Mr. Speaker, I am pleased to have an opportunity to speak to Bill S-3. I want to recall right off one of the founding principles of the Conservative Party of Canada, which is the “belief that English and French have equality of status, and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada”.
Furthermore, article 91 of our statement of policy provides that
the Conservative Party believes that Canada's official languages constitute a unique and significant social and economic advantage that benefit all Canadians.
It also provides that:
(i) A Conservative government will support the Official Languages Act ensuring that English and French have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and Government of Canada.
It provides as well, that:
(ii) the Conservative Party will work with the provinces and territories to enhance opportunities for Canadians to learn both official languages.
Bill S-3 amends the Official Languages Act to make it easier to enforce the government's obligations under part 7 of the act. In other words, the bill forces the government to honour commitments set out in part VII of the Official Languages Act.
Part VII provides as follows:
The Government of Canada is committed to enhancing the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development; and fostering the full recognition and use of both English and French in Canadian society
Bill S-3 adds a provision whereby, within the scope of their functions, duties and powers, federal institutions shall ensure that positive measures are taken for the ongoing and effective advancement and implementation of the Government of Canada's commitments and that cabinet “may make regulations...prescribing the manner in which any duties of those institutions under this Part are to be carried out”.
In 2004, the Federal Court of Appeal decided that:
--Section 41 is declaratory of a commitment and does not create any right or duty that could at this point be enforced by the courts, by any procedure whatsoever.
The court concluded, “The debate over section 41 must be conducted in Parliament, not in the courts”.
The bill follows up on that decision by making Part VII of the Official Languages Act justiciable.
Initially, there were concerns about the bill infringing on provincial jurisdictions. I am pleased, however, to say that the Conservative Party fought to have the addition to clause 41 of the phrase “within the scope of their functions, duties and powers”.
This amendment clarifies the fact that Bill S-3 will not encroach upon provincial jurisdictions and also demonstrates the deep desire of the Conservative Party of Canada to comply with the Constitution as well as our respect of provincial jurisdictions. That amendment was adopted during the clause-by-clause study in the Standing Committee on Official Languages. I would like to point out the excellent work done by my colleague, the hon. member for Stormont—Dundas—South Glengarry and commend all the Conservative members on the committee for their efforts in getting that amendment passed.
There is a growing feeling that the Liberal official languages action plan has not had much effect. In fact, when the progress report was tabled in the House of Commons on October 27, 2005, we learned that over 75% of respondents felt that it had had no significant effect. Interestingly, in her annual report, Commissioner of Official Languages Dyane Adam indicated that, two and one-half years after the plan was tabled, only 20% of the $720 million had been paid out to minority language communities, despite the crying need.
The Conservative party believes that the failure of the action plan demonstrates the need for Bill S-3, which will oblige the government to meet its obligations as far as official languages are concerned.
In conclusion, our party is proud of having brought in the amendments protecting provincial and territorial areas of jurisdiction. The Conservative Party also believes this bill will help clarify the federal government's responsibilities as far as Canada's linguistic minority communities are concerned.