Official Languages Committee on Feb. 5th, 2008

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

In fact, this is required, as has been stated by the Supreme Court of Canada and built into our Constitution.

Of the 32 judges appointed over the last two years, will you try and find out who is bilingual? Can you hope to obtain this piece of information?

[Andrée Duchesne]

That can be provided to you by the Office of the Commissioner for Federal Judicial Affairs.

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

According to my information, they are unable to do so. Somebody is going to have to, unless the committee decides to assume the responsibility. However, I have a hard time seeing how law-makers will be able to summon judges. Perhaps we can discuss this with the government's representatives. As regards access to justice, it is my hope that your service will be able to provide us with information.

[Andrée Duchesne]

That issue falls within the jurisdiction of the Office of the Commissioner for Federal Judicial Affairs.

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

In that case, we will have the minister appear.

My question concerns the agency and most likely the school as well.

I would like to know if you intend to sign any official agreements with post-secondary institutions such as the University of Ottawa, Université Sainte-Anne, or the Collège universitaire de Saint-Boniface, as a way of recruiting managers who are already bilingual?

[Donna Achimov]

Currently, we are in holding discussions with several universities to launch private projects, such as the sharing of our respective tools to enhance bilingualism during university years. We have just begun this work this year.

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

Which universities are involved?

[Donna Achimov]

We have held discussions with the University of Toronto, the University of Ottawa, and have begun preliminary talks with public administration schools.

[The Chair, Conservative, Steven Blaney]

Thank you, Ms. Achimov.

We now move on to Mr. Nadeau.

[Richard Nadeau, Bloc, Gatineau, QC]

Thank you, Mr. Chair.

Would it be possible to set a deadline as a way of making sure that senior bureaucrats are able to operate in both languages? That would help Canadians and Quebec taxpayers, as well as lower-ranking bureaucrats work in their own official language, and create the best possible workplace atmosphere. Is this not one way of preventing postponements related to the fact that senior officials are unable to speak both official languages?

[Karen Ellis]

I am an assistant deputy minister, which is a certain ranking within the public service. I must have level C. All assistant deputy ministers of the public service must be able to work in both official languages. Policies developed in recent years have produced very encouraging statistics as to senior managers' level of bilingualism. Things are consistently improving because the requirements are very firm: one must achieve a good level to manage files in both languages.

[Richard Nadeau, Bloc, Gatineau, QC]

As regards deputy ministers, one level higher than yours, waivers of two years or more are often requested. There is room for improvement and this is something that must be done. I understand this.

In your presentation, you talked about teaching methods, such as taking learners outside the classroom as one way of improving their language skills. What are these other methods? To what extent are they effective?

[Donna Achimov]

Thank you for your question.

Thanks to the action plan, we have received funds to experiment with certain teaching methods. One method is heavily focused on the students. For example, they are given exercises before the formal lessons begin. This has produced good results because people are able to study before beginning their course.

During training, several tools are made available in the classrooms. For example, certain tools are available on the Internet, allowing students to practice. We have experimented with voice recognition technology, such as the technology that is used when we are asked over the phone if we wish to receive service in French or English. Voice recognition is used in businesses and homes. This tool is used to help pronounce difficult words.

[Richard Nadeau, Bloc, Gatineau, QC]

Thank you very much. I am a teacher by training, and those methods are ones that I could adopt myself. I find all of this interesting.

The current government has abolished the Court Challenges Program, stating that as it would always respect the law, and that consequently, there was no need for a program that would enable lawsuits to be launched against it. Since it knows that the abolition of the Court Challenges Program runs counter to the law, has the Department of Justice written to the government to inform it that by eliminating the program, the Conservatives were themselves contravening the law? Is this one of your responsibilities? This is an area that affects, among others, official languages.

[Andrée Duchesne]

That is an issue I cannot discuss, as it is currently before the courts. As for the second component of your question, that falls under solicitor-client privilege, and I am unable to talk about it.

