid for by the government, in other words, with Quebeckers’ tax dollars, or by employers.

In one factory in my riding, I met with Victor, a young welder from Mexico who works full time and then some. He was proud to speak with me in French about his plans for a life and a future in Quebec. Thanks to his work and his francization courses, Victor has French-speaking friends and works in French; his children have access to quality education in French.

I am truly touched when I see and meet with immigrant Quebeckers who are learning French and love the language. In my opinion, Victor is a Quebec welder who is an asset for our community.

Bill C-238 will have no impact on the lives of people like Victor, who discovered the charm and beauty of the French language and immediately understood that learning French was key to actively participating in community life in Quebec. Bill C-238, with its provisions regarding the host language in Quebec, is simply intended to celebrate the French fact in North America.

Today, my goal was to create an opening and to share a little of my love for the French language with my colleagues, who, I am certain, will prove to be open.

I truly hope that this first hour of debate will give everyone an opportunity to reflect on the language issue in Quebec, and to become curious and inspired by Quebec’s struggle to protect its national language, a struggle we must support. Who better than the Government of Quebec, the only francophone state in north America, to actively champion this cause?

Passing Bill C-238 will give Quebec more tools to give new life to the French fact. Let us not stand in the way of the Quebec government or the Quebec nation. Let us love French enough to protect it. Let us pass Bill C-238.

An Act respecting the French languagePrivate Members' Business

May 9th, 2022 / 11:15 a.m.

Sherbrooke Québec

Liberal

Élisabeth Brière LiberalParliamentary Secretary to the Minister of Mental Health and Addictions and Associate Minister of Health

Madam Speaker, I would like to thank my colleague from Salaberry—Suroît for her speech.

I agree with many of the things she said in her speech, in particular the fact that the two official languages do not have equal status and that French is in decline in Quebec. However, we need to concern ourselves with minority languages across Canada and not just in Quebec.

I would like her to clarify a few points. She said that asking immigrants to take a French test would not have an impact on immigration. She gave the example of Victor, a young man in her riding.

I wonder whether taking a French test will not hold back some immigrants. Afterwards, I would obviously like for these people to learn French.

An Act respecting the French languagePrivate Members' Business

May 9th, 2022 / 11:15 a.m.

Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Madam Speaker, I would like to thank my colleague from Sherbrooke, a Quebec MP, for her question. Sherbrooke is a predominantly francophone city.

Personally, I do not see the French test as an obstacle, but rather as support we must provide for new immigrants. Sometimes people confuse the concepts of permanent resident and political refugee.

Let us be clear: For someone who is already in Canada and wants to become a Canadian citizen, it takes at least two or three years of effort and integration. In my opinion, if we welcome and support immigrants before they obtain their citizenship, francization is possible.

I see evidence of this every day, since my riding is home to several factories that employ immigrants. These newcomers are currently learning French, and the community supports them in their efforts to learn and integrate.

An Act respecting the French languagePrivate Members' Business

May 9th, 2022 / 11:15 a.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Madam Speaker, I would like my colleague from Salaberry—Suroît to know that we, Conservatives, will not argue with the Bloc Québécois.

I, too, love the French language. Several elements of Bill C-238 lead me to believe in a future for French in Canada.

In my colleague’s opinion, is this the most effective way to stop the decline of French in Quebec and across Canada?

An Act respecting the French languagePrivate Members' Business

May 9th, 2022 / 11:20 a.m.

Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Madam Speaker, we are members of the House here in Ottawa.

As members, the best decision we can make to protect the French language and, especially, to respect the Quebec nation—Quebec has full jurisdiction over its language of integration—is to apply Bill 101 to federally regulated businesses and to accept that Quebec will soon pass Bill 96, which also requires that Bill 101 apply to federally regulated businesses.

Since my Conservative colleague is also from Quebec, he is well aware that we want the federal government to respect the powers of Quebec’s National Assembly. Given the statistics on the decline of the French language, especially in the greater Montreal area, The National Assembly decided that we needed stricter measures. This involves the federal government’s agreement not to intervene and not to create two classes of workers in Quebec: those who are protected by the Official Languages Act and those who are protected by the application of Bill 101 to federally regulated businesses.

An Act respecting the French languagePrivate Members' Business

May 9th, 2022 / 11:20 a.m.

NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, I would like to thank the hon. member for Salaberry—Suroît for her speech, and for having introduced Bill C-238.

Does she have any suggestions about how to improve access to French courses for new Quebeckers who would like to learn or improve their French?

An Act respecting the French languagePrivate Members' Business

May 9th, 2022 / 11:20 a.m.

Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Madam Speaker, as I mentioned in my speech, there are many community organizations dedicated to integrating newcomers into French society. In fact, I would like to acknowledge the work of Centre de français L'Insulaire and Centre du Nouvel-Envol, organizations in my riding. The school board also offers a complete range of francization classes.

My riding, which is 85% Francophone, welcomes immigrants from the Philippines, Mexico and pretty much everywhere, and they learn French thanks to these community groups and the school board.

If the bill passes, it will provide those who want to become Quebeckers with a great opportunity to learn to speak French well. Our system is a good system.

An Act respecting the French languagePrivate Members' Business

May 9th, 2022 / 11:20 a.m.

Sherbrooke Québec

Liberal

Élisabeth Brière LiberalParliamentary Secretary to the Minister of Mental Health and Addictions and Associate Minister of Health

Madam Speaker, I am pleased to rise today to discuss Bill C-238 on the French language, sponsored by the hon. member for Salaberry—Suroît.

This bill is similar to bills tabled in previous sittings of Parliament. In the 43rd Parliament, we had Bill C-223, which would have required that immigrants living in Quebec have an adequate knowledge of Quebec, as well as Bill C-254, which sought to apply Quebec's Charter of the French Language to federally regulated companies by amending the Official Languages Act, the Canada Labour Code and the Canada Business Corporations Act.

Bill C‑238 essentially combines those two bills into one. We understand the Bloc's concern about the future of the French language, and we share that concern. As we acknowledged in the throne speech, the use of French is in decline throughout Quebec and across Canada. We have a responsibility to protect and promote French across Canada, including in Quebec.

Where we differ from the Bloc is in our response to this problem. In the last Parliament, the former minister of official languages tabled a document entitled “English and French: Towards a substantive equality of official languages in Canada”, which laid out our government's vision for official languages reform, and Bill C-32, our modernization of the Official Languages Act.

Together, these two documents represented the most ambitious reform of the Official Languages Act since its passage more than 50 years ago. They acknowledged the challenges faced by the French language from coast to coast to coast, including in Quebec, and they recognized for the first time that our government has a duty to protect and promote the French language. However, during our consultations with stakeholders across Canada over the summer, during the election campaign and after the election, we kept hearing that we needed to do more.

That is why, on March 1, in Grand-Pré, Nova Scotia, which is an important historical site for our Acadian community, the current Minister of Official Languages, a proud Acadian herself, tabled 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. This bill is noteworthy because it shares similar objectives with Bill C‑238, namely protecting and promoting the French language. However, it goes much further.

Bill C‑13 broadens the historical scope of the former Bill C‑32 by introducing even more protections for the French language. It ensures that francophones can work and receive services in their language, not only in Quebec, but in other regions of Canada with a strong Francophone presence.

That is why our government will not support Bill C‑238, because it does not protect and, by its very nature, cannot protect the French language and francophones from coast to coast to coast.

Let us compare the immigration provisions of Bill C‑238 with those in our bill. In the preamble to Bill C‑13, our government recognizes the importance of the contribution of francophone immigration to enhancing the vitality of French linguistic minority communities and that immigration is one of the factors that contributes to maintaining or increasing the demographic weight of those communities.

Moreover, our bill requires that the Minister of Immigration, Refugees and Citizenship adopt a policy on francophone immigration in order to enhance the vitality of French linguistic minority communities in Canada. This policy is to include objectives, targets and indicators, as well as a statement that the federal government recognizes that immigration is one of the factors that contributes to maintaining or increasing the demographic weight of French linguistic minority communities in Canada.

This is in addition to the administrative measures set out in the reform paper, which instruct the Minister of Immigration to set up a new francophone immigration corridor, recognize the importance of recruiting and retaining French-speaking and French-language teachers and increase opportunities for newcomers to learn French. There is a shortage of French-language teachers in Canada, particularly outside Quebec, and we need these measures in order to meet our francophone immigration objectives and to nurture the next generation of French-speaking Canadians.

As for the other part of Bill C-238, the section dealing with federally regulated businesses such as banks and airlines, here again, Bill C‑13 offers a more comprehensive solution.

Bill C-13 recognizes that Quebec has adopted the Charter of the French Language. In fact, it even creates a new law, the Use of French in Federally Regulated Private Businesses Act, which states that, in relation to communications with or services provided to consumers in Quebec or in relation to workplaces in Quebec, Quebec's Charter of the French Language applies instead of this bill if a federally regulated private business must be subject to the charter.

However, the Charter of the French Language does not protect francophones outside Quebec. As our government recognized in last year's reform paper, we have a duty to encourage federally regulated private businesses to promote the equal status of our two official languages in order to increase the use of French as a language of service and a language of work across the country.

That is what Bill C-13 does. We are making sure that Canadians have the right to work and be served in French in federally regulated private businesses in Quebec and other regions of Canada with a strong francophone presence. We require employers to communicate with their employees in French and prohibit discrimination against an employee solely because they speak only French or do not have adequate knowledge of a language other than French. We are also enacting legislation to ensure that consumers of goods and services have the right to be served in French.

These tools are necessary to support francophones across the country. That is what we are doing with Bill C-13, and Bill C-238 simply cannot do the same.

Once again, I would like to thank the member for Salaberry—Suroît for raising this extremely important issue. Like her, our government recognizes that the use of French is in decline across the country and that urgent action is needed not only to stop this decline, but also to reverse it and move toward a future where French grows stronger.

However, Bill C-238 does not and cannot do that. I hope that all members of the House will join us in passing Bill C-13 as quickly as possible so that we can meet the objective of protecting and promoting French from coast to coast to coast, including Quebec, for francophones across the country.

An Act respecting the French languagePrivate Members' Business

May 9th, 2022 / 11:30 a.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Madam Speaker, today I am speaking to Bill C-238, an act respecting the French language, which was introduced by the member for Salaberry—Suroît. I thank her for her work on this important piece of legislation.

Bill C‑238 does several things. It amends the Canada Labour Code and certain provisions of the Official Languages Act and the Citizenship Act. It also makes a change to the Canada Business Corporations Act.

