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.

On the agenda

MPs speaking

Also speaking

Michel Thibodeau  As an Individual

4:40 p.m.

Conservative

Stephanie Kusie Conservative Calgary Midnapore, AB

All right. Thank you.

4:40 p.m.

Liberal

The Chair Liberal Denis Paradis

Thank you, Ms. Kusie. Now we will hear from Mr. Choquette.

4:40 p.m.

NDP

François Choquette NDP Drummond, QC

Thank you, Mr. Chair.

I would like to go back to your answer to a question, that the Office of the Commissioner of Official Languages is the most appropriate organization to manage complaints and to ensure that fines are imposed.

4:40 p.m.

As an Individual

Michel Thibodeau

I believe so.

I have seen Air Canada's proposal for a bill that, if I correctly understand it, would provide for a transportation board or other entity to handle that. I would be opposed to that idea.

4:40 p.m.

NDP

François Choquette NDP Drummond, QC

All right.

4:40 p.m.

As an Individual

Michel Thibodeau

Over the 17 years during which I have defended my language rights, I have always been well served by the Office of the Commissioner of Official Languages, which has experts, lawyers, who handle complaints concerning language. I believe that should remain the responsibility of the Commissioner's office.

4:40 p.m.

NDP

François Choquette NDP Drummond, QC

Indeed.

With respect to other general improvements to the situation regarding Air Canada, we mentioned enforceable agreements, fines and monetary penalties that would be the responsibility of the Commissioner's office. Someone also mentioned a bill by former MP Mr. Dion designed to give the Official Languages Act precedence over the Montreal Convention.

Are you aware of any other recommendations to improve the language rights situation at Air Canada that would address virtually all the problem situations you have experienced?

4:45 p.m.

As an Individual

Michel Thibodeau

To answer your question off the top of my head, I would say I would proceed in stages. One of the Commissioner's recommendations is to verify or review the situation every 5 or 10 years to see how it is evolving.

As committee members, as elected MPs, and as the government, you could introduce measures such as fines or damages—$1,500 per violation—and assess how that evolves over time, over the next five years. If, after five years, still no complaints have been filed and Air Canada is still not serving its customers in both official languages, you might find that the system does not work. That would mean we would not find ourselves in the same situation in 2039.

There could be a staged procedure involving various approaches and—I just want to go back to this point—it would make no difference whether the Commissioner of Official Languages or the court imposed the $1,500 fine.

Currently, a Federal Court judge alone may impose fines. It would be even easier if it could be explained to judges that, even though they retain the right to order just and appropriate remedy, the government, the committee, and Parliament believe that a fine should be approximately $1,500.There might be an information tool designed to make this possibility known to the general public. You could try solutions to see if they change the situation, and if it does not change in the next five years, you could try something else.

4:45 p.m.

NDP

François Choquette NDP Drummond, QC

As regards the idea of informing the public and Air Canada's passengers, the airline conducted sample-based surveys, and it was difficult to determine exactly what the results were. The airline said that people were quite satisfied, but when we looked at the results, we saw that the percentage of people who were not satisfied with the service in French, in the official language of their choice, was nevertheless quite high. These were internal surveys.

Would it not be the government's responsibility to verify, based on the many reports prepared by the Commissioner of Official Languages, whether passengers are satisfied with Air Canada's service in both official languages and compliance with of their language rights?

4:45 p.m.

As an Individual

Michel Thibodeau

I think that could easily be done. It will require no statutory amendments or anything else. Perhaps we should make a recommendation to the Commissioner of Official Languages. I know he conducts occasional studies on Air Canada.

4:45 p.m.

NDP

François Choquette NDP Drummond, QC

Yes.

4:45 p.m.

As an Individual

Michel Thibodeau

If the purpose of your question is to determine whether it is possible to do a very specific study of customer satisfaction with service in French, I cannot remember whether that has been done or when a similar study was conducted. I believe it can very well be done by the Office of the Commissioner of Official Languages.

4:45 p.m.

Liberal

The Chair Liberal Denis Paradis

Thank you very much, Mr. Choquette.

Now we will hear from three speakers, Messrs. Généreux, Clarke, and Arseneault, and then we will adjourn. You have two minutes each.

4:45 p.m.

Conservative

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

Mr. Thibodeau, in a special report, the Commissioner of Official Languages has proposed solutions to improve implementation of the Official Languages Act at Air Canada. Since you have previously experienced various problems with other organizations subject to that same act, do you feel it is discriminatory toward Air Canada to subject it alone to the four proposals made by the Commissioner: enforceable agreements, statutory damages, fines, and administrative monetary penalties?

Should we add such provisions to the act so that they are applicable to all organizations subject to the Official Languages Act?

4:45 p.m.

As an Individual

Michel Thibodeau

That would not be a problem for me.

I do not believe that would be discriminatory, since those organizations must comply with the act and currently do not.

4:45 p.m.

Conservative

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

Yes, but this is a special report on Air Canada.

4:45 p.m.

As an Individual

Michel Thibodeau

I understand that.

4:45 p.m.

Conservative

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

The Commissioner would like these measures to be added to the act and solely with respect to Air Canada. That is what is stated.

4:45 p.m.

As an Individual

Michel Thibodeau

I understand what you are saying.

I am answering your question off the top of my head.

4:45 p.m.

Conservative

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

Yes.

4:45 p.m.

As an Individual

Michel Thibodeau

I think something has to be done, either with respect to the Air Canada Public Participation Act or by extending those measures, as you say, to the entire Official Languages Act. That would not be a problem for me.

4:45 p.m.

Conservative

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

That is the question I am asking.

4:45 p.m.

As an Individual

Michel Thibodeau

Personally, I would agree.

4:45 p.m.

Conservative

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

From the moment several organizations, both private and public, are subject to the Official Languages Act and statutory damages and penalties may be imposed on organizations that fail to comply with it, they should all be treated equally. Do you agree?

4:45 p.m.

As an Individual