Evidence of meeting #72 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 languages.
A recording is available from Parliament.
4:20 p.m.
As an Individual
Yes.
The process is very simple: file a complaint with the Commissioner of Official Languages, wait for the report stating that the complaint is founded, and call Air Canada. If Air Canada does not respond to my complaint, I file suit.
4:20 p.m.
Liberal
Paul Lefebvre Liberal Sudbury, ON
You suggested that a parallel system of automatic measures be put in place. The amount of the fine is already established. The Commissioner of Official languages may confirm or not confirm that a person's language rights have been violated.
You are very much engaged in the Air Canada file, but I would like to know whether other parallel institutions have these kinds of automatic measures.
4:20 p.m.
As an Individual
I do not know because I have not had a chance to look into the matter. As you said, I am an official languages expert because I have previously experienced these kinds of situations. Apart from that, I do not know.
However, I can tell you one thing. It would be a lot easier if there were a system—it would be up to you to decide what system—in which the Commissioner of Official Languages, who determines whether a Canadian's language rights have been violated, would tell the complainant that he is entitled to $1,500. That would be a lot easier. We would need fewer judges and that would unburden the judicial system. I am not sure the majority of complainants would follow through to the end of the process. All I know is that doing nothing is a serious matter. Since no one complains, they continue to violate our rights and have done so since 1969. I think we have to find other solutions.
4:20 p.m.
Liberal
4:20 p.m.
Liberal
René Arseneault Liberal Madawaska—Restigouche, NB
Thank you, Mr. Chair, and thanks to my colleague.
Mr. Thibodeau, earlier in response to my colleague Mr. Lefebvre, you said that the remedial process should be better framed. In fact, that is a simple way of saying that the complaints process should be made easier for litigants. What do you think would be the ideal process?
4:20 p.m.
As an Individual
Once the Commissioner of Official Languages has concluded that the complaint is valid, that rights have been violated—
4:20 p.m.
Liberal
René Arseneault Liberal Madawaska—Restigouche, NB
Pardon me for interrupting you. So you should start by filing a complaint, should you not?
4:20 p.m.
As an Individual
Yes, and it is simple. It could be a photograph showing an English-only sign. There is nothing complicated about it. The Office of the Commissioner of Official Languages does not ask you to complete a long, complicated form. It can be done by sending an email stating that rights have been violated. The people at the Commissioner's office respond requesting details, as they just did in the Wabush case. Once that is done, and it is very simple, once the report is filed, and the Commissioner confirms that rights have been violated, I would personally consider it a good move for the Commissioner to impose fines or damages.
Whether the decision comes from a Federal Court judge or the Commissioner of Official Languages, it does not make much of a difference for the person whose rights have been violated. I want it acknowledged that my rights have been violated, I want it to stop, and I want a letter of apology. Then, whether the decision comes from the Commissioner, who has the power to slap Air Canada on the wrist and tell it that it has re-offended, or from the court—
I would be in favour of that power being given to the Commissioner. In fact, that would be one of the solutions. I am not saying it is the only one, but it would be a simple process.
4:25 p.m.
Liberal
René Arseneault Liberal Madawaska—Restigouche, NB
When you filed your first complaint 17 years ago, did you deal directly with the Office of the Commissioner of Official Languages?
4:25 p.m.
As an Individual
Yes, and the news was also reported in the press.
I phoned Le Droit to tell them I had asked to be served in French and the police had been sent after me. Imagine... The journalist arrived at my home shortly thereafter.
I proceeded by email every time. There was no form to complete and the process was very simple. I explained what had happened, that I was in Wabush on such and such a date, at such and such a time, and that I was not served in French. I sent the email.
I know now that this takes time. I used to check every other day to see if I had received a reply. Now I know the answer will not come for months, five or six months.
I am not saying it is perfect, but I wait for the answer, and when I receive it, I call Air Canada to say that the company has re-offended and to ask what it intends to do.
4:25 p.m.
Liberal
René Arseneault Liberal Madawaska—Restigouche, NB
Do you always speak to the same person at Air Canada?
4:25 p.m.
As an Individual
Since this meeting is public, I will not reveal the person's name because I do not want to get the individual in trouble.
I have no privileged contact within the company, but you learn over the years, after 17 years.
4:25 p.m.
Liberal
René Arseneault Liberal Madawaska—Restigouche, NB
We met with some Air Canada people who said that there was an internal system for handling these kinds of complaints, that everything was working, and that there was a very small volume of passenger complaints.
4:25 p.m.
As an Individual
Personally, I do not go through that system, but I contact the Office of the Commissioner of Official Languages. I cannot comment on that system.
4:25 p.m.
Liberal
René Arseneault Liberal Madawaska—Restigouche, NB
So Air Canada has never directed you to its complaints processing system?
4:25 p.m.
As an Individual
As far as I can remember, no. I do not remember.
It was much more difficult at the outset. Now it is much easier because Air Canada knows me and knows what I can do.
Its lawyers initially fought over minor points. I can tell you that I once found myself before a judge in Montreal and one of Air Canada's lawyers said that, if the incident occurred again, Air Canada had the power to throw me off the aircraft. That was said before a judge. The lawyers fought over details because this was new, there was no case law, and they thought they could do what they wanted with me.
After a number of years, however, they realized they could not easily get the better of me. They got to know me, but it was enormously difficult, so much so that I once passed out in front of three Appeal Court judges because I was exhausted and I had files that were piling up. The Appeal Court judges told Air Canada that its appeal was much more oppressive than meritorious. The company wanted to beat me up, and it has the resources to do that, but now it knows me.
4:25 p.m.
Liberal
René Arseneault Liberal Madawaska—Restigouche, NB
You file your complaint via email, and you get a call five months later, and the case is resolved. Is that correct?
4:25 p.m.
As an Individual
I am not telling you I receive $1,500 every month. I have no right to tell you—
4:25 p.m.
Liberal
René Arseneault Liberal Madawaska—Restigouche, NB
I am well aware of that, but I am developing a hypothesis. Air Canada agrees to give you a specific amount and to avoid further proceedings. If you are satisfied with that, you say, “Yes.” It is always the same department at Air Canada that calls you. Is that correct?
