Thank you very much, Mr. Chair.
Dear colleagues, I will repeat my arguments briefly, for the benefit of those who were not here.
We are starting to make decisions regarding Bill C‑13. Today, the committee has to make a choice. It can choose to maintain the same vision of the official languages in Canada that has prevailed since the Official Languages Act was enacted in 1969, namely, that there is a francophone minority community outside Quebec and that French has to be supported right across the country, but that the anglophone minority community in Quebec also has to be supported.
The committee can also choose the vision presented by the Bloc Québécois. The Bloc maintains that the anglophone minority in Quebec is not truly a minority, because it is part of Canada's anglophone majority, and that the federal government has no obligation to support Quebec's anglophone community. Further, the Bloc maintains that the government should give in to Quebec's demands.
Proposed amendments to the bill are intended to eliminate the federal government's responsibility to support the development and vitality of Quebec's anglophone community and to implement the provisions of Bill 96, Quebec's Charter of the French Language.
That is a legitimate vision, but it is the Bloc Québécois's vision.
This has never been the vision of any other political party in Canada historically. The Conservative party has always supported the vitality and development of the English-speaking minority in Quebec; in fact, Brian Mulroney, in the Charlottetown Accord in 1992, proposed to make that part of the Constitution of Canada. We've always believed that all linguistic minority communities need to be supported.
Now we come to a reference in the bill that needs to be removed. It's a reference to Quebec's Charter of the French Language, which is now Bill 96, a law that was adopted using the notwithstanding clause pre-emptively to deprive Quebeckers of their right to go to court if their charter rights are violated and to have the court order a remedy.
Remember, the notwithstanding clause is there to say that there's a right, and section 1 of the Charter of Rights and Freedoms says that all rights are limited to what's reasonable in a free and democratic society. Now that doesn't apply; people won't be able to check to see if their right was violated and if it was done in a way that was fair in a free and democratic society. It basically overrides these rights. Nobody ever, when the Constitution was being repatriated or the Charter of Rights and Freedoms was being added in 1982, saw the notwithstanding clause being used in this way.
Recently in Ontario with respect to labour rights and in Quebec with respect to Bill 21 and Bill 96, the notwithstanding clause was used pre-emptively. The New Democratic Party and the Liberal Party, at least, have come out four-square against the pre-emptive use of the notwithstanding clause. Here we would be incorporating the pre-emptive use of the notwithstanding clause federally by making an approving reference, because this sentence talks approvingly of this law. We would be essentially handicapping the Attorney General when the Attorney General goes to court, as he said he will do in the Bill 21 case, to argue that the pre-emptive use of the notwithstanding clause is not constitutional. The Attorney General of Canada has already stated that when the Supreme Court hears arguments on Bill 21, the Government of Canada will be arguing that the pre-emptive use of the notwithstanding clause is not constitutional. However, what we would be doing here is allowing any of those provinces that try to justify the use of the notwithstanding clause pre-emptively to say, “But Mr. Attorney General, in your own bill you referred approvingly to a law that uses the notwithstanding clause pre-emptively.” That is not a good thing at all.
I would also point out that Bill 96 says that in order to receive services in English in Quebec, you need to have access to English schools, thus depriving close to half of the English-speaking community in Quebec of the right to get services in English.
The Official Languages Act has always provided that both communities should receive services in both languages.
Wherever you may be in Canada, as a francophone, you should be able to receive services in French from the federal government. The same applies for anglophones in Quebec, even in regions where they are in a very small minority, in ridings such as those represented by my colleagues here. Anglophones make up perhaps less that 1% of the population in Mr. Lehoux's riding but, federally, we should have access to services in both languages, right across the country. Yet that is not what the Charter of the French Language currently provides. That is not what Bill 96 says. Today, we have the opportunity to say the same thing.
The purpose of this sentence was to affirm that French is the official language of Quebec. It did not say anything more than that. There is a different way of saying it. We can say that Quebec's National Assembly has declared that French is the official language of Quebec, within its areas of jurisdiction, without mentioning that this is based on the operation of Bill 96. We can say the same thing, without mentioning a bill that does not enjoy a consensus in the minority community.
I want to point out that we would be referring to a bill, a law, that is probably supported by the majority of francophone Quebeckers but, according to all of the polls I have seen, is not supported by almost the entire English-speaking community in Quebec, at well over 95%, nor by any English-speaking organizations.
Why would we be referring to a law that nobody in the minority community supports? We would never do this to francophones in Ontario if they didn't support an Ontario bill. We would never then refer to it approvingly in a federal law. Why are we doing this when the English-speaking minority in Quebec, which is one of the communities we're supposed to be protecting under the Official Languages Act, doesn't agree at all? Not only is there no consensus; there's a complete disagreement with this law. There's no need to mention it.
Let me go to the final things.
One, there is no references to any other provincial law in this bill. We're not referring to Ontario's French Language Services Act. We're not referring to acts across this country to protect official languages, including in New Brunswick; we're referring to only one province's law. Why are we referring to only one province's law?
Also, the way we would be doing this, we would be approvingly referring to this law no matter what changes are ever made to it. As the federal Parliament, we would be surrendering our authority to a provincial legislature to change a law however it wanted at any time, as our officials said, without any control over what they would do. That is also not a good thing.
What message are you giving to the minority community in Quebec that disagrees with this law when the federal Parliament simply embraces it and includes it in a federal law and the minority community doesn't agree with it?
Also, I would again respectfully say that many of the amendments that are being proposed would cause real legal jeopardy to the English-speaking minority in Quebec. When you apply this bill and you apply it federally, when we're going to the courts to seek redress for our rights, the reference here, in my view, would cause real legal issues in terms of the rights of the English-speaking community in Quebec.
So I am making my case to my colleagues. Our discussions about the official languages are rare opportunities to truly put partisanship aside, because this is something we are passionate about. All Canadians are passionate about the official languages. The protection of their language is a hot topic for francophone minorities in the country, but also for anglophones in Quebec.
There are different ways of saying things: in a way that hurts others or in a way that does not hurt anyone. I am asking you, personally, as a colleague, to think about this when you vote on this amendment today. A number of Quebec MPs who are here today have very strong feelings on the topic. Please help us get our amendment through. It is very important, not only to us, but also to the community we come from. We want our voice to be heard.
As a member of Parliament, I would say that in the seven years I've been here, this is perhaps the most important argument I have ever made in Parliament, because I'm speaking about not only something I'm passionate about but also something my community is really frightened about. I've never had more calls or more emails on any issue than I've had on this one in my riding in Quebec. My constituents are scared about the effect it will have on them if a provincial bill and law that the English-speaking minority entirely disagrees with is put into federal law .
I plead with my colleagues. I hope you will support amendment LIB-4. I think this is the historical vision of all the federalist parties from 1968 until now.
I appreciate my colleagues' time. Thank you very much.