Evidence of meeting #24 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 draft.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Désilets  Managing Director, Société Santé en français
Léger  Full Professor, As an Individual
Juneau  Chair, Fédération culturelle canadienne-française
Henrie-Cadieux  Director, Strategy and government relations, Fédération culturelle canadienne-française
Rémillard  Executive Director , Fédération des associations de juristes d'expression française de common law inc.
Poliquin  Legal Advisor, Fédération culturelle canadienne-française

4:10 p.m.

Full Professor, As an Individual

Rémi Léger

On the whole, I think the new part VII is ambitious and the draft regulations lack ambition. I commend the committee for its work and the government for its willingness to be ambitious in part VII of the new act. I am disappointed, however, that the government hasn't provided the means to implement, and deliver on, the new commitments set out in part VII.

4:10 p.m.

Conservative

Marc Dalton Conservative Pitt Meadows—Maple Ridge, BC

Why do you say the proposed regulations are unambitious? Why do they lack teeth?

I'd like you and Mr. Désilets to say a few words about that.

4:10 p.m.

Full Professor, As an Individual

Rémi Léger

I like visuals, so to me, the process is like a funnel. The act comes first, followed by the regulations, and then come the directives or guidance. Right now, we are at the regulatory stage, and as I said, we need to have the tools and means to implement the principles and general commitments laid out in the act. Unfortunately, the draft regulations, in their current form, don't provide that.

4:10 p.m.

Conservative

Marc Dalton Conservative Pitt Meadows—Maple Ridge, BC

That's rather sad, because a lot of effort went into it.

Mr. Désilets, I'd like to hear what you have to say as well.

4:10 p.m.

Managing Director, Société Santé en français

Antoine Désilets

“Lack ambition” is a good way to put it, because I think there's a lack of understanding of how difficult it is to really apply a language lens at the hardest of times within the public service. The agreements negotiated with the provinces are a perfect example. I think the answer is a lack of understanding. Perhaps that's an understatement.

4:15 p.m.

Conservative

Marc Dalton Conservative Pitt Meadows—Maple Ridge, BC

Thank you very much.

The Chair Liberal Yvan Baker

Thank you.

It's now over to Mr. Deschênes‑Thériault for four minutes.

Guillaume Deschênes-Thériault Liberal Madawaska—Restigouche, NB

Thank you, Mr. Chair.

Mr. Désilets, I want to keep talking about the agreements, because they are a key piece in the health care sector.

The act states that institutions must take the necessary measures, when negotiating agreements, to promote the inclusion of language obligations. The proposed regulations state that taking “necessary measures” means informing the parties of the expectations and proposing language provisions. Do you think that's the most that taking “necessary measures” can mean?

4:15 p.m.

Managing Director, Société Santé en français

Antoine Désilets

That's a good question. Informing the parties of the expectations is essential and proposing language clauses is a given. I do not know whether both were already being done, so this is a good start. An impact analysis must be done at the end, to determine whether the negotiations had a real impact.

Guillaume Deschênes-Thériault Liberal Madawaska—Restigouche, NB

You mentioned Alberta as an example, which reached an agreement in principle that included an official language obligation. We got positive results for the Franco-Albertan community. What can we learn from this agreement with Alberta to support agreements with the other provinces?

4:15 p.m.

Managing Director, Société Santé en français

Antoine Désilets

That's an excellent question.

In this case, the credit goes to Alberta and the Franco-Albertan community, which successfully made its case to the provincial government, leading to the inclusion of measures in the action plan. This gives us an idea of the kind of positive measures we would like to see in agreements with the other provinces. I am thinking of direct collaboration with francophone groups, which Alberta mentions in its bilateral agreement, or funding specifically allocated to French-language health services. If it is not specified, it gets lost in the general funding pool. Ultimately, clear action is needed. Often, it’s not enough to say we want bilingual human resources. Bilingualism often takes a back seat when things get tough.

Guillaume Deschênes-Thériault Liberal Madawaska—Restigouche, NB

Thank you.

