Thank you, Mr. Chair.
I would first like to note that many consultations were held before this bill was drafted, and I believe the government has considered the concerns of those who spoke out on the matter. We had an opportunity to react to the white paper and subsequently to the bill itself, and the Standing Committee on Official Languages of the House of Commons and that of the Senate heard a large number of submissions and took note of the amendments that were proposed.
I think that the government already has a very clear idea of the position Canadians have adopted on this bill and that it should pass it as soon as possible. Even though it’s said that all bills can be improved, you can't satisfy everyone. What we have is a bill that will markedly improve the official languages situation in Canada, and we should focus solely on the truly decisive issues today. I am all the more convinced that this is the correct approach because I have observed for some time that the problems associated with the Official Languages Act stem mainly from its implementation, not its content. The problems involved in implementing the act are precisely what have motivated calls for its modernization.
Although many people have claimed that the Department of Canadian Heritage has failed to exercise the required supervision in an effective manner, it isn't clear that the problem is structural. I think that the Department of Justice, for example, didn't take appropriate action on the object or scope of part VII of the act, but it clearly can’t transfer what was its responsibility to another entity. What’s necessary are a clear policy, clear mandates, strict supervision and quick government intervention when abuses occur. All departments and agencies have a duty to be competent and efficient.
It has been difficult to make part VII work under the regime of the present act. It is essential that the new act enable it to play its role. The Commissioner of Official Languages has previously published a guide to interpreting and applying part VII, and the Federal Court of Appeal has also issued a judgment on the matter. The Department of Justice was wrong to dismiss the Commissioner's opinion and to suggest that the courts interpret part VII in a restrictive manner rendering the act ineffective.
The Department of Canadian Heritage needs to leverage federal-provincial agreements to support the vitality of official language minority communities. In particular, it must verify how funding granted to the provinces is actually used. Adopting policies isn't enough. It is also essential to spell out how objectives are to be met. It's also important to specify that the government must not backslide. Every measure that may have a negative impact should be examined and revised if it can't be justified.
Furthermore, I consider it illogical to allow federally regulated businesses in Quebec to choose whether to comply with Quebec's language law or the federal act. First of all, the two language regimes don't share the same basis or objective. The federal government imposes and supports bilingualism and seeks to establish equality between the official languages. Quebec, on the other hand, has only one official language and a tolerance for English that originates in Canada's constitutional statutes. Its aim is accommodation and non-discrimination, not equality.
Second, I fail to see how the role of the Commissioner of Official Languages can be likened to that of the Office québécois de la langue française, or how rights can be created for citizens and workers that differ with the will of businesses. If the federal government wants to intervene in this sector, it should do so without mixing politics and law.