44th Parl. 1st Sess.
April 6, 2022 02:00PM
- Apr/6/22 2:08:37 p.m.
- Watch
Mr. Speaker, last week, Pope Francis met an indigenous delegation and offered a clear, public apology for the role played by certain Catholic entities in the implementation of the federal government's residential school policy. The Pope also expressed his desire to come to Canada soon.
This critical step happened because of sincere engagement between indigenous peoples and the church. Many indigenous peoples are active members of the Catholic church. Indigenous Catholics, such as Saint Kateri, lived out church teachings on love, forgiveness, universal human dignity and subsidiarity. These ideas provide the clear basis for rejecting any project of cultural assimilation or state domination of the family.
Christianity is about following the teachings of Jesus regardless of the spirit of the age or the consequences. History is full of examples of Christians who failed to fully live out these teachings, and I am one of them.
The call of Jesus to sacrificial love and to the affirmation of human dignity is always radical, and in an age when colonialism was widely accepted, many church organizations were simply not radical enough. Some here wish to use these failures to attack the church and further subvert it to state power, but that is the wrong direction and would enable other abuses. The failures of the residential school era should point to the need for the church to be an authentic moral witness for Christian teachings on truth and justice, regardless of government policy or the spirit of the age.
247 words
- Hear!
- Rabble!
- add
- star_border
- share
- Apr/6/22 3:14:49 p.m.
- Watch
Mr. Speaker, it has been almost three years since the final report on missing and murdered indigenous women and girls was released. The families that have lost loved ones are still waiting for all the calls to justice to be implemented. Indigenous women, girls and two-spirit people are invaluable parts of their communities, but they continue to face higher rates of violence. They deserve so much better. There is no time to lose to immediately implement all the calls to justice, to help stop the violence and to save lives.
What is the minister waiting for?
97 words
- Hear!
- Rabble!
- add
- star_border
- share
- Apr/6/22 3:15:30 p.m.
- Watch
Mr. Speaker, this government has been committed to reconciliation with indigenous peoples, to healing for the families and to justice for the victims of the missing and murdered indigenous women and girls' assassinations. These are things we will continue to work on together. In tomorrow's budget, I can assure the member opposite that our investments continue to be there for indigenous communities to move forward on the path to reconciliation, to promote healing and justice, and to ensure that Canada continues to share in the right path of reconciliation.
90 words
- Hear!
- Rabble!
- add
- star_border
- share
Mr. Speaker, I am pleased to rise in the House today to debate this bill, which is very important for our country and for official language communities across Canada.
Canada's Constitution was tailor-made for a modern federation like ours with a non-homogenous population. Some might even call our federation postmodern. Ours is a federation that brings together different cultural groups, peoples and nations who all live together in mutual respect, who adapt and who work together to build a society founded on the principles that we all adhere to.
I am, of course, talking about the indigenous peoples, the French from New France and the British settlers, who, over the years, were joined by people from other cultures who all worked together to build the new Canadian reality. Our Constitution was designed for the modern world, for a world that is becoming increasingly complex, in which the historic boundaries of cultural groups have become more flexible, and different groups share the same country.
One of the pillars of our constitutional democracy is the Charter of Rights and Freedoms, one of the world's wisest and most progressive bills of rights. Our diverse country calls for moderation and a sense of compromise. The charter contains the distinctive section 1, whereby rights are not considered absolute but rather are tempered where it is reasonable to do so.
Another defining pillar of our democracy, in addition to the constitutional recognition of indigenous rights, is the entrenchment in the Charter of Rights of official language minority rights. It is very important to be clear that, and this is a message that I want to get across to the many who might be watching today who are from minority language communities, language rights in our Constitution are beyond the reach of the notwithstanding clause, a clause that has attracted a great deal of attention and, I would say, begun to be used in a perfunctory manner by different governments.
