Let's keep in mind that the Official Languages Act, following the amendments that were announced to the preamble and section 2, in particular, recognizes that French is in a minority situation in every Canadian province including Quebec.
The French language is dominant at the local level, which is entirely consistent with the principles established in the Ballantyne decision by the Human Rights Committee of the United Nations. However, at the federation level, Canada as a whole is the unit of measurement, and Quebec is indeed a minority on that scale.
In a way, the amendments to the Official Languages Act are, at least in theory, a consistent application of this finding. It's clear that Quebec, the French language and francophones in Quebec are indeed a linguistic minority in a Canada-wide context and must be treated as such. At the very least, that's the theory underpinning the act, and that's what is unfortunately lacking in the draft regulations. The act and the attendant draft regulations refer to the federal government's obligation to adopt positive measures to protect and promote French in all provinces, including Quebec.
Let me give you my legal opinion. In accordance with the statutory obligations and commitments set out in the Official Languages Act after section 41 was amended, the federal government is obligated to adopt measures that will have a concrete impact and to help increase the demographic weight of French in Quebec. It must also provide funding for culture, health, justice and education. Unfortunately, funding is still sorely lacking, and it is conspicuously absent from the proposed regulations.
If we're talking about asymmetrical federalism, that's one way of looking at it. We could also talk about the federal government's attempt at internal consistency in recognizing that French is in jeopardy across Canada, including in Quebec. It would be logical and legitimate to expect the government to act in a manner consistent with what it says.