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.

On the agenda

Members speaking

Before the committee

Burke  Lawyer, As an Individual

4:25 p.m.

Lawyer, As an Individual

Kelly Burke

Yes, there is a decline, but I am very hopeful that we can remedy the decline. The way I see it is that we all have a role to play. We all have a collective responsibility to ensure that the decline is curbed so that we can renew and restore the demographic weight as it was, going back to 1971. I think that is where we are all heading, at least in a vision that we will solidify our francophonie and our bilingualism across the country.

I think bilingualism is more important today than at any other point in our history, to be frank. A number of geopolitical forces at play require Canada to be separate and distinct. I believe our bilingualism does that.

How can the commissioner help? Of course, it's to exercise all the powers the commissioner has under the new statute. I think they are welcome powers. It's incumbent upon the commissioner to make sure that we employ best practices so that they can be administered in a way that is consistent with the act, which is to ensure compliance, not to punish.

I see us entering a phase of opportunity. We've built on a very strong base from the earlier commissioners over decades. I believe the commissioner can now play a key role in ensuring that we can strengthen our bilingualism even more so, going forward. I think key sectors are critical to identify. The act spells out education, health, culture, justice, immigration and employment. I think we can contribute to all these areas to ensure that our bilingualism becomes even more strengthened than it is today.

4:25 p.m.

Conservative

Dalwinder Gill Conservative Calgary McKnight, AB

Thank you.

Some legal experts have said that certain powers of the commissioner risk becoming symbolic rather than corrective. How would you ensure that your interventions would lead to real change within institutions?

4:25 p.m.

Lawyer, As an Individual

Kelly Burke

They're far from symbolic—I would start with that—and even more so with the new statute. I think we are entering a phase of a legal space where official languages will continue to grow but under a very legally oriented approach. It's an approach that I'm used to. It's one that I put in place in my role as both assistant deputy minister in Ontario and commissioner. It's very much persuaded people across the province to exercise their rights in French, and of course across Canada it would be in the English language as well.

The legal perspective will be very helpful. I think the new powers afforded to the commissioner will enable us to achieve some outcomes. Working closely with everyone in this space will certainly generate some positive outcomes.

The Chair Liberal Yvan Baker

Mr. Gill, your time has concluded.

4:25 p.m.

Conservative

Dalwinder Gill Conservative Calgary McKnight, AB

Thank you.

The Chair Liberal Yvan Baker

I will now give the floor to Ms. Mingarelli for five minutes.

Giovanna Mingarelli Liberal Prescott—Russell—Cumberland, ON

Thank you, Mr. Chair.

Good afternoon, Ms. Burke. Thank you very much for being here today.

I am the member for Prescott—Russell—Cumberland, an Ontario riding that is heavily francophone.

Here's my first question.

Since you've worked closely with Ontario's francophone communities, how would you describe their current reality?

4:25 p.m.

Lawyer, As an Individual

Kelly Burke

The reality of Ontario francophones is strengthened by the fact that we have significant structures in the province to protect French. That said, French must always be a priority. I've made that point to the Ontario government at every opportunity. I pointed out that there were a number of priorities and that French was one of many.

The fate of official language minority communities in Ontario depends on a government deciding whether or not it remains a priority. I insisted that it should. The communities, along with the commissioner and the Ministry of Francophone Affairs, must make concrete efforts on a daily basis to strengthen the position of francophones in the province of Ontario.

As I mentioned, francophones are a huge asset to Ontario. The francophone community also makes a huge contribution. We need to better highlight and protect what we've accomplished. We in Ontario must never give up. I encourage every francophone in the province of Ontario to keep standing tall.

I am very motivated by the fact that two communities have been designated under the French Language Services Act in recent years. I was very proactively involved in the Markham area, and I celebrated the designation of Sarnia, where I taught for a few years early in my career.

I would encourage the francophone community to propose other places that should be designated under the act. That will further strengthen French in the province.

Giovanna Mingarelli Liberal Prescott—Russell—Cumberland, ON

Thank you.

My second question will be in English. Given your history working with the Franco-Ontarian community in your previous role, but also the fact that you lived in Ontario as a francophone and anglophone, how did you and how will you continue to build trust between the Franco-Ontarian and the Anglo-Ontarian communities?

4:30 p.m.