I am speaking of minority language education rights under section 23 of the charter, as well as the right by virtue of section 133 of the British North America Act to use English or French in the federal courts and in Quebec courts, a right that also extends to Manitoba courts by virtue of section 23 of the Manitoba Act of 1870, and to New Brunswick courts owing to the province's 1993 amendment to the charter. These rights are beyond the reach of the notwithstanding clause. This is important for minority language communities.
The Official Languages Act adds a layer of protection and promotion to these constitutional language guarantees by protecting and promoting the use of official languages in the federal context, namely, in the federal public service and in Crown corporations, such as Canada Post, Air Canada, Via Rail, CN and Nav Canada.
In our constitutional democracy, independent courts adjudicate constitutional rights through the prism of our most fundamental values, and perhaps no program has been more valuable in protecting official language minorities in this country than the federal court challenges program. The program offers funding to those launching legal challenges to protect their rights, including linguistic rights, from laws and policies that threaten those rights.
The court challenges program was recently used by Quebec's English language school boards to protect them from the Legault government's Bill 40. the bill aims to eliminate school boards, which are central community institutions for Quebec's English-speaking minority.
As we know, there was a court decision that said the Quebec government could eliminate school boards, but not English-speaking school boards, because the community has protection under the Constitution regarding minority language rights, and this case continues through the courts. Earlier, the program was vital to protecting Ottawa's Montfort hospital against callous attempts by the Harris government to close this institution, which is so vital to eastern Ontario's francophone population.
As promised, Bill C-13 would strengthen the court challenges program by de facto referencing it in the legislation, namely section 43(1)(c) of the act. I admit the reference could be more explicit and more definitive, and we will see what happens in committee. We will see if someone proposes an amendment to make that clause a little more affirmative. However, like any government program, whether it is in law or not, its effectiveness is ultimately directly related to its budget.
Challenging a bill like Bill 40 through the long process of court appeals can be costly. I have heard it could cost up to $1 million for the English-speaking school boards in Quebec to fight Bill 40 all the way to the Supreme Court. I think this is beyond the capacity of the court challenges program, so I call on the government to increase the program's budget. It would be money well spent in support of the fundamental principles to which we, as Canadians, adhere. Not to mention that the 2021 Liberal election platform includes such a commitment.
I represent a riding in Quebec with a large anglophone population. It is, however, very much a bilingual riding with an English-speaking school board that offers bilingual and French immersion primary and secondary education. The community is rightfully attached to its schools and to the education rights of their children.
The new section 41(4) of the modernized Official Languages Act would help maintain those rights by requiring the government to proactively, through the census, help estimate:
...the number of children whose parents have, under section 23 of the Canadian Charter of Rights and Freedoms, the right to have their children receive their instruction in the language of the English or French linguistic minority population of a province or territory, including the right to have them receive that instruction in minority language educational facilities.
I would like to pay homage to my colleague from Sackville—Preston—Chezzetcook, who worked very hard on having the census be used to estimate the number of people in minority language communities across this country who have rights under the Constitution.
Whether their roots stretch back generations, or they have more recently arrived, Quebec's anglophones are deeply rooted and embedded, by choice, in Quebec society. They are profoundly attached to living in the only place in North America where French is broadly spoken every day, and they wish to remain in Quebec and contribute to its development, but they require employment opportunities to be able to do so.
The representation of anglophones in the federal public service in Quebec is, as I understand it, below the community's share of the population. Bill C-13 will hopefully help eliminate this gap in two ways. Section 41(5) of a modernized Official Languages Act would place a duty on the federal government to take concrete positive measures to enhance the vitality of English-speaking and French-speaking linguistic minority communities in Canada and assisting their development, including, presumably, by ensuring anglophones have their rightful place in the federal administration in Quebec.
Moreover, the role of the Treasury Board would be expanded as a result of Bill C-13. The Treasury Board would have a duty to establish directives and policies to give effect to the requirement to institute positive measures, as well as responsibility for “general direction and coordination” of these positive measures across departments. This is a very important addition to the Official Languages Act.
