Mr. Speaker, Bill C-482 aims to force the federal government to comply with Bill 101 within Quebec. I refer to the Quebec nation recognized in this very place in November 2006. It was recognized as well on a number of occasions in the National Assembly of Quebec. We are a nation and want to be treated as one.
Bill C-482 aims to amend the Official Languages Act, the Canada Labour Code and the Canada Business Corporations Act.
In the light of my remarks, when the House of Commons recognized the Quebec nation in November 2006, the Bloc Québécois contended vigorously that recognition meant consequences and that symbolic recognition alone would not suffice. Months ago, now, the Conservatives and the Prime Minister congratulated themselves on recognizing the obvious, namely that we existed. It is now time for Conservatives and other Canadian parties to act. We are giving them the opportunity.
The first specific step required is recognition in fact that Quebeckers comprise a francophone nation in North America. If the Canadian parties mean this recognition, they will have to understand that the Quebec nation and the French language go hand in hand. Recognition of one is recognition of the other, hence Bill C-482.
The Quebec nation has established an instrument to ensure that French is the common public language, the Charter of the French Language, or, Bill 101, if you will. What people often forget is that Bill 101 does not exist as far as Ottawa is concerned, and so sectors under federal jurisdiction are exempt from its application, and that means in Quebec as well.
Banks, for example, telecommunications companies, interprovincial transport companies, ports and airports can avoid compliance with Bill 101. The Bloc Québécois therefore introduced amendments to the Canada Labour Code so that these operations may be subject to the charter with respect to language of work.
The Official Languages Act contradicts Bill 101 by promoting English and French in Quebec as well. We are not a bilingual nation. Quebec is a francophone nation. We thus introduced the amendments to this legislation so the federal government would recognize that French is the official language of Quebec and would commit to recognizing the Charter of the French Language and respecting its application throughout Quebec.
Contrary to what the Conservatives have been saying, the Bloc Québécois obviously is not asking the federal government to intervene in linguistic matters in Quebec. All that we ask is that the federal government respect the Charter of the French Language.
To ensure the full application of Bill 101, it would be necessary to amend the Constitution, which seems to be impossible in Canada. The Bloc Québécois’ willingness to amend federal legislation, which can easily be done with a little political good will, shows the reasonable nature of our objectives.
There are some precedents. The federal government has exclusive jurisdiction over its employees. The Government Employees Compensation Act provides that the legislation of the province where the employee is usually employed will be the applicable law for compensation of a work-related injury. As a result, by virtue of the federal act, it is the Quebec legislation respecting industrial accidents and occupational diseases that applies to workers in Quebec.
The Canada Labour Code also provides for the federal government to take account of provincial laws in establishing the minimum wage. If it is possible to adapt federal laws in terms of compensation and the minimum wage, how can anyone justify refusing to adapt federal laws concerning language, which is a more fundamental matter for the Quebec nation?
The amendments introduced here by the Bloc Québécois would have the effect of requiring the federal government to undertake not to obstruct the objectives of the Charter of the French Language. It is important to remember that recognition of the Charter of the French Language in no way diminishes the rights and privileges of Quebec's anglophone minority as provided by the Canadian Charter of Rights and Freedoms. These amendments simply limit the power of the federal government to intervene in Quebec's language policy.
Specific reference to a provincial act in the text of a federal act is possible. We are talking about a statutory reference. That means that the government recognizes the provisions made by another Canadian legislative assembly. There is another instrument that could be used to amend an act. It is called incorporation by reference; that is another tool that can be used.
Federal undertakings or enterprises under federal jurisdiction are specifically not affected by the Charter of the French Language in relation to language of work. Some companies choose to comply with the charter, but that is done on a voluntary basis. Accordingly, our amendment specifies, “Any federal work, undertaking or business carrying on activities in Quebec is subject to the requirements of the Charter of the French Language.” That provision responds to the demand made in the Larose report of 2001, which stated, and I quote:
The francization of the workplace in Quebec also concerns the workplace of the federal government and workplaces under federal jurisdiction. That is why the Government of Canada should take the necessary measures to ensure that these workplaces respect language legislation when they are in Quebec.
This amendment would eliminate the legal void that enables federal companies to flout the Charter of the French Language when it comes to the language of work. It is important, though, to note that many federal companies decide on their own to abide by the francization programs of the Office québécois de la langue française.
Nevertheless, some federal companies fail to comply with Bill 101 and do so with impunity. Since 2000, some 147 files have been closed at the Office québécois de la langue française because it could not do anything in view of the fact that the companies were under federal jurisdiction. These figures refer only to files that were opened in response to complaints. If no one complains, no file is opened. We can conclude, therefore, that the number of delinquent firms was probably higher.
The Bloc Québécois bill will also amend the Canada Business Corporations Act so as to ensure that corporate names comply with the Charter of the French Language. Corporate names have been the subject of 1,434 complaints since 2000.
This amendment will ensure that Quebec businesses that decide to register in Ottawa rather than Quebec are subject to the Charter of the French Language.
I would remind the House that the Canadian Charter of Rights and Freedoms, which Pierre Elliott Trudeau imposed on Quebec in 1982, aimed above all to counter Bill 101. As Mr. Trudeau's former advisor André Burelle wrote: “Make no mistake; the purpose of Mr. Trudeau's charter was to neutralize Bill 101. In the charter, language rights are elevated to the rank of fundamental rights of individuals that are safeguarded from the notwithstanding clause, while other human rights, even the most basic ones, are subject to the notwithstanding clause.”
It is very important to say that today, with Bill C-482, we are reaching out to the federal government, hoping it will recognize that in Quebec, these institutions must abide by the Charter of the French Language above any other official language legislation. The Quebec nation exists. It is a francophone nation in the Americas. That is what we are and what we want to remain.