Evidence of meeting #73 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 questions.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Yvan Déry  Senior Director, Policy and Research, Official Languages Branch, Department of Canadian Heritage
Johanne Denis  Director General, Census Subject Matter, Social and Demographic Statistics, Statistics Canada
Jean-Pierre Corbeil  Assistant Director, Social and Aboriginal Statistics Division, Statistics Canada
Pierre Foucher  Professor, Faculty of Law, University of Ottawa, As an Individual

5:10 p.m.

Conservative

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

Yes, a mission.

At a certain point, too much is just like not enough.

In this case, someone is trying to find all the problems he may encounter or all the things that may violate his rights in order to denounce them systematically. Basically, I understand Mr. Thibodeau's mission very well. It's obviously become a mission for him, and that's his right.

If the commissioner had the opportunity to fine a company without anyone having to justify how the language rights hadn't been respected, wouldn't it open the door to terrible abuse?

5:10 p.m.

Professor, Faculty of Law, University of Ottawa, As an Individual

Pierre Foucher

There are two elements to that question.

First, if there is an abuse by the commissioner, the courts are there to correct it. We see this in other administrative areas. I have given courses in administrative law in my career and have taught this to students.

Second, as far as the substance of the matter is concerned, it is true that simply reading “Exit” over the aircraft door does not make the person become anglophone. However, it is a message that is sent to the French-mother-tongue population. It is as if they were being told that their language was secondary. For young people who see this, it's like drops falling into a bowl. As Gilles Vigneault said, the drop that falls into the bowl and causes it to overflow is no bigger than the others. However, when the bowl is full, it overflows. That is bilingual signage. That's the bilingual announcements in airports and bilingual airline tickets. Why do you think the Inuit have demanded that the airline print its airline tickets in Inuktitut? I went to Nunavut, and my airline ticket was printed in three languages. Why did they demand this? It's because the Inuit population wants Inuktitut to become a commercial language. The same spirit is behind the Official Languages Act.

In isolation, you're right, this case can seem like that of a Don Quixote-like missionary, tilting at windmills with his sword. However, if we aren't careful, if we don't draw a line in the sand to indicate that it ends here, the drops will continue to fall into the glass, and it will overflow.

5:10 p.m.

Conservative

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

You would rather amend the act than see the commissioner attack Air Canada only. Including provisions in the act is saying that all institutions under federal jurisdiction will be subject to the act.

Obviously, the commissioner doesn't just receive complaints about Air Canada, although we often talk about Air Canada. I don't want to be Air Canada's lawyer, because I'm not a lawyer; I work in a body shop. The fact remains that…

5:10 p.m.

Voices

Oh, oh!

5:10 p.m.

Conservative

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

What do you mean? You keep waving your professions around!

I'm joking; I shouldn't needle the witnesses.

5:10 p.m.

Liberal

The Chair Liberal Denis Paradis

Well!

5:10 p.m.

Conservative

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

Out of fairness, we could determine that all federal agencies must be on equal footing and not just target Air Canada, VIA Rail or any other organization, is that right?

5:10 p.m.

Professor, Faculty of Law, University of Ottawa, As an Individual

Pierre Foucher

Yes. We targeted Air Canada because the company belonged to the federal government, but applying this to all airlines in Canada could be an interesting idea.

5:10 p.m.

Conservative

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

What you propose is option four, administrative monetary penalties.

Does the commissioner also have to apply that?

5:10 p.m.

Professor, Faculty of Law, University of Ottawa, As an Individual

5:10 p.m.

Liberal

The Chair Liberal Denis Paradis

Thank you very much, Mr. Généreux.

Professor Foucher, thank you for your presentation.

5:10 p.m.

Professor, Faculty of Law, University of Ottawa, As an Individual

Pierre Foucher

Is it over already?

5:10 p.m.

Liberal

The Chair Liberal Denis Paradis

Yes, but your remarks were very instructive for the members of the committee. On behalf of everyone, thank you once again for your presentation.

5:10 p.m.

Professor, Faculty of Law, University of Ottawa, As an Individual

Pierre Foucher

Thank you for inviting me, and good luck. We will read your report with great interest.

5:10 p.m.

Liberal

The Chair Liberal Denis Paradis

Thank you.

We will pause for one minute, since we are going to continue the meeting in camera to address committee business.

[Proceedings continue in camera]