Official Languages Committee on March 10th, 2023

[Francis Drouin, Liberal, Glengarry—Prescott—Russell, ON]

It's “restore and increase the re-establishment and growth of the demographic weight the French linguistic minority communities.”

[The Chair, Liberal, René Arseneault]

We will proceed with the vote on amendment LIB‑16 as amended.

(Amended amendment adopted: yeas: 10; nays: 0)

[The Chair, Liberal, René Arseneault]

So that brings us to amendment NDP‑8.

Ms. Ashton, you have the floor.

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Thank you, Mr. Chair.

It is with great pleasure that I present amendment NDP‑8, which seeks to add an essential step in the federal government's negotiations with the provinces and territories: negotiating language clauses for minority communities. In proposing this amendment to Bill C‑13, we want language clauses to be included in agreements with the provinces, unless it is impossible, which should rarely be the case.

This amendment is being moved thanks to the hard work of the francophone and Acadian communities that have endured underfunding for their essential services for years. Those communities have to fight constantly to protect their services, often services for which federal funding is provided.

I want to recognize the people who fought to keep Hôpital Montfort here in Ottawa, to preserve Campus Saint-Jean in Alberta, or to protect higher education in Sudbury and in the north. I want to recognize the people who are waiting for childcare in French all across Canada, including in communities like mine in Thompson, Manitoba. I want to recognize the people who wish to receive their healthcare in French. The purpose of this amendment is to mark a historic turning point for all these people.

Thanks to the solution we are proposing to add today, the federal government will no longer be able to forget the minority language communities of Canada and will ensure that language clauses are included, to protect and promote French everywhere in Canada.

[The Chair, Liberal, René Arseneault]

Thank you, Ms. Ashton.

Before debating amendment NDP‑8 further, I want to remind you that if that amendment is adopted, amendment BQ‑37 cannot be moved because of a line conflict.

[Mario Beaulieu, Bloc, La Pointe-de-l'Île, QC]

Is it the same thing for amendment IND‑1, on language clauses?

[The Chair, Liberal, René Arseneault]

No, there doesn't seem to be a line conflict in that case. It would just be amendment BQ-37 that could not be moved.

On the subject of new amendment NDP‑8, I now give the floor to Mr. Samson.

[Darrell Samson, Liberal, Sackville—Preston—Chezzetcook, NS]

Mr. Chair, thank you for giving me the opportunity to speak to amendment NDP‑8.

I would like to take the opportunity to thank the member for Churchill—Keewatinook Aski for her excellent work. We can see that she has taken the opinion of the diverse communities of Canada into account.

It is essential that necessary measures be taken in negotiating agreements. I worked on the ground in the field of education for two decades, and I can confirm that this is one of the most important things that associations across Canada are asking for.

I want to thank the member for including certain other worthwhile items in her amendment.

For example, when I worked in education, the school boards and organizations talked to me for a very long time about the lack of dialogue. There may have been discussions in some provinces or some territories, but in others there were none. Also adding the need to ensure dialogue and to hold real consultations will enable school boards and organizations across Canada to communicate their priorities clearly to the institutions, in order to achieve the objective of advancing French outside Quebec and the rights of anglophones in Quebec. So this is essential.

Her amendment also addresses accountability, a process we have been talking about for years. Very often, school boards and organizations in Canada have stated, long and loud, the need for accountability when an agreement provides for funds to be distributed, but they have not been listened to.

For all these reasons, I wanted to thank the member for Churchill—Keewatinook Aski for her innovation and hard work to advance the francophone community outside Quebec.

[The Chair, Liberal, René Arseneault]

Thank you, Mr. Samson.

Before giving the floor to Mr. Godin and Mr. Beaulieu, I would like to clarify something: if amendment NDP‑8 is adopted, there will be a line conflict not only with amendment BQ‑37, but also with amendment LIB‑18.1.

[Mario Beaulieu, Bloc, La Pointe-de-l'Île, QC]

Are we continuing debate?

