Evidence of meeting #143 for Official Languages in the 42nd Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was directive.
A recording is available from Parliament.
Liberal
NDP
François Choquette NDP Drummond, QC
Was this directive updated in response to the decision by the Supreme Court of Canada regarding the École Rose-des-vents?
Liberal
Senior Director, Real Property and Materiel Policy Division, Acquired Services and Assets Sector, Office of the Comptroller General, Treasury Board Secretariat
I will answer your question in English. I hope that is alright with you.
Senior Director, Real Property and Materiel Policy Division, Acquired Services and Assets Sector, Office of the Comptroller General, Treasury Board Secretariat
Thank you very much. My answer will be clearer in English.
The update to the directive was made, as mentioned, at the end of 2015. It was specifically in response to a letter that was received from the Commissioner of Official Languages.
NDP
François Choquette NDP Drummond, QC
Was that linked to the decision regarding the École Rose-des-vents?
What was in this letter from the commissioner? I can ask you the question, but we won't have time to discuss it in detail. Can you send this letter to the clerk so that we can take a look at it?
Senior Director, Real Property and Materiel Policy Division, Acquired Services and Assets Sector, Office of the Comptroller General, Treasury Board Secretariat
Okay.
Liberal
Steven MacKinnon Liberal Gatineau, QC
Actually, it is regarding a separate issue in the Northwest Territories.
NDP
François Choquette NDP Drummond, QC
Alright.
Mr. MacKinnon, there is a decision by the Supreme Court of Canada regarding the insufficient number of Francophone schools in provinces such as British Columbia. This was a decision by the Supreme Court of Canada.
NDP
François Choquette NDP Drummond, QC
The Court told you that there is a problem regarding the disposal of property, among other things. It seems that there has not been any amendment to the policy, the Directive, following that decision. That is what concerns me.
Liberal
Steven MacKinnon Liberal Gatineau, QC
I am not a constitutional expert.
Clearly, the Government of Canada is only one of the stakeholders that can sell property to a school board.
NDP
Liberal
Steven MacKinnon Liberal Gatineau, QC
Absolutely.
My interpretation of the situation in British Columbia is that the government immediately set into action. All of the discussions in which I participated, with Mr. McBain or with department representatives, sought to encourage a positive outcome for the Conseil scolaire francophone of British Columbia.
Public Services and Procurement Canada has updated internal procedures in response to a decision or an intervention by Ms. Foote, who was the affected minister at the time. We are clearly continuing in this positive direction.
NDP
François Choquette NDP Drummond, QC
I understand your point of view, Mr. MacKinnon.
What concerns me and probably concerns all official-language minority communities is what happened following this decision by the Supreme Court of Canada, which received a lot of media coverage. Normally, the Treasury Board would have to be informed and we would recognize the need to do something.
Since you role is to comply with the Official Languages Act, you would have had to enforce a new policy in reaction to that decision. It's a bit like what Mr. Samson said regarding Part IV. It is certainly very important to consult First Nations first. I also believe it. That is part of the Constitution Act, 1982. That said, the Official Languages Act is nevertheless quasi-constitutional. Therefore, I don't understand why official-language minority communities are not consulted during your disposal process.
Liberal
Liberal
Steven MacKinnon Liberal Gatineau, QC
That was done through the update of the Directive, then the update...
Senior Director, Real Property and Materiel Policy Division, Acquired Services and Assets Sector, Office of the Comptroller General, Treasury Board Secretariat
If I may, I do have a few pieces of information to offer.
The specific change that was made is that:
Custodians shall develop a balanced disposal strategy for strategic surplus properties that is supported by a comprehensive assessment of federal and other stakeholder interests (including those of official language minority communities)
NDP
François Choquette NDP Drummond, QC
I understand very well the change that you have made, but I don't see how that addresses the judgment by the Supreme Court of Canada. You speak of groups in general, and you included official-language minority communities among them. What concerns me about your directive is that it does not give priority to anyone in particular, whether these are environmental groups, municipalities or official-language minority communities. In my view, your policy does not address the decision by the Supreme Court of Canada.
Liberal
Steven MacKinnon Liberal Gatineau, QC
On the contrary, Mr. Choquette. For the first time, we explicitly mention official-language minority communities in this directive, which governs all of us at the department. In addition, the department has created internal methods regarding this directive. In the case we just discussed, the Canada Lands Company was incredibly engaged with the Francophone community in British Columbia. As a result, we feel that we have significantly improved our consideration for official-language minority communities in those decisions.
That said, as I think I told you right at the start, we are very open to suggestions like the ones that you just mentioned. However, we should remember that setting priorities involves putting something ahead of something else.