As I said in a recent speech in this place, the experts tell us that French is becoming increasingly precarious, even across government and this very government's ministerial offices. Action must be taken immediately and judiciously to achieve the desired effects. In deciding which legislative measures to adopt to protect French, we need to build on existing rights and official language modernization statutes and listen to what official language minority community leaders tell us.

As we know, recognizing official languages tops the list of our most fundamental rights in this country. According to 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”. The charter guarantees that members of the public can communicate with and receive services from the federal government in the official language of their choice. There is no obligation to become bilingual under the charter.

We also need to bear in mind that Quebec has decided to modernize its own legislation to better protect the French language. We must salute the hard work of the members of the Quebec National Assembly who are about vote on and pass Bill 96, an act respecting French, the official and common language of Quebec.

Bill C‑238 has been introduced in a context that has not occurred in Canada for decades. Right now, provincial and federal language laws are being reviewed from top to bottom, including in Canada's only bilingual province, New Brunswick.

As I was saying earlier, Bill C‑238 amends the Citizenship Act in order to ensure, among other things, that permanent residents who ordinarily reside in Quebec must have an adequate knowledge of French in order to obtain citizenship. I would remind the House that these changes to the Citizenship Act are the same as the ones proposed in another bill, Bill C‑223, which the Conservatives supported at second reading before the last election.

In addition to the citizenship aspect, Bill C‑238 also proposes amending the Canada Business Corporations Act so that “the name of a corporation that carries on business in the Province of Quebec shall meet the requirements of the Charter of the French Language”. This proposal needs to be analyzed in relation to what the Charter of the French Language already does in Quebec and especially in relation to the scope it will have once Bill 96 is passed.

Bill C‑238 also proposes amending the Canada Labour Code by adding a new provision just after section 4, which stipulates that “any federal work, undertaking or business operating in Quebec is subject to the requirements of the Charter of the French Language”.

If this amendment is applied, will it be consistent with the rest of the federal legislation, including the new Charter of the French Language? That is the question. It is clear to me that federally regulated businesses in Quebec should not aim for the lowest common denominator. We do not want more of what is happening with Air Canada, CN and so on.

Bill C-238 also proposes amendments to the Official Languages Act to add an undertaking that the Official Languages Act will not obstruct the Charter of the French Language. Is the term “obstruct” sufficiently clear and precise? We certainly must ask ourselves how the new version of the Official Languages Act, which could be passed in a few weeks, will work with the Charter of the French Language in Quebec.

I also note that the measures in section 43 must be implemented in a manner that is consistent with the objectives of the Charter of the French Language. How will the courts rule if this provision is adopted?

I agree with several of the underlying principles of this bill, in particular the vital importance of preserving the French language and stopping its decline. I believe that we all share legitimate and common concerns about making the Official Languages Act a modern, effective act that will achieve its objective of ensuring respect for French and English as the official languages of Canada.

Setting aside the objectives themselves, I believe it is important to point out that, as legislators, we must ascertain the optimal way of implementing these objectives to protect the French language and ensure respect for the official languages. I believe that it is important to keep in mind the progress of the work of the House. Bill C‑238 is being introduced while Bill C-13, which seeks to amend many provisions of the Official Languages Act, is in the process of being passed.

Before I vote on this bill that was introduced not long ago, I plan to carefully go through all of the underlying details regarding the proposed measures. There are a number of angles to consider and I encourage all of my colleagues to do the same. Nicolas Poussin, a 17th-century French painter, once said that anything worth doing is worth doing well. As legislators, we must determine the best way to achieve our objectives. To better protect the French language, we need the best bills and therefore the best possible amendments, all working together as one to create an effective body of law that addresses the problems.

After studying Bill C‑238, we will have to determine whether this bill provides all of the tools required to achieve the objectives that I described. I want my colleagues to have enough time to study this bill in depth. I will keep repeating that if we want our country's bilingualism to remain a unique and appealing feature, with English and French as our two official languages, we must act now to stop the decline of French. We must protect and promote French so that it can continue to develop.

An Act respecting the French languagePrivate Members' Business

May 9th, 2022 / 11:40 a.m.

NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Madam Speaker, I am very pleased to rise today in the House to talk about something that is so important for Quebeckers, as well as for all francophones in Canada and North America.

I would like to thank my colleague from Salaberry—Suroît for introducing Bill C-238 and giving us the opportunity to have this vital discussion in the House of Commons.

From what I hear from my colleagues, I think that we are all concerned about the status of French, its place in Canada, the respect it receives, and making sure it is defended and promoted in Quebec and in the rest of Canada.

It is in this context that, during the last Parliament, the House unanimously adopted a motion recognizing the decline of French in Canada and Quebec. I remember it well, because I am the one who tabled the motion. I am very pleased to have personally contributed to this discussion so that, together, we can make an effort to ensure that French remains the common language in Quebec and that francophone minority communities are better protected and have access to cultural activities and the right to work in French.

The first part of Bill C‑238, which we are debating today, is extremely important. The NDP has agreed with this principle for years. Ever since the Sherbrooke declaration, we have wanted the principles enshrined in the Charter of the French Language to apply to federally regulated companies. It is a matter of equal rights for workers. It is also a matter of defending the French language. The right of these employees to work and communicate in French within their company is fundamental. That is why, for years now, under the leadership of Jack Layton, then Thomas Mulcair and now the hon. member for Burnaby South, the NDP has been advocating for employees working in federally regulated companies in Quebec, whether it be in air transportation, marine shipping or telecommunications, to have the same rights as other workers.

The current situation is completely absurd. If someone works for a credit union, they have the right to demand that their employment contract and communications with their employer be in French. That has always been the case, and there has never been a problem. However, someone who works for Royal Bank or the Bank of Montreal does not have the same right. This is a double standard, since all of these institutions are banks. The employees do not have the same rights or recourse, so we really need to find a solution.

That is why, for years now, the NDP has wholeheartedly agreed with the proposal set out in the first part of the member for Salaberry—Suroît's Bill C‑238. In our opinion, it is very important. We support this goal and we want to see it achieved. We must avoid the fiascos we saw with Air Canada and Canadian National, as well as the attacks on French-language universities like Campus Saint-Jean in Alberta and Laurentian University in Ontario.

Whether through laws enacted by Quebec’s National Assembly such as Bill 96, which our Conservative colleague mentioned earlier, a bill like the one presented in the House, or the proposal to modernize the Official Languages Act, we need to work together to fight the decline of the French language and ensure French is promoted and remains strong in Quebec and across the country.

Since we are talking about the situation of the French language, I will take this opportunity to express my concern about the use of certain indicators and send a message to my colleague, the hon. member for La Pointe-de-l’Île. I cannot raise this issue in the Standing Committee on Official Languages because we do not have enough time. I will therefore take the time now to say that I am very concerned about what I see as the abusive use of criteria and indicators of the first language and main language used at home. I do not find these indicators and criteria particularly revealing or even appropriate to describe the situation of the French language. Let me explain.

I find that the whole idea of Bill 96 is precisely to reduce the importance of the first-language indicator. Since we want children of immigrants to go to French school, their first language should not count and will count less and less. The more immigrants we host who are not francophone, the less valid this indicator is, since they must learn French in school and will then become francophone.

With respect to the language used at home, in the Quebec nation, which is a nation of immigrants, children may continue to speak their parents’ first language at home. That is okay, and it is normal. What is important is that French be the language used in the public arena and at work. That is my opinion and we can debate it, but I think that these criteria are much more important in a modern Quebec and an immigrant society.

I will give an example that my spouse will not like. My spouse is anglophone. Her second language is Armenian. Her third language is French. She works in French. She prepares communications. She writes in French. Therefore, based on the first-language criterion, she is not francophone, even if she works in French 99% of the time and interacts in the community with neighbours and in stores in French. If we look at the primary language used at home, when I am not at home, she speaks with the children in English so that they can learn English. Therefore, when I am not at home, she is not francophone, either. On the other hand, when I am at home, she is francophone because we speak French.

Is this an exceptional case? No. I have four employees, two of whom are in exactly the same situation. One is Colombian, and the other Italian. Their first language is not French, the primary language they use at home is not French, but they work and function in Quebec society in French. We need to be careful with these indicators. I think that we should choose them carefully to get an accurate picture.

The problem with the bill before us today is in the second part, which states that all immigrants must take a French test to obtain citizenship. It is important to note that Quebec already controls economic immigration and that the number of points granted for knowledge of French significantly favours francophones. That is great for people who want to come work and settle in Quebec and build Quebec society with the rest of us. For economic immigration, we essentially have all the tools we need. The National Assembly and successive Quebec governments have found ways to prioritize francophones who already speak French.

Where federal jurisdiction over immigration comes into play is with family reunification and refugees. As a progressive party, the NDP considers the French test requirement for people arriving here under family reunification and refugee provisions to be unreasonable. Their personal situations are so different that their access to citizenship should not be delayed just because they do not speak French. Delaying access to citizenship also means delaying access to voting rights and participation in our society's democratic life. That worries me, and I do not think this is the best available tool. There are many other things that could be done rather than imposing this on refugees who come here because they are fleeing war and trying to save their lives.

The second problem with requiring knowledge of French for citizenship is that this bill does not take interprovincial migration into account. Someone who does not speak French and does not want to do the French test in Quebec to obtain citizenship can just go to New Brunswick or Ontario, do their test there, get their citizenship and then move to Quebec, so this idea will not really work. I think the idea is fine, but not very practical.

An Act respecting the French languagePrivate Members' Business

May 9th, 2022 / 11:50 a.m.

Bloc

Mario Beaulieu Bloc La Pointe-de-l'Île, QC

Madam Speaker, Bill C-238, which was introduced by a member of the Bloc Québécois, includes two proposals on which there is broad consensus in Quebec.

The first part of the bill seeks to amend the Citizenship Act to ensure that permanent residents who reside in Quebec have an adequate knowledge of French in order to obtain citizenship. Under the current legislation, Canada requires knowledge of English or French. Accordingly, a person can get their citizenship and settle in Quebec without knowing how to speak French. Quebec thinks it is only reasonable for people to have a knowledge of its only official language before being granted citizenship.

What my colleague fails to grasp is that people who arrive under the family reunification program will be here for several years before they apply for citizenship. I therefore do not see why we would not encourage them to learn French. That is what the current Quebec government wanted to do in another way by requiring people to pass a French test in order obtain permanent resident status.

A survey showed that three-quarters of Quebeckers believe that the francization of immigrants is vital to the future of Quebec and that a basic knowledge of French should be mandatory in order to live in Quebec.

