Official Languages Committee on June 11th, 2018

[Katherine d'Entremont]

Yes. That's what the association must do to comply with the act in New Brunswick.

[Paul Lefebvre, Liberal, Sudbury, ON]

You also mentioned Ontario's French Language Services Act, which you may not have looked at in detail. Commissioner Boileux has probably studied the question, but I don't think he has been invited to appear.

[Katherine d'Entremont]

I don't know whether professional associations fall under the French Language Services Act in Ontario. That would surprise me.

[Paul Lefebvre, Liberal, Sudbury, ON]

I don't either. I don't think so.

[Katherine d'Entremont]

I don't think Mr. Boileau has jurisdiction to deal with that type of complaint in Ontario.

As I said in my presentation, linguistic obligations have applied to New Brunswick's professional associations since July 1^st, 2016. That's as a result of the revisions that were made to the provincial Official Languages Act in 2013 and 2015. It's very recent.

[Paul Lefebvre, Liberal, Sudbury, ON]

I think we're going to continue asking questions about Ontario and see whether we can follow the same path New Brunswick has taken.

[The Chair, Liberal, Denis Paradis]

Thank you very much, Mr. Lefebvre.

Ms. Lapointe, you have four minutes.

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

Thank you, Mr. Chair.

Thanks to the witnesses for being with us. What they're telling us is very interesting.

I'm going to continue on the subject that my colleague just raised.

The professional associations have been subject to these obligations since July 1^st, 2016. Do you think the Nurses Association of New Brunswick is the only association that has failed to meet its official language obligations?

[Katherine d'Entremont]

That's an excellent question, Ms. Lapointe. What I can tell you is that we have conducted investigations of a number of associations since those obligations were imposed on New Brunswick's professional associations. Next week, we'll be releasing our annual report, in which we will detail the complaints and investigations we have addressed over the last fiscal year.

I've given you a list of professional associations: there are currently 43 of them in New Brunswick. To date, we've looked into complaints concerning half a dozen of them. They aren't limited to certification exams because all services are targeted. Some concern lack of service in person or by mail and others instances of non-compliance on associations' websites.

We conducted the investigation into the exam of the Nurses Association of New Brunswick, and we issued our report. We have received complaints filed against other associations concerning services, but they were not all about exams.

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

All right, thank you.

As regards your recommendation that the Nurses Association of New Brunswick report to the Office of the Commissioner on the measures taken to respect subsection 41.1(3) of the province's Official languages Act no later than September 4, 2018, you say you should have received a response last Friday. Do you think the association will be able to comply with your recommendation?

[Katherine d'Entremont]

According to the wording of that third recommendation, we're simply asking the association to send us a report.

I don't have jurisdiction to say that it has six months in which to comply. In actual fact, it must comply today, and it was supposed to have been in compliance starting July 1^st, 2016.

It's a simple recommendation: we're asking the association to report to us on its progress to date. It's not up to us to fix a period of several months in which to comply because it should already be in compliance. We're therefore asking it to inform us between now and early September where matters stand.

[Linda Lapointe, Liberal, Rivière-des-Mille-Îles, QC]

I'd like to follow on somewhat from what my colleague was saying earlier about exam simulations in French.

What can we in the federal government do? What kind of recommendations could we make to help you ensure the nurses' professional association meets its obligations?

[Katherine d'Entremont]

I think you should talk to the representatives of the Nurses Association of New Brunswick to see what their intentions are. I can't tell you on their behalf what they're going to do, what they're thinking of doing, or what they need. Will they continue to use this exam? Will they decide soon to stop using it and adopt another one? Is the association working with the associations of other provinces? Are they developing a Canadian exam? I don't know.

So I encourage you to ask them your questions. We make recommendations designed to ensure compliance with the act. Then it's up to the organizations—the Nurses Association of New Brunswick in this case—to take the necessary measures to comply.

[The Chair, Liberal, Denis Paradis]

Thank you very much, Ms. Lapointe.

Mr. Généreux, you have four minutes.

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

Thank you, Mr. Chair.

Some students appeared as witnesses at our last meeting. They eloquently described the problem and how they experienced the problems they encountered. In this entire affair, it's really them I think about because they represent the future of health care in French across Canada.

I'm going to draw an analogy. It's somewhat as though we were in the big kids' playground, but it's really the children who are the most important here. While we argue and try to determine the responsibilities of all the parties, it's unfortunately the children who are suffering.

I learned something earlier. Mr. Arseneault said that a lawsuit had already been filed. Who filed it? Was it students?

I don't know whether you can answer me. If not, perhaps Mr. Arseneault could.

[René Arseneault, Liberal, Madawaska—Restigouche, NB]

As far as I know, an action has been brought by the Société de l'Acadie du Nouveau-Brunswick, the SANB.

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

On behalf of the students?

[René Arseneault, Liberal, Madawaska—Restigouche, NB]

Yes.

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

Have the individuals who filed the complaint brought the action?

[René Arseneault, Liberal, Madawaska—Restigouche, NB]

It was brought by SANB with the support of a second group, the Fédération des étudiantes et étudiants du Campus universitaire de Moncton, or FÉÉCUM.

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

I see.

It's a somewhat absurd situation to some extent. An act is in force. You are the Commissioner of Official Languages of a perfectly, even officially, bilingual province. And yet here is a situation in which you, as commissioner, are forced to issue a report to say that the act has not been complied with.

[Katherine d'Entremont]

We see it every day, sir, and on other subjects as well.

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

So I understand that, even though the province is officially bilingual, that doesn't necessarily mean all problems are solved. Other situations arise in which the act is not complied with. Is that correct?

[Katherine d'Entremont]

Unfortunately yes.

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

What legal means do you think the students have with which to advance their case more quickly or significantly? I'm still thinking of the students in this matter.