Evidence of meeting #26 for Official Languages in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c13.
A recording is available from Parliament.
5:15 p.m.
Liberal
The Chair Liberal René Arseneault
Thank you, Mr. Dupuis. I apologize for interrupting. Two and a half minutes go by quickly.
Ms. Ashton, you have the floor for two and a half minutes.
5:15 p.m.
NDP
Niki Ashton NDP Churchill—Keewatinook Aski, MB
Thank you very much, Mr. Chair.
In its January judgment in the appeal involving the Commissioner of Official Languages, the B.C. federation and Employment and Social Development Canada, the Federal Court of Appeal clearly held that the insertion of linguistic clauses resulted from the exercise of the federal government's spending power. In fact, the absence of a binding linguistic clause in the agreement respecting the transfer of employment assistance services had harmed the francophone community of British Columbia.
In your amendments, you propose binding language clauses. Do you therefore consider those clauses constitutional, particularly in light of the judgment of the Court of Appeal?
5:15 p.m.
Director General, Fédération des communautés francophones et acadienne du Canada
Yes.
5:15 p.m.
President, Fédération des communautés francophones et acadienne du Canada
Yes. Our goal isn't to create publications that aren't constitutional. We want the federal government, when negotiating agreements to transfer funding to the provinces and territories, to be required to consider the challenges facing francophone minorities.
We understand why the government can't require the provinces and territories to accept a language clause if they're opposed to it, but, as you know, the federal government has likely forgotten us and doesn't include us in most negotiations. Our intention is therefore at least to compel the government to act, even if there's no guaranteed result. Our proposal is definitely constitutional.
5:15 p.m.
NDP
Niki Ashton NDP Churchill—Keewatinook Aski, MB
I'd like you to take my remaining time to discuss how important it is to learn about what happened in British Columbia so it doesn't happen again.
5:20 p.m.
President, Fédération des communautés francophones et acadienne du Canada
All right.
Do you want to answer, Mr. Dupuis?
5:20 p.m.
Director General, Fédération des communautés francophones et acadienne du Canada
Yes, on page 9, we define what a language clause should include, in particular a requirement that the province consult francophone minorities and stakeholders to allow their priorities to be taken into account and to provide funding to meet their needs, which is very important. Sometimes they're consulted, but no provision is made for funding specifically to meet their needs. Furthermore, responsibilities should be enumerated for accountability purposes. We often don't know where the money transferred to the provinces goes. Lastly, there must be a statement of the federal government's right to intervene where the clause is not complied with.
5:20 p.m.
Liberal
The Chair Liberal René Arseneault
Thank you, Mr. Dupuis.
Mr. Gourde, you have the floor for five minutes.
5:20 p.m.
Conservative
Jacques Gourde Conservative Lévis—Lotbinière, QC
Thank you, Mr. Chair.
Thank you, Ms. Roy and Mr. Dupuis.
I want to draw on your vast experience, Ms. Roy. I'm intrigued by some of the points you made in your statement. You raised a few other problems, as well as the 2023 budget cycle, since that may affect the next budget.
Have you requested anything during this cycle that you're sure you want to see in the next budget?
5:20 p.m.
President, Fédération des communautés francophones et acadienne du Canada
No.
Mr. Gourde, when I referred to the 2023 funding cycle, I was talking about the Action Plan for Official Languages because it's a five-year plan and consultations for the next action plan, for 2023‑2028, are under way. That's why I said that. If we want major investments to be made in the francophone immigration policy, for example, we must ensure that the bill harmonizes with the action plan. That's why I mentioned the 2023 budget cycle.
5:20 p.m.
Conservative
5:20 p.m.
President, Fédération des communautés francophones et acadienne du Canada
No, we submitted nothing. I'm talking about the consultation process concerning the Action Plan for Official Languages, which is conducted by the Minister of Official Languages. That process is ongoing and will wind up in the fall so those funding requests can be entered in the 2023 budget cycle.
5:20 p.m.
Conservative
Jacques Gourde Conservative Lévis—Lotbinière, QC
Going back to Mr. Drouin's question about the amendments, why have you prioritized 6 of your 25 amendments? Did you think the others weren't as good? Did you think they were less likely to be accepted?
5:20 p.m.
President, Fédération des communautés francophones et acadienne du Canada
No, we wanted our amendments to be foundational and systemic and to cut across the federal government. That's why we chose those six amendments. We selected amendments that would enable real change so we wouldn't wind up in the same situations we've found ourselves in since the present act was passed. That's why we studied the matter at great length, as you know. Together with our lawyers and our members, we tried, taking these basic principles into account, to come up with amendments that would lead to structural and systemic changes in the machinery of government.
5:20 p.m.
Conservative
Jacques Gourde Conservative Lévis—Lotbinière, QC
The success of this reform, of Bill C‑13, will doubtless require a great deal of political will.
Did you examine the mandate letters that the Privy Council or the Prime Minister's Office sent to the President of the Treasury Board, the Minister of Canadian Heritage and the Minister of Official Languages for the new parliament? Is it possible they persuaded you to focus on certain clauses?
5:20 p.m.
President, Fédération des communautés francophones et acadienne du Canada
The mandate letters were one of many factors we considered in the research we conducted so we could propose wording that conveyed what we expected from the bill.
5:20 p.m.
Conservative
Jacques Gourde Conservative Lévis—Lotbinière, QC
Mandate letters often reveal a government's political will to solve a problem.
Did you sense that political will?
5:20 p.m.
Director General, Fédération des communautés francophones et acadienne du Canada
Yes, I think they reveal a political will.
5:20 p.m.
Conservative
Jacques Gourde Conservative Lévis—Lotbinière, QC
What I want to know is whether you looked at the mandate letters.
5:20 p.m.
Director General, Fédération des communautés francophones et acadienne du Canada
Yes, absolutely.
All our amendment requests are based on well-established principles in the bill but are intended to provide clarification in order to go further.
5:20 p.m.
Conservative
Jacques Gourde Conservative Lévis—Lotbinière, QC
Is it possible the mandate letters influenced your decision to cut the number of amendments from 25 to 6?
June 8th, 2022 / 5:25 p.m.
Director General, Fédération des communautés francophones et acadienne du Canada
I'd like to correct an assumption here. We never said there were 25 amendments either. A few years ago, we drafted a model bill in which we conducted a complete analysis of the Official Languages Act. Many of these requests were included in either Bill C‑32 or Bill C‑13, and now the six remaining amendments represent what's still to be done to produce the best possible bill for francophone and Acadian communities.