The first time the Bloc introduced a bill to this effect, it was simply rejected. It was deemed unconstitutional and therefore non-votable, even though the parliamentary law clerks disagreed. We were more or less told that taking measures to integrate immigrants into francophone Quebec was unconstitutional.

We introduced the bill a second time in 2021. This time, it was not declared unconstitutional, but it was defeated because it did not receive the support of the Liberals or the NDP. The only NDP member from Quebec told us that it was a divisive measure that excluded new immigrants. The odd thing is that no one ever says that requiring English is a divisive measure that excludes new immigrants. Our measure is actually the opposite of divisive. The best way to include new immigrants and form a cohesive society is to make sure that they know Quebec's official and common language.

The second part of our bill seeks to apply the Charter of the French Language to federally regulated businesses. This measure has widespread support in Quebec, having been endorsed by all the former premiers, the big city mayors and the major unions. It was the subject of a unanimous motion in Quebec's National Assembly.

The Bloc Québécois has introduced multiple bills to this effect since 2009. The most recent attempt was my colleague from Beauport—Limoilou's bill during the last Parliament. That is the time we came closest to success. The bill passed second reading after receiving the support of all parties except the Liberals. It then died on the Order Paper, because the Liberal Prime Minister called an election. There is still a legal vacuum, meaning federally regulated private businesses are not subject to any regulations.

Through its reform of Bill 101, the Quebec government intends to apply the Charter of the French Language to all companies in Quebec, including federally regulated businesses. However, the Liberal government wants to stop it by making Bill 101 optional, so that companies get to choose between Bill 101 and the federal Official Languages Act.

The Quebec minister responsible for Canadian relations and the Canadian francophonie, who is usually very discreet, even told the federal government to keep its hands off when it comes to Quebec.

When Air Canada representatives appeared before the Standing Committee on Official Languages, they were asked this question and were quick to say that they prefer to be subject to the Official Languages Act.

The Liberals tell us that their new bill modernizing the federal law uses Bill 101 as a model for the Official Languages Act in terms of federally regulated businesses. This is not true. Canada's language law and Bill 101 are based on very different and contrary approaches. Canada's language law, the Official Languages Act, is based on an approach that does not aim to strengthen French in Quebec, but rather to strengthen English-language services and the anglophone community in Quebec.

It is based on what language planning experts around the world call the personality principle, that is, a policy of institutional bilingualism based on individual rights, on the right to choose one official language or the other, that is, English in Quebec.

Throughout the world, it has been noted that this model of language policy allows the stronger language to develop to the detriment of the more vulnerable one. This can be seen in the assimilation rates of francophones outside Quebec, which increase with each census.

The other major approach to language planning is based on collective and territorial rights. It aims to establish an official and common language in a given territory. This is the approach of territorial bilingualism or multilingualism used in Belgium or Switzerland, for example. These are the models that André Laurendeau, who first suggested the Laurendeau-Dunton commission, referred to. Guillaume Rousseau, a lawyer from Quebec who specializes in language law, said that “virtually all language policy experts around the world believe that only a territoriality-based approach can guarantee the survival and development of a minority language”.

The Charter of the French Language is based mainly on this approach, although it has been considerably weakened by legal challenges funded by the federal government and decisions handed down by the federal courts under the Constitution Act, 1982, which imposed the principles of the federal law despite the fact that no Quebec government has ever ratified them.

Bill 101 sought to make French the common language in the workplace, whereas the Official Languages Act gives people the right to work in French or in English. It strengthens bilingualism rather than the French language. For example, Bill 101 protects Quebec workers from reprisals or sanctions if they speak only French. The new federal law includes similar measures with fewer remedies and less effectiveness, but it also protects anglophones who wish to continue working in English in Quebec at federally regulated businesses.

Bill 101 imposes the predominance of French in signage. It seeks to generalize the use of French at every level of the business. There is nothing of the sort in the new Official Languages Act proposed by the Liberals. Their bill does not give French predominance as the language of work, the language of communication with consumers, or the language of signage.

The decline of French in Canada and Quebec is increasingly worrisome. For example, language transfers for allophones are typically toward English. For years, my NDP colleague has been advancing the wrong-headed argument that indicators such as mother tongue and language used at home are unimportant, when every demographer agrees that they are in fact extremely important. They do not exclude anyone; they are linguistic indicators. When used properly, the linguistic indicators, even those relating to language of work and the common language, all point in the same direction. It is a false argument.

As I said, the decline of French in Canada and Quebec is increasingly worrisome. According to Statistics Canada, by 2036, the relative weight of Quebec's French-mother-tongue population could have dropped to 69%, and the weight of Quebeckers who speak French most often at home could have dropped to 73.6%. This means that there will also be a decline in French as the language of work. Quebec has its back to the wall. We cannot go back any farther. What happens to our bill will say a lot about the future of French in Quebec and Canada.

For 52 years, or since always, actually, the biggest adversary of French as the common and official language of Quebec has been the Canadian government. For the first time, the federal government has admitted the obvious: that French is in decline and that the government has a responsibility to promote French across Canada, including in Quebec. Is this just more smoke and mirrors from the Liberals to try to win a few more francophone votes in Quebec?

That seems to be the explanation, because, as we saw, they are not changing their position. They are still against applying Bill 101 to federally regulated businesses. The two measures in our bill will certainly not solve everything, but they will respond to what Quebec is looking for.

In conclusion, if no changes are made to the Official Languages Act, Quebeckers will have to once again ask themselves a critical question that is becoming more and more real: Is the choice between assimilation and an independent Quebec?

An Act respecting the French languagePrivate Members' Business

May 9th, 2022 / noon

The Assistant Deputy Speaker Carol Hughes

Before we resume debate, I will advise the hon. member that, unfortunately, I will have to interrupt him at one point.

The hon. parliamentary secretary to the government House leader.

An Act respecting the French languagePrivate Members' Business

May 9th, 2022 / noon

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I listened attentively to members talk about what is no doubt a very important issue.

I think of Canada and our great diversity. No matter where I have been in the world, I often boast about Canada's diversity, and a part of that diversity, the founding of our nation, is the fact that we are a bilingual nation. We are a nation that supports, from a federal perspective, English and French.

When I reflect on the province of Manitoba today, and compare it to the early 1970s, before Pierre Trudeau brought in such a heavy emphasis on learning French in our school system, Manitoba has benefited by having a national government that wants to recognize the importance of the French language and ensure that Canadians from coast to coast learn more French.

The House resumed from May 9 consideration of the motion that Bill C‑238, An Act respecting the French language, be read the second time and referred to a committee.

An Act respecting the French languagePrivate Members' Business

September 26th, 2022 / 11 a.m.

Orléans Ontario

Liberal

Marie-France Lalonde LiberalParliamentary Secretary to the Minister of Immigration

Mr. Speaker, thank you for the opportunity to speak to the House about Bill C‑238 regarding the French language.

Everyone in Canada cares about protecting the French language. The latest census data show that French is in decline in Quebec and the rest of Canada. We must act swiftly and collectively. Our government agrees with the Government of Quebec on this matter. I think that everyone in the House has a shared objective to protect and promote the French language, although we disagree on how to do so.

The approach to the future of French in Canada set out under Bill C‑238, introduced by the Bloc Québécois, is very narrow. This bill takes a Quebec-centric approach to our language regime without regard for francophones across Canada, from coast to coast. In addition to the millions of Quebeckers who share the common language of French, there are more than one million francophones outside of Quebec who live, work and thrive in French. My francophone community in Orléans is just one example.

The Bloc Québécois is calling for the recognition of Quebec's language regime, enforcement of the Charter of the French Language for federally regulated private businesses located in Quebec and the requirement that those hoping to obtain Canadian citizenship while living in Quebec have an adequate knowledge of French.

Although we share the Bloc Québécois's concern over the future of French in North America, we do not agree with their solution. We believe that we must take a targeted approach to protect and promote French across Canada. That is what our government proposed in 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, which we introduced in the House on March 1.

It is important to note that Bill C‑238 adopts a narrow view of the future of French, while our Bill C‑13 recognizes not only the linguistic reality of Quebec, but also the language regimes of other provinces and territories in Canada. Let us be clear, Bill C‑238 does nothing for francophones outside Quebec, while Bill C‑13 plans to create new rights for consumers and employees who work at federally regulated private businesses in Quebec, but also in regions outside Quebec with a high francophone presence.

Comparing the provisions of both bills, it is clear that the vision is narrower in one case and broader in the other, that the approach is exclusive in one case and more inclusive in the other, and that the priority is provincial in one case and national in the other. Bill C‑238 will fail to meet the expectations and demands of the majority of Canadians with respect to our two official languages.

This Bloc Québécois bill simply does not meet the priorities of francophone minority communities in provinces and territories outside Quebec. Bill C‑238 does not meet the needs of English-speaking communities in Quebec.

For these reasons, the government cannot support Bill C‑238. As I mentioned at the beginning, we are not against Bill C‑238's objectives. We are opposing the bill because there is so much missing in terms of adapting it to the reality of official language minority communities.

In other words, its vision is too narrow and lacks ambition. We are against Bill C‑238 because we want to go much further. The measures in our Bill C‑13 are ambitious and fine-tuned to meet communities' current and future needs.

Bill C‑13 covers broader segments of our Canadian linguistic regime and will have a real impact on the lives of Canadians. It covers the appointment of Supreme Court of Canada justices, enhances the Commissioner of Official Languages' powers, supports official language learning and addresses francophone immigration. In short, Bill C‑13 does more of what Canadians want than Bill C‑238 ever could.

Bill C‑13 offers a vision for francophones in Quebec and for all Canadians, because the Official Languages Act must reflect their needs and realities too. We are all aware of the facts. Canada's francophone population is declining; our government has clearly acknowledged that. We are also aware that Canadians want to be able to learn official languages. They want to be able to use them in their everyday lives. They want to enjoy the benefits of having French in Canada and of living in an officially bilingual country. Our Bill C‑13 meets those needs and puts forward a real, pan-Canadian vision for Canadians.

It is just such a pan-Canadian vision that is lacking in Bill C‑238. That is why we cannot support this bill. Together, we can reverse the decline of the French language, but we all have to work together to make that happen. That means reaching out to official language minority communities and coming up with policies and programs that meet their needs.

To conclude, let me say to my fellow members that I hope all parties will work with us to pass Bill C‑13 as quickly as possible.

An Act respecting the French languagePrivate Members' Business

September 26th, 2022 / 11:10 a.m.

