Evidence of meeting #20 for Official Languages in the 45th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was burke.
A recording is available from Parliament.
Conservative
Conservative
Joël Godin Conservative Portneuf—Jacques-Cartier, QC
Ms. Burke, I want to thank you. It's important to know where you've come from so we can know where you can take us. Thank you for answering the questions and taking part in this exercise.
I hope to come back and ask you more questions.
Liberal
The Chair Liberal Yvan Baker
Thank you, Mr. Godin.
I will now give the floor to Mr. Deschênes-Thériault for six minutes.
Liberal
Guillaume Deschênes-Thériault Liberal Madawaska—Restigouche, NB
Thank you, Ms. Burke, for being with us today.
My first question is very simple. What is your vision for the Office of the Commissioner of Official Languages, in a context where the modernized version of the Official Languages Act requires more rigour and accountability?
Lawyer, As an Individual
Thank you for the question.
It's essential to have a very well equipped office. What I see is an office that already has a very solid structure in place. I plan to make it more dynamic. Especially given the new version of the act, I'd like to see a very innovative office that provides several opportunities to expand the scope of the commissioner's powers. It's important to be forward-looking as well. I really like to take an office in a certain state and turn it into an office that's very well equipped to face the challenges of the future.
Liberal
Guillaume Deschênes-Thériault Liberal Madawaska—Restigouche, NB
What do you think you will bring to official languages at the federal level? In other words, why are you the person we need to be Commissioner of Official Languages right now?
Lawyer, As an Individual
I bring the legal side. The perspective I bring as a lawyer has served me very well in my capacity as assistant deputy minister at the Ministry of Francophone Affairs and as French language services commissioner.
I believe the modernized version of the act requires a very specific perspective on justice and on how to interpret the act. The commissioner's new powers are based on fundamental principles in the act and a broad and liberal interpretation. The act applies at all times. Substantive equality is now rooted in the act, so I bring a legal perspective to bring those parts of the act to life.
Liberal
Guillaume Deschênes-Thériault Liberal Madawaska—Restigouche, NB
As you mentioned, the modernized act provides the commissioner with increased powers. You will be the first commissioner to serve under the new regulations that have been proposed.
How would you like to operationalize those regulations and new powers?
You're arriving at what I would call a pivotal moment in the history of official languages. I'd like to hear your thoughts on that.
Liberal
Guillaume Deschênes-Thériault Liberal Madawaska—Restigouche, NB
I'm talking about the administrative monetary penalties regulations.
Lawyer, As an Individual
Administrative monetary penalties apply in limited circumstances. It's a power of last resort. I think there are opportunities to reach agreements and find solutions without necessarily having to impose penalties. At the end of the day, if imposing them is justified, they will obviously be imposed at the ideal time.
The penalties are still limited by the regulations. I can see that the process is fairly cumbersome. The scope of the regulations may eventually expand, but for now, I think we'll be able to work with these robust regulations to reflect the requirements of the act.
Liberal
Guillaume Deschênes-Thériault Liberal Madawaska—Restigouche, NB
We know that official language minority communities across the country face many challenges.
If your appointment were approved by Parliament, what would be the first issue you would want to look at?
Lawyer, As an Individual
The first issue I want to look at is compliance in general. We know there are still systemic issues with compliance. That's reflected in the commissioner's annual reports. I think the priority is to address the causes of non-compliance.
You recently welcomed Professor Tellier, who talked about how to resolve systemic issues. In my opinion, it starts with a study of the root causes of non-compliance. The priority will really be compliance, including how to achieve it and what the causes and repercussions of non-compliance are.
Liberal
Guillaume Deschênes-Thériault Liberal Madawaska—Restigouche, NB
We have regularly heard about the decline in the demographic weight of francophone communities across the country and the decline of French. This is a major challenge.
How do you understand the reality of the decline of French across Canada?
Lawyer, As an Individual
It's concerning. In the 2021 census, I noted a decline not only in Canada in general, but also in Quebec. That's something that needs to be addressed.