Mr. Léger, with regard to accountability, several witnesses have told us that the draft regulations do not sufficiently define the indicators for the evaluation or monitoring of their implementation. I would like to hear your thoughts on this matter.

Next, what kind of concrete accountability mechanisms could be used to improve the proposed regulations?

4:15 p.m.

Full Professor, As an Individual

Rémi Léger

I think you are referring to subsection 41(10), is that correct?

Guillaume Deschênes-Thériault Liberal Madawaska—Restigouche, NB

Yes. How can we ensure accountability when it comes to implementing the regulations?

4:15 p.m.

Full Professor, As an Individual

Rémi Léger

This requires performance indicators, criteria, requirements and a template. The draft regulations do not go beyond what is set out in the legislation. Therefore, I think it's good that it's in the legislation and that we focus on evaluation and monitoring. The next step is to equip people with the tools they need and to establish performance indicators to assess whether the measures taken have actually had the desired positive effects.

Guillaume Deschênes-Thériault Liberal Madawaska—Restigouche, NB

When the modernized version of the act was adopted, the guiding principle was advancing the substantive equality of the official languages. The modernized version of the act also recognizes that, although French and English have equal status under the law, their situation remains asymmetrical. You also talked about the concept of asymmetry. We know that French is in a minority situation in Canada, and that increased safeguards and affirmative measures may therefore be necessary.

You said that the special status of French may not be adequately reflected in the draft regulations. How could we ensure that the legislator’s intent is better reflected? How can this be put into practice?

The Chair Liberal Yvan Baker

You have 25 seconds left.

4:15 p.m.

Full Professor, As an Individual

Rémi Léger

That's a good question.

I believe that progress toward substantive equality and the recognition of French’s vulnerability or fragility go hand in hand. By acknowledging that we want to move toward substantive equality, we acknowledge that French is more vulnerable than the other official language and that it needs a boost. Perhaps we need to do more.

I therefore believe that the message in part VII of the act should be incorporated into the draft regulations. In my view, the regulations should have an objective, which reinforces the commitment to achieving substantive equality and the need to adapt the treatment to reflect current realities and needs. We must acknowledge that French may need a little extra support—

The Chair Liberal Yvan Baker

Mr. Léger, I must stop you there. My apologies.

I will now move to Mr. Beaulieu for two minutes.

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

Thank you.

All the speakers said that the draft regulations were clearly unsatisfactory. Several even said that the work should start over. We spoke with officials at Treasury Board, and they said there should be a follow-up consultation.

Mr. Désilets, do you think this could lead to something concrete, a very satisfactory improvement of the draft regulations?

4:20 p.m.

Managing Director, Société Santé en français

Antoine Désilets

I cannot guarantee success on these issues, but if there are opportunities to improve things, we will certainly be at the table if we are invited and consulted. This is not the first round of consultations. We hope that, if further consultations are needed, we will be able to clarify our position. There’s no guarantee of success, but we’ll be there.

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

I think it’s essential for French-language media outside Quebec to speak out very forcefully if we want to see change. In fact, I feel that things have not necessarily been moving in the right direction over the past 55 years since the Official Languages Act was passed, as we have seen a decline in the use of French.

The updated act also addressed the need for redress, even to restore the demographic weight of francophones. There are high hopes that francophone immigration will achieve this, but do you think it will be enough? If we simply increase francophone immigration while assimilation continues at the same rapid pace, any improvement may prove to be very short-lived.

The Chair Liberal Yvan Baker

There is approximately 20 seconds remaining.

4:20 p.m.

Full Professor, As an Individual

Rémi Léger

I don't know if the draft regulations alone can reverse assimilation—that's an entirely different issue—but I repeat that the draft regulations must go much further than they currently do; otherwise, the objectives set out in part VII of the act will not be achieved.

The Chair Liberal Yvan Baker

Thank you, Mr. Beaulieu.

I will now pass the floor to Mr. Bélanger for four minutes.