Bloc

René Villemure Bloc Trois-Rivières, QC

Madam Speaker, it would be a mistake to oppose Bills C-13 and C-238, so I cannot agree with my colleague.

Bill C-238 aims to amend the Canada Labour Code, the Official Languages Act, the Canada Business Corporations Act and the Citizenship Act. I would like to start by telling my colleagues that, when they vote on this bill, they will not be doing Quebec any favours. What they will be doing by voting for Bill C-238 is correcting a historical error and giving justice where justice is due.

Everyone understands that Canada was founded by the French then conquered by the British a very long time ago. The two peoples have since lived together in times of peace and in more difficult times. Our history includes victories for some, and bitter losses for others. French Canadians became Quebeckers and chose to assert themselves, shouting until they were blue in the face that their culture, their identity and their language were precious to them.

In 1977, under Camille Laurin, Quebec enacted the Charter of the French Language, also known as Bill 101. Bill 101 made French the official language of the Quebec government and courts. French was now recognized as the normal and everyday language of work in education, trade, communications and business. Bill 101 enshrined in law the fact that French was the language of the majority. The French language was precious and statistically a minority language within English-speaking North America. That is why it needed protection.

Of course, not everyone was happy about Bill 101. Although it protected the anglophone minority in Quebec, which, incidentally, is the best-protected minority in Canada, the bill was challenged and cut back. Opponents tried to render it meaningless, and some of their efforts were successful.

Now we are in 2022, and statisticians have confirmed that the French language is in decline in Quebec, especially in the magnificent island of Montreal. I remember walking with my son on Notre-Dame Street in the middle of Saint-Henri, a neighbourhood Yvon Deschamps described as a place where francophone workers and the poor lived and worked. I remember seeing that the snack bars had been replaced with Internet coffee shops with English names. A very nice student from Toronto who had come to work there as part of a French immersion program spoke to us in English and understood nothing of our “gibberish” as we spoke French. I asked for “un espresso, s’il vous plaît”, and he answered, in as friendly and innocent a manner as can be, “Sorry, I don’t speak French”. This experience was repeated throughout our walk down Notre-Dame Street. Not only was the street anglicized in terms of language, but also in terms of social context. We could have been in Toronto, or anywhere in the globalized world. There is not much difference between “un espresso” and “an espresso”, but, still, French did not seem to be important.

Make no mistake: I have nothing against English. Rather, I am simply saying that I am pro-French. Coming back to the example I gave earlier, I find it curious that a student from Toronto who wants to broaden their horizons would come to Montreal, just to work in English in a café located in an area that was historically francophone but has since become primarily anglophone. So much for French immersion.

Beyond the statistics pointing to the decline of French in Quebec, simply walking through the streets of Montreal confirms it. From Second Cup to Five Guys, my beloved French is suffering.

It is important to understand that beyond fulfilling a simple communication function, language is also a political statement and, above all, a mindset. A bit of an explanation is in order.

Let us start by asking the following question: What is language? It is, first and foremost, a matter of linguistics. Language must first be regarded as a system of signs connecting words, drawn from a lexicon and according to specific grammatical rules established by a syntax. Language is the ability to express an idea and communicate through a system of signs. This is where we have a problem.

The rampant anglicization of Quebec society prevents people from thinking in French, creating in French and being French. Globalization, which made Céline Dion popular from Algeria to Indonesia, has also flattened cultures, all cultures except for one, the Anglo-Saxon culture. We were told that globalization liberated cultures whereas, in reality, it simply made people want to or have to live in English.

Language is all about communicating and thinking. Globalization has brought with it the danger of what I call a single mindset, which occurs when what is essential is no longer distinguished from what is secondary, when far-reaching intellectual projects face the powerful inertia of pervasive mediocrity and small-mindedness, and when tastes and ideas become homogeneous.

It is the very perception of existence that is at stake when we talk about a single mindset. English dominates the world and now serves as the platform for this single mindset. That is why we must resist. That is why we are studying Bill C-238 today.

Six living Quebec premiers supported the Quebec government's motion to the effect that the French requirement should apply to federally regulated businesses in Quebec. The fact that it is not being applied is anachronistic and can only be aimed at exacerbating the decline of the French language.

The former Bill C-223 proposed that those applying for citizenship in Quebec would need to possess an adequate knowledge of French. The fact that this requirement has not already been implemented is equally anachronistic and again can only be aimed at exacerbating the decline of the French language in Quebec.

This is why the Bloc Québécois is categorically opposed to the federal government's attempt to supersede provincial legislation in Quebec with its own law.

The federal government needs to recognize that the Government of Quebec must remain in charge of language planning within Quebec. Language is a fundamental aspect of the specificity and identity of the Quebec nation.

This is the most important part: We must preserve French in order to preserve freedom of thought. That is why I suggest that members of Parliament right a historical wrong and vote in favour of Bill C-238.

An Act respecting the French languagePrivate Members' Business

September 26th, 2022 / 11:15 a.m.

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, I am very happy to be participating in this debate. Before getting to the crux of the matter, I would like to send my best wishes to all of the Canadians and Quebeckers affected by hurricane Fiona. We were all stunned to see the devastation in the Atlantic provinces, as well as in the Magdalen Islands and on the Lower North Shore in Quebec. Our hearts go out to the brave residents who must now cope with the aftermath.

As the Deputy Premier of Quebec said, there were no serious injuries or deaths in the Magdalen Islands or on the Lower North Shore. The rest is just material things, but I do realize that people need material things to live. I would like to send my regards to the people who are facing this reality today, and I extend my heartfelt thanks to the first responders helping out on the ground in every province, including the military and public safety personnel.

I just want them to know that all of us in the House of Commons are here for them. If anyone needs anything at all at the federal level, Canada will be there to respond. This situation affects us all. Nature is bigger than any of us could ever be.

Today we are discussing the French language. Today we are discussing the official languages. Today we are discussing a reality that is demographically indisputable: The French language is in decline in Canada and Quebec.

This is nothing new at the sociological, demographic or geographical level. Consider the following: The population of North America, by which I mean Canada and the United States, our closest neighbour, is almost 380 million. Of that number, fewer than eight million speak French. Everyone else speaks English as their primary language.

That is like meeting a group of six people, five of whom speak English and one of whom speaks French. That is not quite precise, but I am rounding off the numbers to give an example that speaks for itself. From a mathematical point of view, the French-speaking person will feel dominated by the other five, who speak English. That person will feel strongly tempted to speak the language of the other five.

As I will explain later, wanting to speak two languages does not mean that we want to obliterate our first language.

In addition to this demographic reality that speaks for itself, the figures and the science show that the French language is indeed on the decline in Canada, especially in Quebec. According to the most recent figures from Statistics Canada, between 2016 and 2021, the number of French speakers went from 7.7 million to 7.8 million. Some of my colleagues may say that the opposite is true and that I am misleading the House by saying that the French language is in decline in Quebec when more people now speak French.

It is important to put this in perspective. The proportion of French speakers has declined from 22.4% to 21.4%. Yes, Statistics Canada's figures show that the French language is in decline throughout Canada. The situation is the same in Quebec, only worse. Five years ago, there were 6.4 million people in Quebec whose first language was French. Today, there are 6.5 million. This is an increase in number, but a decrease in percentage, from 79% to 77.5%. We completely agree that the French language is in decline and that something must be done.

We know that the New Brunswick, Quebec and federal governments are working to improve the situation. Bills have been tabled and passed. Quebec passed Bill 96 in June. It is now law.

I will always sincerely respect my commitment. As an elected official at the federal level, I do not get involved in provincial affairs. I have enough on my plate without playing armchair quarterback. A bill was passed at the end of a debate last year to protect the French language. Was that a good thing or a bad thing? We will let the public decide.

At the federal level, the government tabled Bill C-13, which is currently being considered.

I will get back to this later, but I must say something first. It brings me no happiness to say it. I have the utmost respect for the woman herself, but when the government appoints someone as head of state who cannot speak both official languages, it is sending the wrong message. I have nothing against her, but I have a lot against the choice made by this government, which claims to be the great defender of the two official languages.

It sends a very strong message about the person representing the British monarch, not only symbolically but in actual terms. The late Queen spoke both official languages remarkably well, as does the current King, perhaps not as well as his mother, but we salute his outstanding effort. The government's appointee speaks French less proficiently than the person she is representing. The government is sending the wrong message.

We also understand that there is not a law in the world that could change anything about the reality people find themselves in today, whether they are accessing social media or any information that is disseminated around the world.

That is what I want to talk about. It is not because francophones learn English that they want to set the French language aside. The two languages are not mutually exclusive. We need to stop seeing English as the language of the Plains of Abraham. Rather, it is the language that is often used around the world today. It does not mean that we want to eradicate the French language. On the contrary, we must share with the world the fact that we speak French, that we are proud to speak French and that this country received the first Europeans who just happened to be French, like Jacques Cartier and Champlain.

Let us not forget former prime minister the Right Hon. Stephen Harper's lovely and meaningful custom of always starting his speeches in French wherever he was in the world, reminding people that Canada's first language was French.

Yes, people will be tempted to learn English. The two languages are not mutually exclusive.

One way we can make sure that francophones have an important place in our future is immigration policy. This is currently being debated in Quebec. Our history shows that the current debates on immigration in Quebec are nothing new.

In 1968, the Union Nationale government of the late Daniel Johnson Sr. created the ministry of immigration. In 1971, Pierre Elliott Trudeau's Liberal federal government entered into the Lang-Cloutier agreement with the Quebec government, allowing it to deploy agents abroad to recruit French-speaking immigrants to Quebec. The agreement was renewed in 1975. We mentioned the Andras-Bienvenue agreement, which recognized Quebec's special needs. There was also the milestone Cullen-Couture agreement in 1978. That is important because it was entered into by a sovereigntist government. Minister Couture reached an agreement with the federalist Liberal government of Canada led by Mr. Trudeau: it was this agreement that recognized Quebec and gave it decision-making powers over its choice of immigrants. In 1991, there was the extremely important Gagnon-Tremblay-McDougall agreement between Mr. Bourassa's provincial government and the Right Hon. Brian Mulroney's federal government.

In short, negotiations between the federal and provincial governments have been positive and productive for over 50 years now. Of course, they can always be better, but no one should think that the debate on immigration to strengthen the French fact in Quebec is brand new or that it was only sparked by some electoral fervour. Quebec and Ottawa have been getting along for more than half a century.