[The Chair, Liberal, René Arseneault]

Yes, we are continuing with hearing comments. I just wanted to add that clarification, because it has been amended. Things are moving fast.

If amendment NDP‑8 is adopted, amendments BQ‑37 and LIB‑18.1 cannot be moved because of a line conflict.

Mr. Godin, you have the floor.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Chair, I think it is important to introduce this concept into the bill. In light of the testimony we have heard, I am in favour of including tools that will make it possible to achieve the desired results in the provinces and territories. Obviously, we have to find a way of doing things that respects provincial and territorial jurisdictions.

Having regard to the testimony heard and the convictions of the Conservative Party of Canada, our colleague's amendment suits us very well. We will therefore be supporting amendment NDP‑8, because encouraging collaboration rather than imposing obligations is consistent with our philosophy. The provinces' and territories' authority must be respected.

[The Chair, Liberal, René Arseneault]

Thank you, Mr. Godin.

Mr. Beaulieu, you have the floor.

[Mario Beaulieu, Bloc, La Pointe-de-l'Île, QC]

I'm going to let Mr. Rayes have my turn.

[The Chair, Liberal, René Arseneault]

Mr. Rayes, you have the floor.

[Alain Rayes, Independent, Richmond—Arthabaska, QC]

Thank you, Mr. Chair.

May I ask the witnesses a question?

[The Chair, Liberal, René Arseneault]

Yes, go ahead, Mr. Rayes.

[Alain Rayes, Independent, Richmond—Arthabaska, QC]

I'd like someone, whether one of the officials or clerks, or perhaps the analyst, to tell us whether the proposed NDP amendment will force the government to include language clauses in future funding agreements with the provinces and territories, or whether its intent is simply to have the government hold consultations, without becoming law.

Can anyone confirm this?

[The Chair, Liberal, René Arseneault]

One moment, please, Mr. Rayes.

Who would like to take this question?

Ms. Boyer, you have the floor.

[Julie Boyer, Assistant Deputy Minister, Official Languages, Heritage and Regions, Department of Canadian Heritage]

Thank you for the question.

Amendment NDP‑8 is proposing that the federal government take appropriate measures, when it negotiates agreements with provincial and territorial governments, to promote the inclusion of language clauses in the agreements. It does not propose making them compulsory. I believe that Mr. Godin just spoke about this.

These agreements often affect provincial or territorial areas of jurisdiction. The federal government would be required to systematically and regularly discuss with the provinces and territories the need to include language clauses in the agreements, but without making them mandatory.

[Alain Rayes, Independent, Richmond—Arthabaska, QC]

Mr. Chair, may I ask Ms. Boyer a further question?

[The Chair, Liberal, René Arseneault]

Go ahead, Mr. Rayes.

[Alain Rayes, Independent, Richmond—Arthabaska, QC]

Thank you.

In 2022, the Federal Court of Appeal handed down a decision in the matter opposing the Fédération francophone de la Colombie-Britannique and the Government of Canada. If a similar case were to arise in future, would amendment NDP‑8 mean that the decision handed down would be complied with or would it amount to what Ms. Boyer just mentioned, which is that the government would simply have an obligation to consult the provinces and territories? The decision demonstrated that, in spite of this obligation, the federal government had not taken the measures needed to include language clauses in the agreement, or that the measures it took were inadequate.

Am I wrong in saying that amendment NDP‑8, if adopted, would not not include anything that would prevent a decision like the 2022 ruling in the case opposing the francophone communities of British Columbia and the Government of Canada?

[Julie Boyer]

I'm going to ask my colleague Chantal Terrien to answer this question.

[Chantal Terrien, Manager, Modernization of the Official Languages Act, Department of Canadian Heritage]

This obligation is indeed in line with the decision involving the Fédération francophone de la Colombie-Britannique. It reflects precedent.

This obligation would of course be in Part VII of the Official Languages Act, where positive measures are addressed.