[Richard Nadeau, Bloc, Gatineau, QC]

That's fine.

With regard to client service, Air Canada often runs roughshod over bilingualism. From a legal perspective, are there any elements that you can bring before the government, be it the Department of Transportation, Infrastructure and Communities, the Department of Official Languages, the Department of Canadian Heritage, or the Prime Minister's Office to inform them that there are still crown corporations and government agencies that do not comply with legislation? As a representative of the Department of Justice, do you inform the government of these situations?

[Andrée Duchesne]

That entire issue is related to our role as legal adviser to the government. Once again, our advice is subject to rules of solicitor-client privilege. I am truly unable to answer your question.

[The Chair, Conservative, Steven Blaney]

Very well, thank you Ms. Duchesne.

We now move on with Mr. Petit.

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

Thank you, Mr. Chair, and thank you to everyone for being here today. My question will be specific, and is addressed to Ms. Duchesne.

You work for the Department of Justice. Earlier, you replied to a question asked by my colleague, the parliamentary secretary, Mr. Pierre Lemieux, regarding minorities' access to justice. I still practise as a lawyer, and can tell you that one of the problems experienced by minority anglophones living in Quebec, outside of Montreal, is a lack of English-speaking lawyers. Anglophones have family problems. If you go to Manitoba, the opposite is true; francophones are hard-pressed to find French-speaking lawyers, and have matrimonial problems. You are aware that these issues are very touchy.

There is also the criminal side. In Quebec anglophone communities outside Montreal, crime rates are higher than among francophones. The same phenomenon occurs among francophones living in a minority situation.

Ms. Duchesne, what kind of services do you provide? It is a very direct question. I understand fully that there are problems when a ticket is not issued in the right language, but the problem that lawyers are confronting today is that people do not have access to bilingual lawyers, or bilingual courts. In some cases, we are only beginning to resolve the problem, in family law, bankruptcy law and in all areas of federal jurisdiction.

What kind of advice or tools do you provide to these minority communities, to the Quebec anglophone community in Quebec outside of Montreal and to francophones?

[Andrée Duchesne]

Your question is in two parts. I will begin with the English-speaking community in Quebec. First, you must realize that where justice is concerned, the French-speaking communities outside Quebec and the English-speaking communities in Quebec are organized very differently.

As concerns the French-speaking communities outside Quebec, the association of French-speaking lawyers have a key role to play. The social structure of the English community in Quebec is not the same. Quebec does not have a group of English-speaking lawyers that is organized in the same way and with whom we can work directly. We therefore used a different approach for the English community in Quebec and we began to work closely with an organization called Éducaloi, whose mission is to provide education and information on all legal issues in Quebec. Éducaloi works mainly in French, but for the past 3 years, it has also been working in English with a view to developing information tools. There is an English version of its website designed to inform Quebec's English-speaking population of their rights, that is, language rights in Quebec and the language provisions of the Criminal Code, regardless of where these people live, whether in Montreal or outside of Montreal. The results have been excellent to date.

We have also been working with the Quebec Judicial Council to help it develop training programs in English for judges of the Court of Quebec, both in Montreal and elsewhere. Currently, we are holding discussions with the English-language legal community of Quebec, the Montreal Bar Association and the Quebec Bar Association in order to determine how we can help deliver services to the public as well as legal information in English in Quebec, both for residents of Montreal and people who live in the regions.

[The Chair, Conservative, Steven Blaney]

Thank you. Will you be sharing your time, Mr. Petit?

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

No, I will finish my question.

[The Chair, Conservative, Steven Blaney]

Fine.

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

I am selfish.

Ms. Duchesne, francophones in minority communities in other provinces have trouble gaining access to the court. They often need legal aid to be heard in a courtroom. Heaven knows that in Quebec, legal aid is very popular, and in Ontario, it is relied on so heavily that it has become a veritable monster.

[The Chair, Conservative, Steven Blaney]

Mr. Petit, your preamble is very lengthy and your time is running out.