I had a lot more to say but, unfortunately, my time is running out. I would remind the House that Bill C-13 provides an opportunity to overhaul the Official Languages Act. The Official Languages Act was created in 1969 by a previous government under Trudeau senior, and has been updated only once, in 1988, under Brian Mulroney. This needs to be done, and it must be done properly. We hope that Bill C-13 will be given a lot more teeth in order to help ensure the survival of the French language.

An Act respecting the French languagePrivate Members' Business

September 26th, 2022 / 11:25 a.m.

Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Madam Speaker, I am pleased to take part in the second reading debate on Bill C-238, An Act respecting the French language. This bill was introduced by the member for Salaberry—Suroît, and I thank her for her work on it. The member has concerns about the future of the French language, as do I, and as do we all.

I am proud to be a long-time member of the Standing Committee on Official Languages, which has been doing some very interesting work during this Parliament. I would also like to recognize my colleagues on the committee and to highlight the outstanding work being done by our official languages critic, the member for Portneuf—Jacques-Cartier.

French is declining in Quebec. That is unfortunately a fact. The proportion of French speakers across Canada has fallen since the last census in 2016. In fact, even though the number of Canadians who speak French has increased from 7.7 million to 7.8 million, an increase of 100,000 people over five years, the proportion of Canadians whose first language is French has decreased. According to Statistics Canada, that number dropped from 22.2% in 2016 to 21.4% in 2021.

If the trend continues, according to the famous formula, the weight of French in Canada will go into an irreversible decline. The same thing is happening even in Quebec. The proportion of people who use French fell from 79% to 77.5% over the same five-year period. It is urgent that we take action to halt the trend. The Conservative Party has always been a strong advocate for the French fact in Canada. Our country was born in French and must continue to live in French.

The bill we are discussing today contains four parts that address four very different issues. Although all four parts involve the French language, the fact remains that it is difficult to combine four subjects, four issues, four laws in one private member's bill.

I must say that one of the proposed changes rings a bell. I remember having the opportunity to study and vote in favour of Bill C-223, which the Conservatives supported at second reading before the last pointless election was called by the Liberal government less than a year ago. Yes, immigrants residing in Quebec should have an adequate knowledge of Quebec's French language. That is clear. No one is disputing that.

At the time, my colleague from Kildonan—St. Paul explained that the Conservatives supported the principle behind Bill C-223 based on two fundamental Conservative Party principles. The first is the recognition of the Quebec nation, as recognized by former prime minister Stephen Harper. The second is our commitment to protecting its language and culture. At the time, we did not even get to vote on the bill at second reading. We did not even get a chance to study the bill in committee, which is unfortunate.

I noticed that Bill C-238 contains three other measures. In addition to amending the Citizenship Act, the bill proposes amendments to three other acts, namely the Canada Business Corporations Act, the Official Languages Act and the Canada Labour Code.

Bill C-238 proposes that the Canada Business Corporations Act be amended to add the following: “the name of a corporation that carries on business in the Province of Quebec shall meet the requirements of the Charter of the French Language.”

It is important to bear in mind that Quebec passed Bill 96 only in June, which is not that long ago. On June 1, 2022, An Act respecting French, the official and common language of Québec, also known as Bill 96, received royal assent, bringing into effect several provisions amending the Charter of the French Language and about 20 other acts and regulations.

The new charter sets out stricter requirements for public signs and posters bearing the company's name that are visible from outside premises, and French must be markedly predominant over any other language. The transition period for public signs and posters will end by May 2025. The Quebec government understood that it had to do something about the quality of signs and posters.

However, the bill we are currently discussing focuses the name of a business or corporation as it appears in the articles of incorporation. I own a business myself, and that is how I interpret it. It is also important to note that the decline of French will not be solved by fixing articles of incorporation.

Even if changes were made to company names in Quebec's business registry but not reflected in signs and posters outside, it would obviously not make a difference. The French language is in decline, and we need far more effective measures.

Bill C-238 also amends the Canada Labour Code to subject it to the Charter of the French Language. As it happens, with respect to working in French, my colleagues and I will be studying the application of the Official Languages Act to workers.

I would also like to ask the following question: Would it not have been better to propose a bill like Bill C‑238, which amends the charter, after the final version of the National Assembly's Bill 96 came out in June? We shall see. Perhaps this bill should have been tabled after Bill 96 was passed in Quebec. That would probably have made it easier to understand.

Lastly, with respect to the Official Languages Act, as I was saying, the Standing Committee on Official Languages is already working to improve the substance of Bill C-13. If we want to amend the Official Languages Act, the committee study of Bill C‑13 provides the opportunity to do so. That is why I am convinced that it is by working hard to improve Bill C‑13 that we will achieve the objectives I share with Bill C‑238's sponsor, who is concerned, as I am, about the future of French not only in Canada, but in Quebec as well.

It is no secret that this government has been rattled by non-stop scandals involving official languages since Bill C‑13 was tabled. The Minister of Official Languages only seems to be working part time, since she is responsible for two totally different departments. This government almost sued B.C. francophones because the Minister of Justice was working against the Minister of Official Languages. There is a lot of coordination that should be done, but the government is not doing it. This government holds unilingual briefing sessions and is not even ashamed of it.

The Standing Committee on Official Languages regularly hears from witnesses who very clearly tell us that there has to be an agency within government that is responsible for official languages, and that is the Treasury Board. This has been repeated ad nauseam. I sincerely believe that we will have to present an amendment to Bill C-13 in that regard.

There is clearly a lot of work to be done to address the French language issue, not just in Canada but also in Quebec. We have to look to legislative measures to stop the decline of French all across Canada. I believe we will achieve that by working together. I would like to again thank my colleague for introducing this bill. Unfortunately, it is very unlikely that it will go very far, because it proposes changes to too vast a body of laws and regulations. However, on a positive note, Bill C-13 gives us a real opportunity to change things.

In fact, before leaving for the summer break in June, the government wanted to rush the bill through, and just yesterday we resumed hearing from witnesses in committee. These witnesses more or less unanimously agree that if we really want to stop the decline of French in Canada and Quebec, then we must, especially in Canada, have a government agency that manages our official languages, and I nominate the Treasury Board. The Fédération des communautés francophones et acadienne du Canada, or FCFA, is saying, along with everyone else, that the government will have to think long and hard before passing this bill that will make fundamental changes within the machinery of government.

One thing is very clear: We are getting complaints. The Commissioner of Official Languages is also receiving a whole lot of complaints. There is still much work to be done, but we will work with my colleague and her party to improve the future of French in Canada.

An Act respecting the French languagePrivate Members' Business

September 26th, 2022 / 11:35 a.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, I rise in the House today to express the NDP's support for Bill C‑238 at second reading.

Later in my speech I will talk about our concerns with some aspects of the bill, in particular regarding citizenship granted to immigrants who come through the family reunification stream and to refugees. I will get back to this, but this is a significant concern that has been debated at length in parliamentary committee.

There is no problem with the first part of the bill, which deals with federally regulated businesses, and that is why we will support sending Bill C‑238 to committee. That said, as members know, the NDP has always been the only party in the House to champion and advocate for the rights of linguistic minorities and the French language, not just in Quebec, but all across the country.

To illustrate, I can point to British Columbia, where a provincial NDP government created the existing French-language school board network and umbrella programs in francophone schools across the province. This was a unique, important initiative from the NDP.

I could also give the example of the New Democrat government in Saskatchewan. It did the same thing: It opened French-language schools throughout the province. The New Democrat government in Manitoba established a network of French-language schools and school boards across the province.

We also mentioned New Democrat member Léo Piquette, a Franco-Albertan and the strongest advocate for French-language rights in Alberta. New Democrat governments in Ontario and the Atlantic provinces expanded the network of French-language colleges.

I could give numerous examples of New Democrat governments and members that have always pushed to advance the rights of francophone minority-language communities and, of course, to defend the French language.

These are undeniable facts no one can challenge. It may be easy to speak before the House, but it is more difficult to talk to people across the country, as we did. We are also proud of our past record in this respect, and our efforts continue into the present. New Democrat members always advocate for the French language and linguistic minorities, which, of course, include francophone linguistic minorities.

Since adopting the Sherbrooke Declaration, the New Democrats have been pushing for legislation concerning federally regulated businesses. As our members know, it has been years. Obviously, I am referring to the party under Jack Layton, Thomas Mulcair, Nycole Turmel and, of course, our current leader, the hon. member for Burnaby South.

At every opportunity, the NDP has taken a stand and tabled bills on the subject. We have fought for this in the House. It only makes sense that workers in Quebec have the right to work in French. This is not currently the case, since federally regulated businesses are exempt from the obligation to provide a workplace in which people can communicate in French.

It also makes sense that workers in caisses populaires be able to speak, communicate and work in French. When it comes to the major Canadian banks, workers no longer have these rights. That is why the NDP has been demanding for years that federally regulated businesses be subject to the same obligation to create a work environment where employers and workers have the right to express themselves, communicate and work in French.

It only makes sense. It is like what I said earlier. We have always advocated for the right of francophones to have access to services. It is a basic right to be able to work in French, whether one is in Montreal or Quebec City. If someone works in a federally regulated business, it is only logical that they have the right to work in French.

It is precisely this first part of the bill that we fully support. For years now, our party has been saying that workers in businesses under federal jurisdiction should be granted this basic right. It only makes sense.

As I mentioned earlier, I have a big problem with the second part of the bill. When it comes to economic immigration, Quebec already has tools to choose the immigrants it receives and to make sure they are able to express themselves in French. Of that there is no doubt. Now, extending this requirement to immigrants received under family reunification and to refugees, and making them wait for their full rights as Canadian citizens, that, we find very worrying. As the hon. member for Rosemont—La Petite-Patrie so eloquently said a few weeks ago, applying this requirement to refugees is abusive.

We know full well that immigrants to Quebec want to learn French. Clearly, there was not enough money to ensure that they were given the opportunity to learn French. As members know, I spent many years in Quebec, first in Saguenay—Lac-Saint-Jean, then in the Eastern Townships. These are very beautiful regions in Quebec. I find them magnificent. Then I went to Montreal and the Outaouais. During all my years in Quebec, I saw that immigrants were interested in learning French.

Often, there were not enough resources or programs to enable them to learn French. We should focus on having the resources for these people who bring their skills and interests to Quebec and Canada. Refugees are often fleeing horrible situations, human rights violations and war. When they come to Quebec and Canada, they want to contribute. We need to have the resources to enable them to learn French. It is crucial. Saying that if they do not learn French well enough they will be refused Canadian citizenship, the right to vote and any other rights dependent on Canadian citizenship is definitely not the right thing to do. As a progressive party, we believe we need to have the necessary resources to enable them to learn French.