I'm still a bit optimistic about the bilingualism rate, which has remained at 18%, although that percentage can also be improved.
The decline is often attributed to communities that lack resources and services and don't have the means to live and thrive in their language. That's where I see opportunities, especially under part VII of the act, which sets out positive measures to increase the protection and promotion of French in communities, as well as opportunities for someone to learn a second language over the course of their life.
Liberal
The Chair Liberal Yvan Baker
Thank you, Mr. Deschênes-Thériault.
Mr. Beaulieu, you have the floor for six minutes.
Bloc
Mario Beaulieu Bloc La Pointe-de-l'Île, QC
Good afternoon.
The Official Languages Act, which was modernized by Bill C‑13, includes new asymmetrical provisions in favour of the French language in Quebec.
Could you tell me more about that?
Lawyer, As an Individual
Thank you for the question.
Without necessarily mentioning all the different things in the new version of the act, I can say that, first, there's explicit recognition of the decline of French in Quebec.
Second, there are new language obligations for private businesses. The implementation of the provisions on private businesses will be a good opportunity to further increase the francophone presence in Quebec.
Third, the Commissioner of Official Languages has increased powers in Quebec.
Fourth, federal institutions must assess the impacts of their decisions on French in Quebec.
Those are four examples. If I'm granted this position, throughout my work in the office, and thanks to the expertise there, we'll be able to develop more answers to your questions on this subject.
Bloc
Mario Beaulieu Bloc La Pointe-de-l'Île, QC
The new version of the act reads as follows:
2 The purpose of this Act is to (a) ensure respect for English and French as the official languages of Canada and ensure equality of status and equal rights and privileges as to their use…; (b) support the development of English and French linguistic minority communities in order to protect them while taking into account the fact that they have different needs; (b.1) advance the equality of status and use of the English and French languages within Canadian society, taking into account the fact that French is in a minority situation in Canada and North America…and that there is a diversity of provincial and territorial language regimes that contribute to the advancement, including Quebec's Charter of the French language…; (b.2) advance the existence of a majority-French society in a Quebec where the future of French is assured;…
I won't list all the positive measures, but the act mentions “the necessity of protecting and promoting the French language in each province and territory, taking into account that French is in a minority situation”.
We in the Bloc Québécois, as well as Liberal ministers, have often said that there's a need to protect French not only outside Quebec, but also in Quebec.
What positive measures do you think should be taken for French in Quebec?
Lawyer, As an Individual
While the positive measures in the act offer a number of possibilities, those are just examples.
To give you a more in-depth answer, I would really like to move into the environment with the expertise to properly identify positive measures.
That said, positive measures are essential to promoting the vitality of the francophone community not only in Quebec, but also across the country. These measures will create opportunities and provide better oversight by the commissioner, who will be able to determine whether these measures meet the needs of the community they serve.
Bloc
Mario Beaulieu Bloc La Pointe-de-l'Île, QC
To date, this new aspect of the Official Languages Act hasn't had an impact. There have been no new positive measures for French in Quebec, and there has been no consultation with groups promoting the defence of French in Quebec.
What are your thoughts on that?
Lawyer, As an Individual
This may be an opportunity to remedy that, given that the regulations related to part VII of the Official Languages Act, which contains the positive measures, are currently being approved and will eventually come into force. Right now, there's an opportunity to hold those consultations.
Bloc
Mario Beaulieu Bloc La Pointe-de-l'Île, QC
The regulations are very vague. We have seen the new regulations, so that's not what's going to change the trend regarding French in Quebec.
Lawyers who have appeared before the committee even said that the government is currently in violation of its own act. In fact, it held consultations without any participation from francophones in Quebec, or in a very marginal way. I was even the one who encouraged certain groups to go. That's a bad start.
When witnesses, such as the Minister responsible for Official Languages or the President of the Treasury Board, come here, they do a lot of bobbing and weaving.
Are you going to try to ensure that the act is truly respected in that regard?