Lawyer, As an Individual

Kelly Burke

I can say that trust is earned. The way that I have always brought the anglophone and francophone communities together is through trusting relationships—education as well. I mentioned earlier the commemoration of the 400 years of francophone presence in the province of Ontario. That was a year-long commemoration that I led at the Ministry of Francophone Affairs. The bridges that I had to build between the communities to ensure that both anglophone and francophone communities were involved in this exercise was critical. We had mostly anglophone communities who were very instrumental in ensuring that the celebration went off without a hitch. Penetanguishene has a very bilingual community, as you know, but also a very anglophone side of that community was instrumental, along with the francophone community, to make sure that commemoration was a success.

The critical piece for me, when I worked in my roles, was to engage anglophones right across government. Ontario works in an anglophone environment at the government level. My role was to ensure that my colleagues across the Ontario government fully understood the importance of the French language in the province of Ontario. For many it was a revelation. Many had no idea. What is incumbent upon someone in this role, and in every role of leadership, is to continue to educate the communities about the francophone community and the contributions that it has made; and incite the anglophone community to become excited about that. They were in the 400th commemoration of the francophone presence in Ontario.

Building bridges, education and advertising the gains that we make in fighting for rights are also very important.

Giovanna Mingarelli Liberal Prescott—Russell—Cumberland, ON

Thank you.

The Chair Liberal Yvan Baker

Thank you. Your time is up.

Mr. Beaulieu, you have the floor for two and a half minutes.

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

I'll be quick, because I have very little time.

Commissioner, I sent you questions in advance. Earlier, I asked you the first question about asymmetrical measures, but you didn't name me any specific ones.

Have you studied my questions? Have you seen them?

4:30 p.m.

Lawyer, As an Individual

Kelly Burke

Which question in particular are you referring to?

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

I'm talking about the one on asymmetrical measures in favour of French in—

4:30 p.m.

Lawyer, As an Individual

Kelly Burke

I mentioned four. There were some real gems in there.

I did receive your questions, but, as I told you, I would like to have a chance to study them properly.

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

Okay. You want to study them in more depth.

I'll ask you another question.

Can you describe the decline of French in Canada and Quebec since the Official Languages Act was introduced, according to the various language indicators?

In fact, target one.

4:35 p.m.

Lawyer, As an Individual

Kelly Burke

There's a language indicator that comes to mind right away. I did a little research on it, since you sent me your questions, which I appreciate. By that I mean the demographic weight of francophones based on the first official language spoken.

There has, in fact, been a decline in Quebec and across Canada since 1971. Between 2016 and 2021 alone, there was a 1.5% decline. That's significant. In Canada, there was a decline of 0.8%, according to the 2021 census.

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

Is that based on the main language used at home?

4:35 p.m.

Lawyer, As an Individual

Kelly Burke

No, it's the criterion of the first official language spoken, the mother tongue.

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

The first official language spoken is an indicator that somewhat inflates the figures. If we look at the main language used at home, there has been an even more considerable decline, as you say. In Canada as a whole, outside Quebec, the proportion of people who mainly use French at home has gone from 4.3% to 2.1%. In Ontario, the decline is even a little more pronounced. Therefore, I don't think we can say that we're headed in the right direction. We really need to get things moving.

What do you intend to do to encourage the government to act? It really requires a change of course.

You said that we should take measures that have a remedial effect and restore the demographic weight of francophones.

What would you be willing to do to encourage the government to move in that direction?

The Chair Liberal Yvan Baker

Mr. Beaulieu, I'm sorry, but your time is up.

I gave you a bit of leeway, but we have to move on now. You can come back to it later.

Mr. Godin, you have the floor for five minutes.

4:35 p.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Thank you, Mr. Chair.

Ms. Burke, let's put this in context again. As I see it, you are doing an interview to become the Commissioner of Official Languages.

Here's my first question. Was there a confidentiality agreement when you left your job?

4:35 p.m.

Lawyer, As an Individual

Kelly Burke

I'm not at liberty to disclose all the details. What I can tell you is that we were satisfied and that I had met the requirements of the position.

4:35 p.m.

Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

I understand, Ms. Burke, but, with all due respect, I find the cloud hanging over your departure unfortunate. It would have been so simple to tell us that there is a confidentiality agreement, that you resigned or that you were asked to resign. That said, I respect your answer and I'll move on to my next question.

Are you familiar with the new version of the Official Languages Act, which received royal assent in June 2023?