People I have met throughout Quebec want to learn French. There are not enough programs. Let us then implement programs to make it possible for them to learn French.

We support sending the bill back to committee specifically to fix these flaws.

An Act respecting the French languagePrivate Members' Business

September 26th, 2022 / 11:45 a.m.

Bloc

Jean-Denis Garon Bloc Mirabel, QC

Madam Speaker, I have been following this morning's debate and, in my view, there seems to be a bit of a cat fight in the House between Bill C-238, which seeks to comply with the will of the Quebec National Assembly on matters relating to Quebec's only official language, and Bill C-13.

I was surprised to hear the parliamentary secretary say earlier that Bill C-238 takes a Quebec-centric approach and fails to respect the rights of francophones outside Quebec, let alone even acknowledge the reality of francophones outside Quebec.

Unlike Bill C-238, what the government is offering us in Bill C-13 is essentially English in Montreal and English in Quebec. It is really important to compare and contrast these two bills. Unlike Bill C-238, Bill C-13 gives federally regulated businesses in Quebec the pretense of choice. It is merely a pretense of choice, giving them the option to operate in one official language or the other. Government members, some of whom have actually stood here in the House and publicly denied that French is in decline, seem to magically believe that a bank headquartered in Toronto, with the majority of its staff in Toronto and 80% of its market in English-speaking Canada, will be naturally inclined to offer services of equal quality in both English and French. Saying something like that is akin to leaving the future of our language in the hands of Michael Rousseau of Air Canada or in the hands of the Royal Bank of Canada, which once was “La Banque royale du Canada”.

The fact is, when these companies located in Quebec are given some semblance of a choice, they choose English. They choose English because it is easier, cheaper and more efficient for their accounting departments. Quebeckers are the ones who end up paying the price. This is happening despite the fact that French as a language of work works. It works for big corporations and multinationals, and for the flagship companies we are so proud of. That same model should apply to our federally governed enterprises.

Can anyone explain to me why the Caisse de dépôt et placement du Québec, one of the largest pension funds in the world, which is governed by Quebec law, is able to operate in French and abide by the Charter of the French Language while making investments around the world? I would like someone to explain to me why the Caisse is able to do that.

Can anyone explain to me why Couche-Tard, headquartered in Laval, Quebec, can operate entirely in French at its headquarters while doing business internationally in pretty much every language of every country in which it does business? Couche-Tard can do that because the right signal and the right message have been sent. Do not try to tell me that an anglophone who goes to a Couche-Tard cannot buy a bag of chips in English.

The model that is working in Quebec should be replicated in businesses under federal jurisdiction. That is hardly small potatoes. We are talking about a major group of businesses with a large number of employees located for the most part in downtown Montreal, working mainly in English in some cases, which contributes to the anglicization of Montreal, its downtown and its cultural life.

Take telecommunications, for example. BCE has more than 14,000 employees, Rogers has 3,000 and Cogeco has 1,700. That means Quebec's telecommunications sector alone employs about 18,000 people. That is equivalent to the population of Sainte‑Anne‑des‑Plaines, a town in my riding. That is a lot of people.

Then there are the banks. National Bank has 10,200 employees. I am not saying that they all necessarily speak English at work. What I am saying is that these thousands of workers have the right to work in French. They should not fall under a legislative regime where if just one person comes from Toronto or if just one person speaks English, everyone switches to English. We know what happens when there are 10 francophones and one anglophone at the table: They speak English over lunch. That is exactly what happens.

Quebeckers must be guaranteed the right to speak French at work. French is the only official and national language of Quebec. It is an inclusive language because it is our common language. The French language allows us to understand one another, integrate and grow together.

Quebec's banking sector alone employs 23,000 people. The aviation and rail transportation sectors would add another 9,000 or 10,000 people. The Liberals' bilingualism model is to linguistic policy what tax evasion is to taxation. It allows these businesses to be different from others. It gives these businesses a free pass and lets them break the rules. Francophones who want to work in telecommunications or in the rail transportation sector are subject to a regime that prevents them from working in Quebec's historical, national language.

The purpose of Bill C‑238 is to implement legislation that acknowledges the reality, the facts, the history and, most importantly, the unanimous will of the Quebec National Assembly. This is a bill that reflects the realities of Quebeckers and addresses the current confusion, which leaves Quebeckers under the impression that they are free to work in French in all federally regulated businesses. One does not need to have visited these businesses to understand that this is not the case.

There is another positive aspect to Bill C-238, specifically asymmetry. It is something that Canadian federalism has rejected all too often. In many provinces, such as Quebec, people's preferences and expectations, history, culture, the working world, practices and legislative agendas are not the same. Language in the workplace must also be dealt with a bit differently.

The principle of asymmetry is accepted in numerous areas, for example, in health care. The very fact that we are a federation implies that different provinces with different needs should work differently. There is also a certain asymmetry in the immigration system. Quebec has a certain number of targets in a certain number of programs, but not in all of them. For some time now, job training has been delegated to the Quebec government through special agreements. Why? Because Quebec has its own business ecosystem, its own community sector, its own institutions, and its own expectations. Bill C-238 does exactly the same thing.

What worries me about some of the speeches I have heard today, including the one from the member for Louis-Saint-Laurent, a colleague I hold in high regard, is the fact that we are still having debates about whether francophones are or are not disappearing, whether French is or is not declining, and so on. Some Conservatives in the House, including the member for Louis-Saint-Laurent, claim to be experts in mathematics. They look at three or four data points, see that such-and-such a statistic shows that there are three or four more francophones in such-and-such a place, and then some claim that there is no loss of francophones and no need to protect French. Just the fact that we are talking about it, that it is being brought up again, and that it is on the agenda demonstrates that there is a problem in Quebec. Can anyone tell me where in Canada there are debates about the disappearance of English? Nowhere. That is because it is obvious that English is not disappearing. French needs to be protected.

Bill C-238 is balanced, respectful, asymmetrical and well-thought-out. It will ensure that the real language of work in Quebec is French. Large companies will still be able to do business in English because that is the language everyone naturally gravitates to in North America. If we do not pass Bill C-238 but do pass Bill C-13, that force of gravity will simply lead us to unilingualism, eventually.

It is important to note, and I appreciated the speech by my colleague from the NDP, that the law applies only to Canadian citizens. Refugees and new immigrants under the family reunification program are exempt. This is an inclusive bill. I congratulate my colleague from Salaberry—Suroît for introducing this bill. Of course, I am looking forward to voting for it.

An Act respecting the French languagePrivate Members' Business

September 26th, 2022 / 11:55 a.m.

Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Madam Speaker, as you probably know, the International Day of Older Persons is coming up soon. I would like to take advantage of the debate on my bill to draw everyone's attention to this important day, because the generation before mine did so much for the French language. As a society, it waged major battles. Its story is the story of a nation that owns its uniqueness. It is therefore fitting, on the eve of the International Day of Older Persons, to thank those who have done so much for our national language and who, quite frankly, are just as concerned about the decline of French as we are.

For some, conversations about the decline of French elicit a shrug of the shoulders. Members of Parliament say we are getting too worked up about it. They say we are misinterpreting the statistics, that the indicators do not accurately reflect new linguistic dynamics. It is a tempest in a teapot, they say. That was the message during the first hour of debate on Bill C‑238. However, Statistics Canada shed new light this summer on what is happening with French across Canada and in Quebec.

We knew it, but now it is clear. My colleague, the member for La Pointe-de-l'Île, predicted it. No matter what measure we use, we see a decline in French. In Quebec, there are fewer people whose mother tongue is French. The same goes for the primary language spoken at home and the language spoken in public, and that is key. It is a serious slide, to the benefit of English. What will my bill, which I have the honour of introducing on behalf of the Bloc Québécois, do to stop this decline?

It addresses two things: language of work and the language of newcomers. For language of work, Bill C‑238 incorporates the National Assembly's unanimous request to apply Bill 101 to federally regulated businesses. Again, this was a unanimous request. Every Quebec member thought about the issue and came to the same conclusion. I hope that the House will be able to show a bit of consideration for democracy in Quebec.

During the first hour of debate, I heard someone say that Bill C‑13 would be better at protecting French at federally regulated businesses in Quebec. To say that is to flat out say no to the National Assembly. That is serious.

I have to say what I think. I do not trust the federal government to truly fight for the French language. It is the federal government that is responsible for the fact that, as we speak, a francophone veteran has to wait an average of 45 weeks for a decision on their file. An anglophone waits only 24 weeks. In Canada, discrimination based on language is tolerated. It is the federal government that is responsible for the fact that, in the House, ministers hold important briefings on their bills with no consideration for French. It is the federal government that tolerates the fact that it is very difficult for francophones to get top jobs in the government even though many francophones work in the public service. Despite efforts made in recent decades to protect French in Canada, everything is done in English.

I therefore place my trust in the Quebec government to ensure respect for Quebeckers' language rights, which is why Bill 101 must be applied to federally regulated businesses. Bill C‑238 has a second element, namely knowledge of French as a requirement for Quebec citizenship. To be clear, knowledge of French would be a requirement to obtain citizenship for people residing in Quebec. This would change nothing for people claiming refugee status or permanent residency. I think that this is a very reasonable provision.

There are all kinds of ways for people to step up and help stop the decline of the French language. I know that my bill is just one among many others. If I have not been convincing, I ask members to send Bill C‑238 to committee so that experts can come explain why it is so important. That is what Wednesday's vote will be about. My bill represents the first opportunity for all members of Parliament to show that they are concerned about the decline of French. My bill would give Quebec two new tools to help it wage this crucial, magnificent battle for the French language, for its words, its accents and its future. I urge members not to undermine the efforts of such a resilient nation. Let us pass Bill C‑238.

An Act respecting the French languagePrivate Members' Business

September 26th, 2022 / noon

The Assistant Deputy Speaker Carol Hughes

The question is on the motion.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

An Act respecting the French languagePrivate Members' Business

September 26th, 2022 / noon

Bloc

Claude DeBellefeuille Bloc Salaberry—Suroît, QC

Madam Speaker, I request a recorded division.

An Act respecting the French languagePrivate Members' Business

September 26th, 2022 / noon

The Assistant Deputy Speaker Carol Hughes

Pursuant to order made on Thursday, June 23, the recorded division stands deferred until Wednesday, September 28, at the expiry of the time provided for Oral Questions.

The House resumed from September 26 consideration of the motion that Bill C-238, An Act respecting the French language, be read the second time and referred to a committee.

