Evidence of meeting #18 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 commissioner.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Graham Fraser  Commissioner of Official Languages, Office of the Commissioner of Official Languages
Pascale Giguère  Director and General Counsel, Legal Affairs Branch, Office of the Commissioner of Official Languages

5:20 p.m.

Commissioner of Official Languages, Office of the Commissioner of Official Languages

Graham Fraser

Actually, I'm throwing the ball back in your court. I see that, in fulfilling your duties as MPs, you travel a great deal. So you're in a position to see the situation first-hand.

Sometimes, the impact can be felt on the planning end. For instance, I attended the Canada Games in Prince George last year. Obviously, the scheduled flight from Vancouver to Prince George is not designated as a bilingual flight, since not enough francophone passengers take the flight to warrant the airline providing French-language service on board. But the people at the airline realized that a significant number of francophones would be flying to Prince George for the Canada Games, so they took steps to ensure that flights from Vancouver to Prince George had bilingual flight attendants on board.

That example, as well as that of the Olympic Games, is evidence of the fact that strategic planning leads to success. Otherwise, the planning has failed, in my view, especially when we are talking about flights from Montreal to Quebec City, Toronto to Quebec City, or Montreal to Bathurst.

The first thing I would look at is whether any strategic planning was done to make sure flights had enough bilingual flight attendants on board. Another consideration would be the training available to unilingual flight attendants. The fact of the matter is you don't need to have studied at the Sorbonne to know what “verre d'eau” means. What's more, the flight attendant should realize that the person is asking to be served in French and should know what to do—such as ask a co-worker to step in—given that they can't communicate with the passenger, themselves.

Passengers have complained that unilingual flight attendants had absolutely no idea how to deal with someone asking to be served in French. No institution subject to the Official Languages Act has ever been required to make sure its entire workforce was bilingual. What matters, though, is that the institution has a system in place to make the service available and enough staff who can step in to assist when employees aren't able to provide that service, themselves.

5:20 p.m.

Liberal

The Chair Liberal Denis Paradis

Thank you very much.

It is now over to Mr. Samson for one last question.

5:20 p.m.

Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

In a nutshell, it always boils down to leadership.

If you'd like to ask one last question in my place, Mr. Arseneault, go ahead.

5:20 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

Thank you, Mr. Samson.

I have a bit of a naïve question, legally speaking. I imagine that the Official Languages Act doesn't give you the authority to sue an institution for breach of contract, but I'm going to ask the question anyway.

We all know that Air Canada started out as a crown corporation that became a public corporation. That's the only reason why the company is subject to the obligations set out in the Official Languages Act, unlike Canada's other airlines, which aren't subject to the act because they have always been private companies.

Have you considered the possibility of suing Air Canada for breach of contract or agreement? Do you have that option?

5:20 p.m.

Commissioner of Official Languages, Office of the Commissioner of Official Languages

Graham Fraser

I'm not a lawyer, so I couldn't tell you the difference between legal action for non-compliance with the Official Languages Act and legal action for breach of contract.

But, as you can see, the report lists all of the legal actions that my predecessors and I have taken further to non-compliance with the Official Languages Act.

As to your question, I don't know whether the breach of contract argument would be an option.

5:25 p.m.

Liberal

René Arseneault Liberal Madawaska—Restigouche, NB

I may not have made myself clear. I understand what you're saying: your arguments always relied on the Official Languages Act.

Air Canada was made subject to the Official Languages Act in exchange for the ability to privatize.

5:25 p.m.

Director and General Counsel, Legal Affairs Branch, Office of the Commissioner of Official Languages

Pascale Giguère

If the contract was between the government and Air Canada—since the government was clearly the one that brought Air Canada under the enabling statute—then, unfortunately, the commissioner's office wouldn't have the authority to sue for breach of contract.

5:25 p.m.

Liberal

The Chair Liberal Denis Paradis

Thank you, Mr. Arseneault.

That concludes our time with you, Commissioner. I want to extend my sincerest congratulations for your courage and your vision in coming up with solutions. On behalf of the committee, I really want to thank you.

We will now suspend the meeting in order to move in camera.

Thank you.

[Proceedings continue in camera]