An Act respecting the French languagePrivate Members' Business

September 28th, 2022 / 4:20 p.m.

The Speaker Anthony Rota

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-238 under Private Members' Business.

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

Vote #180

An Act respecting the French languagePrivate Members' Business

September 28th, 2022 / 4:30 p.m.

The Speaker Anthony Rota

I declare the motion lost.

The House resumed consideration of the motion that Bill C‑283, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (addiction treatment in penitentiaries), be read the second time and referred to a committee.

Criminal CodePrivate Members' Business

October 25th, 2022 / 6 p.m.

Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, I am glad that we are here to discuss Bill C‑283 today. This bill reminds me of Bill C‑216, which was introduced by our colleague from Courtenay—Alberni not so long ago. We supported that bill, but unfortunately it was not supported by the majority of the House. I hope this bill will go a little further this time around.

Bill C‑283 makes certain amendments to the Criminal Code, including, for example, a provision that would allow a federal inmate to be sent to an addiction treatment facility if the court finds the inmate eligible.

The bill also amends the Corrections and Conditional Release Act to allow a penitentiary to be designated as an addiction treatment facility. When a court recommends that a person serve his or her sentence there, Correctional Service Canada will be required to ensure that the inmate is placed there as soon as possible.

In Quebec, we have long decided to favour rehabilitation. However, in 2014, 50% of prisoners in federal penitentiaries had a drug addiction problem. According to experts, drug addiction is what drives most of those people into committing a crime, which brings them back to prison, where drugs are very easy to get, despite what people might think.

In 2021, Frédérick Lebeau, president of the Union of Canadian Correctional Officers for the Quebec region, said, “There's a major issue, a problem of delivery [of drugs and other prohibited items] inside the penitentiaries. It's too easy. It's got to get harder.”

With the advent of drones, it will be easier than ever to deliver drugs into prisons. By 2020, officers at Donnacona's 451-inmate maximum-security penitentiary had detected 60 drones, but they estimated that was just the tip of the iceberg.

penitentiaries will have to implement new drone detection technology in November, but the union is under no illusions. Drugs will continue to come into prisons. In short, incarceration does not solve drug abuse problems, quite the opposite.

We must also take into consideration that recidivism rates among drug addicts is very high. When they get out of prison, many immediately try to obtain drugs and often turn to crime to finance their purchases.

Federal penitentiaries do a poor job of rehabilitating inmates, so this bill could be the step in the right direction that we have been waiting for.

According to a study by the Center for Interuniversity Research and Analysis of Organizations published in 2019, Quebec is an example to the world when it comes to rehabilitating inmates. According to the study, Quebec's reintegration programs for inmates in Quebec-run prisons reduce the risk of recidivism and perform significantly better than elsewhere in the world. These reintegration programs, which are not only aimed at drug addicts, reduce the recidivism rate from 50% to 10% among participating prisoners.

Quebec's drug treatment courts have existed since 2012 and have been so successful that they served as a model for a pilot project to address recidivism among drug addicts in France. By comparison, federal penitentiaries are failing miserably at the rehabilitation of inmates. According to the 2020 annual report of the Correctional Investigator of Canada, inmates in federal institutions do not receive useful training or work experience during their incarceration and do not have access to necessary care. In short, they are very poorly equipped to reintegrate into civil society.

Another fact to note is that indigenous people are overrepresented in federal penitentiaries. They represent less than 5% of Canada's population, but 32% of the prison population.

Worse still, according to the Office of the Correctional Investigator of Canada, women represent 50% of this prison population. Addiction issues and the absence of effective programs to treat them probably go a long way to explaining why indigenous peoples are overrepresented in our prisons.

In committee, during the study of the various bills that were passed previously, including on the issue of mandatory minimums, we saw that the need to curb the overrepresentation of indigenous peoples among inmates is a major concern for the government.

We did not agree that abolishing mandatory minimums would help reduce the percentage of indigenous people in prison populations. In my view, there is no logical corollary. The existence of mandatory minimums does not lead to more indigenous inmates.

The problem lies elsewhere, and this may be our chance to correct it. Bill C-283 would allow for an addict to be placed in custody and receive follow-up care in a place that specializes in treating addictions, which could reduce the risk of recidivism for the inmate and improve their chances of successfully reintegrating society.

Under this legislation, the onus would be on inmates to ask the court to put them in an addiction treatment facility. Inmates would thereby acknowledge their addiction, which we all agree is the first step toward healing. The court would then determine whether the inmates could serve part or all of their sentence in such a facility. The Bloc Québécois sees only benefits to this.

The Bloc will therefore vote in favour of Bill C‑283, just as we did last spring for Bill C‑216, which was introduced by the member for Courtenay—Alberni.

The bill, as it is worded, is not perfect, of course, so it needs amending. I am sure that the members of the committee tasked with studying it will be very eager to improve it.

Criminal CodePrivate Members' Business

October 25th, 2022 / 6:10 p.m.

NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, I want to thank my colleague who tabled this bill for bringing it forward and for recognizing that we must do more to support people dealing with substance use disorders.

As we know, Canada is experiencing multiple crises: a mental health crisis, a toxic drug crisis, a housing crisis and a worsening affordability crisis. There are links between these crises, and they are impacting the quality of life for Canadians in communities across the country. It is incumbent upon us, as parliamentarians, to present and debate solutions so we can move forward in the best interests of Canadians.

In developing possible solutions, I believe it is critical to listen to both experts and those with lived or living experience. Last year, I was honoured to be named the NDP critic for mental health and harm reduction. I promptly tabled Bill C-216, the health-based approach to substance use act. This bill was aligned with the recommendations of the expert task force on substance use that was commissioned by Health Canada to make recommendations on federal drug policy.

Earlier this year, as I travelled across the country to speak to Canadians about Bill C-216, I had the opportunity to meet with many individuals directly affected by the toxic drug crisis, either personally, through someone they love, or because they were working on the front lines. I consistently heard that we need more supports for people struggling with mental illness, trauma, problematic substance use and housing precarity.

I also heard that there is no silver bullet. We know these are complex issues that require multi-faceted solutions, such as investing in the social determinants of health like housing and income security, increasing the focus on prevention and early prevention, and making a full range of mental health and substance use supports available on demand.

While Canada is facing an intersecting crisis, we are not making adequate investments into urgently needed solutions. Relative to the disease burden caused by mental illness, and compared to some of our G7 peers, Canada is underspending on mental health. France spends 15% of its health care budget on mental health, whereas the U.K. spends 13%. By comparison, mental health spending makes up between 5% to 7% of health care budgets in Canada, depending on the province or territory, so underinvestment in prevention and evidence-based care has come at a tragic cost to our communities.

Canada has now lost more 30,000 lives since 2016 because of drug poisonings, in addition to more than 44,000 hospitalizations. This public health emergency has been escalating for seven years, yet the government has only committed $800 million to date for its substance use and addictions program. Meanwhile, the expert task force on substance use found that current ineffective policies are costing us billions every year in health care, policing and criminal justice expenses.

I appreciate the bill's intent. It seems to provide a route of access to treatment for those with substance use disorders and reduces the impacts of problematic substance use on individuals and their communities. However, I have some concerns about some of the assumptions that may have been made in formulating the bill, and I cited some of them earlier, as well as how it may play out in practice if passed.

In doing research and consultation on this bill, a theme that has come up consistently is that prisons are currently places of punishment and not care. The United Nations Nelson Mandela rules provide that the quality of health care provided to incarcerated persons must be equivalent to that available to the general population. However, concerns have long been raised about the quality of care in Canadian prisons and inherent conflicts that arise when correctional authorities are responsible for delivering health care.

Catherine Latimer, the executive director of the John Howard Society of Canada, has explained this conflict as follows, “Whenever you have correctional authorities delivering health care, there’s going to be irreconcilable conflict between the institution and the health-care needs of the individual”. She continues, “Security issues will always trump the health needs of the individuals.”

Emilie Coyle, the executive director of the Canadian Association of the Elizabeth Fry Societies, echoed that perspective in conversation in my office and commented that, if we try to insert care into prisons, people will continue to be harmed by our overly punitive prison systems.

Today, my office spoke with an individual with lived experience of opioid use disorder and criminal justice involvement. This individual is now doing advocacy work in recovery and shared the perspective, “Prisons do not breed success.” Indeed, the shortcomings of mental health care in federal penitentiaries has been well documented, such as reports by the correctional investigator and the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Before establishing a regime of designated addictions treatment facilities in penitentiaries that will necessarily require significant investments, it is important to pause and ask: Where can someone get the best care? Where will they receive care that is evidence-based, trauma informed and culturally appropriate? Where are they most likely to achieve their treatment or recovery goals?

The answer we have heard consistently from those working with incarcerated individuals or with lived experience is that people are better served by accessing mental health and substance use care in their communities. Unfortunately, across Canada, there are barriers to accessing community-based mental health and substance use services, such as stigma, out-of-pocket costs, lengthy wait-lists, admission criteria and lack of detox facilities. Last year, the Expert Task Force on Substance Use recommended that the government make significant new investments to provide supports to people who use drugs, but that call has not been heeded, and the level of funding committed to date remains inadequate to meet the needs in communities across the country.

I welcome the opportunity to work with the member on initiatives that will remove barriers to substance use treatment and recovery services so that all Canadians can get the support they need in their communities. No one should have to go to jail to get help. That is just a fact.

I am also concerned that the bill may prevent people who want help from accessing it. In its current form, the bill proposes to exclude individuals convicted of certain offences, including drug trafficking offences, from its scope. This seems to ignore the fact that some individuals with substance use disorders become involved in subsistence trafficking. Exclusions in the bill could create barriers to accessing treatment in federal prisons.

Indeed, the individual with lived experience I spoke of earlier would not have benefited from the bill, having been convicted of trafficking. He was, fortunately, able to access treatment prior to sentencing and while in recovery, he has remained gainfully employed and involved in community service. After reviewing the bill, he asked how many people serving federal sentences might benefit from the bill, given the excluded offences. It is a good question, and a question that needs to be answered.

While I appreciate the bill's intent to create pathways to treatment, I think we must be careful to avoid introducing new barriers. We must also think about where we can make criminal justice reforms and investments in substance use services that will increase the likelihood of successful outcomes.

I really want to thank the member for prompting this debate. I look forward to further dialogue with my colleague and other colleagues in the House. We have to work together. This is a parallel crisis right now, which we have been dealing with throughout COVID, and the government has not paid enough attention to it. It has not acted with a sense of urgency. People's lives are at stake. This is impacting our communities, our health care system, penitentiaries, policing and the judicial system. Most of all, it is impacting people's lives and those of their families.

Again, I look forward to working with all members in the House to try to provide solutions so that we can tackle this crisis. It does require a sense of urgency and immediacy.

Criminal CodePrivate Members' Business

October 25th, 2022 / 6:20 p.m.

Conservative

Rob Morrison Conservative Kootenay—Columbia, BC

Madam Speaker, I thank my colleague from Kelowna—Lake Country for her work on this important legislation.

At its core, Bill C-283 is about ensuring those with addictions are provided the help they need. It is also about providing their loved ones with peace of mind. Those addicted to drugs are someone's mother, father, sister, brother, son, daughter or friend.

I will be reading this speech not only as a parliamentarian but also as a dad. Heather and I are proud parents to five adult children. There is nothing we would not do to ensure their well-being, peace of mind and security. I am so proud of each of them.

My family has struggled with opioid addiction for 20 years. We empathize with all Canadian families who have suffered at the hands of addiction. Heather and I are not alone. Canadian families are not alone. Those listening right now who are struggling with addiction are not alone. In fact, I do not believe there is a single individual in this chamber who has not been touched, in some way, by cocaine, crystal meth, heroin, fentanyl or other opioids.

It has been said that having a child is like having one's heart walk around outside one's body. There are mothers and fathers across this country who are startled awake in the middle of the night by the sound of a jacket zipper, a floor creaking or a door opening. They are all sounds familiar to parents of a son or daughter who is leaving to use drugs.

These moments give way to sleepless nights wondering if that child will make it home safely. These fears last a lifetime. My heart goes out to those who suffer from addictions and their families who bear the weight of the stress and worry that comes with caring for loved ones suffering from addiction. The road to recovery, of which I have both professional and personal experience, is a very difficult and long commitment.

Before I go any further, I would like to make an important distinction for all colleagues in the House.

Those who suffer from drug addiction deserve our compassion and care. Those who repeatedly break the law or have no regard for the safety of those around them deserve to be arrested and dealt with through our court system. Those found guilty of crimes should go to prison where they can seek out and be provided the help they need. This is precisely where our system is not working, and it is where the bill can make an enormous difference in the lives of Canadians.

Sending an addicted individual to prison without providing them with dedicated access to the programs and services they need to recover is futile. Addressing the core cause of their crime, addiction, in meaningful ways is what will put an end to recidivism and allow many Canadian families to heal. Addressing addiction when an individual is convicted of a crime or when the addiction is the cause is precisely where this legislation can make an extraordinary difference.

Canada's approach to addressing drug use, addiction and associated crime has not been successful, and my constituents are concerned the government is out of touch with what is happening on the ground in communities across Canada. Canadians are concerned about legislative decisions being made on matters pertaining to prostitution, guns and drug-related crime. My colleagues on the justice committee know this all too well.

We do not need to look very far in my riding of Kootenay—Columbia to see this in real time. The city of Cranbrook was once a quiet, mountain town. Today, it is the home of a tent city, with an exploding homeless population and rising crime. Criminals are wreaking havoc on other homeless individuals, our youth, families and businesses. Stories of paying it forward have been replaced in the news by stories of intimidation, theft, vandalism, physical assaults and shootings. Young people are afraid to go to work for fear of physical harm and children are no longer free to explore their sense of adventure in certain areas of the city.

This is a problem born out of the current provincial and federal policies, and there is not a single city council in Canada that would be able to solve this problem. Municipal leaders across British Columbia, such as Vancouver, have called on the government to act on addictions and the associated revolving door of crime caused by convicted criminals being released without action, or worse, being released without addressing their addiction during sentencing.

B.C.'s Urban Mayors' Caucus identified mental health and substance treatment as a priority for the federal government to address. Earlier this year, the B.C. attorney general acknowledged there was an increase in the number of no-charge decisions from his office and blamed the federal government for his actions. He referred to Bill C-75, which talks about using the principle of restraint for police and courts to ensure that release at the earliest opportunity is favoured over detention. What this equates to on the ground is prioritization of the offender over the victim.

While there are some who are uncomfortable with labelling prolific offenders, let me help clarify. Individuals who are convicted of 50, 75 or 100 or more offences have a prolific record, and they have been through the revolving door of our catch and release justice system too many times. This has to stop.

Our laws are meant to protect law-abiding citizens as well as those who protect and serve. To send an offender back on the streets to cause harm or break the law for the 78th time is not a solution that is working and, to be frank, it is a slap in the face to victims. However, if the offender, instead of being released to cause further harm or sent to prison to become more hardened, was sent to a designated treatment facility, we would have an opportunity to address the root of the crime.

Canadians are asking for help. We are here today offering real solutions to real problems that will make a difference in helping addicted individuals deal with real pain. Mental health and addiction may be the single largest challenge of our time, and I know all members of this House want to do more for those struggling with these issues.

Bill C-283 is an opportunity to do just that. The bill proposes a different program for addiction treatment while incarcerated, and this means the necessity for rehabilitation while serving a sentence. At the core, this is about treating addiction in an effort to stem the crime, or in other words, addressing the root cause of the issue. The approach is a positive solution for rehabilitation, resulting in individuals being able to make a positive contribution within our communities.

The bill would amend the Criminal Code of Canada to support two-stream sentencing, both of which would have the same sentence time. However, the individual would be called upon, being provided a choice by a judge, to choose between the current system or a designated treatment facility. The bill would not provide criminals with a pass on prison, but rather bridges correction and treatment for those who have entered the system because of drug addiction and are choosing to participate in recovery.

Addiction numbers in B.C. and across the country are growing, with many individuals entering the correctional system who may be better served with the opportunity to address the cause of their criminal activity. The purpose of an addiction treatment facility is to provide the individual access to the program for treatment in relation to the substance use, as well as to other related services that will address specific needs. Individuals may be sentenced to serve in a designated facility if there is evidence establishing a pattern of repetitive behaviour by the individual that indicates problematic substance abuse.

This brings us to the tragic and preventable loss of Constable Shaelyn Yang, who was sadly murdered while courageously helping those who suffer from mental health and addiction. Mayors from cities across B.C., including Burnaby, have complained publicly about the catch and release justice system.

Last week, the leader of the official opposition asked what policy changes the Prime Minister would be willing to make to put this crime wave to an end. I suggest to all members this bill is an important part of that suite of tools needed to address addictions. We cannot turn back time and prevent the senseless loss of Constable Shaelyn Yang, but we can act to prevent future murders. I invite all colleagues to join me in supporting this legislation.

The bill would validate and begin to repair the legitimate ongoing concerns of families, communities and indigenous communities. Further, it would serve as an important tool to address the general mental health and welfare of those who participate, with an aim to help make a better future for young Canadians struggling with addictions. Those struggling with addiction deserve treatment and recovery.

Successful crime prevention starts with our youth and must continue throughout their lives. Education programs can be successful if delivered at the right times.

As we consider Bill C-283, I would ask each of us to look through the eyes of Constable Shaelyn Yang and do right by the victims, the victims of addictions, the victims of crime and the victims, the family, of those who have lost a loved one. Finally, may we see this through the lens of a mother, father, sister, brother and friend who are desperate for their loved ones to get help before it is too late.

Criminal CodePrivate Members' Business

October 25th, 2022 / 6:30 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, it is really quite nice to be able to stand and talk about an important issue. I am reflecting as I am listening to many of the comments, and kind of wish that maybe we could have had a little more time to have the debate, as there seems to be a very high level of interest in an issue that has had an impact in every region of our country.

What I want to do, in recognizing how important our judicial system is and the way in which incarceration works, is to try to bring a slightly different perspective. For many years I served as chair of the Keewatin youth justice committee. I had the opportunity to work with the community and with young people dealing with a wide spectrum of issues. I bring that, along with the fact that I was the justice critic for a short period of time in the province of Manitoba.

I would suggest that in dealing with the magnitude and severity of the issue, we need to look at it in a very holistic fashion, to recognize that there is provincial jurisdiction, federal jurisdiction and even municipal jurisdiction, not to mention the many different stakeholders out there, all of which want to be able to contribute to making life in our communities better and safer. A part of that is recognizing that there are things that take place in society that we should all be concerned about, and that we all have a role to play. The private member's bill provides us the opportunity to share some of that.

I want to pick up on a couple of things. Over the last number of years, we have seen many different initiatives brought forward by the government, whether it is national legislation or budgetary measures, that are actually having an impact. I do not say that lightly. I often get grants across my desk that have been approved that are going to support non-profit organizations. I see legislation dealing with issues such as minimum sentencing, trying to deal with the high percentage of indigenous and Black members of our communities. These are the types of issues that make a difference.

I look at the individual. I have had an opportunity to walk with the Bear Clan in the north end of Winnipeg. I know others in this House have also walked with the Bear Clan in the north end of Winnipeg. I always find it interesting when we really look into who the people are who make up the Bear Clan. There are some absolutely incredible volunteers. There are people who come from the community itself, from in and around Winnipeg and from many different professions.

The ones who interested me the most on the walk I took in particular were some of the drug addicts, who were having a difficult time. It made me reflect on a program I had taken many years ago on the impact of crack. It was truly amazing what an addiction could do, particularly to a young person. Crack does not discriminate. There was this relatively young lady who, as a result of being fed into an addiction, ultimately compromised her opportunities in life and lost a lot.

In many situations like that, what we will find is that there are people breaking the law to deal with the addiction they have. I would like to believe that it is somewhat controllable, but just the sheer size and magnitude of the problem dictates that no one level of government or community stakeholder will be able to deal with the severity of the problem. It is just too big.

If members want to get a better sense of its magnitude, I invite them to take a walk with the Bear Clan. Members will get a better sense of the magnitude if they visit some of the youth to sit down and have that conversation about the barriers in place. It is hard to talk to someone who thinks there is no reason to have hope because of the environment they are growing up in, where addictions and crime are prevalent far too often. As well, there is an impact on their community.

When we talk about treatment, the very best we can do is to develop programs that will prevent individuals from going into our jails. Next to that, we must ensure that programs are developed and supported the best way we can, which will prevent people from returning to be incarcerated. There are many things we could actually do.

I am a big fan of community-based efforts where the community itself gets directly involved. That is important for us to continue to look at. Whenever we talk about treatment programs, in my opinion, we need to put a lens of community involvement in what and how they can be engaged, along with the many stakeholders.

Criminal CodePrivate Members' Business

October 25th, 2022 / 6:35 p.m.

The Assistant Deputy Speaker Carol Hughes

The hon. member's time is up.

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.