It is worth noting that in Bill C-32, Bill C-13's predecessor, this obligation was discretionary. In Bill C-13, it is mandatory. Also, Bill C-13 will require the Treasury Board to “monitor and audit federal institutions in respect of which it has responsibility for their compliance” with the aforementioned directives and policies.
As in Bill C-32, the Commissioner of Official Languages' role and enforcement powers have been enhanced, including the power to make compliance agreements. Namely, section 64.1(1) of the new modernized Official Languages Act will, after Bill C-13 is passed, state the following:
If, at any time during the course of or after carrying out an investigation, the Commissioner has reasonable grounds to believe that a federal institution has contravened this Act, the Commissioner may enter into a compliance agreement with that federal institution aimed at ensuring compliance with this Act.
As has been mentioned, the government, in parallel to introducing amendments to the Official Languages Act, has also introduced a new act, the use of French in federally regulated private businesses act. This second act reasserts Ottawa's role in regulating businesses operating in federal jurisdictions in Quebec. I know this is something not all parties in this House agree with. If I recall, all opposition parties would relinquish that jurisdiction to the province.
As I see it, this second act will reinforce bilingualism in federally regulated businesses. It will give consumers in Quebec:
...the right to communicate in French with and obtain available services in French from federally regulated private businesses that carry on business in Quebec...
This is already the case, practically speaking.
In any event, Quebec anglophones would not object to this principle. The Quebec anglophone community displays a very high degree of bilingualism. I cannot recall ever seeing a francophone consumer in Quebec being unable to obtain service in their language from an anglophone. As a matter of fact, sometimes what happens is a rather curious kind of dance where an anglophone goes into a store. The person behind the counter asks them in French if they can serve them and the anglophone asking for service is not really sure if the server is an anglophone or a francophone, ending up with two anglophones speaking to each other in French. This happens quite a lot and it is a moment of levity for all concerned.
Moreover, Bill C-13 does not prevent consumers from transacting in English. Section 7(3) states:
For greater certainty, the rights set out in subsection (1) do not preclude consumers from communicating with or obtaining services from the federally regulated private business in English or a language other than French if they wish to do so and the federally regulated private business is able to communicate or provide services in that language.
As regards language of work, section 9(1) states that employees of a federally regulated private business have a right to carry out work and be supervised in French. Again, I do not believe that anglophones in Quebec, at least not in my community, have a problem with this statement in principle. Of course, there will be regulations to determine how this right will be applied, and we will see what the regulations say.
Employees will have a right to use work instruments and computer systems in French. Again, this does not take anything away from those who speak English. Computer software interfaces provide for this flexibility. I trust the regulations will recognize this software flexibility.
This right to workplace bilingualism is reinforced in section 9(3), which reads:
The right set out in paragraph (1)(b) does not preclude communications and documents from being in both official languages...
Therefore, we see that this bill is reinforcing the core values that underlie the Official Languages Act, which of course is bilingualism.
Further, proposed subsection 10(2) states, “In developing the measures referred to in subsection (1)”, that is, measures to foster the use of French in workplaces, “the federally regulated private business must consider the needs of employees who are close to retirement, have many years of service or have conditions that could impede the learning of French.”
I believe this clause may require amendment. It seems to refer to medical conditions that could impede learning French, but there are many reasons why some individuals remain unilingual that have nothing to do with a medical condition. I think that needs to be taken into account.
Further, proposed subsection 11(2) states that a federally regulated private business “must not treat adversely an employee who occupies or is assigned to a position on or before the day on which this subsection comes into force for the sole reason that the employee does not have a sufficient knowledge of French.”
The vast majority of anglophones in Quebec are bilingual and growing more so every day. They should not be negatively impacted by this particular clause. The regulations will be key to ensuring an appropriate flexibility that protects everyone.
Many if not most federally regulated businesses deal with entities outside the province. One thinks of logistics and freight-forwarding companies, of which many are located in my community. This further reinforces the practical value of bilingualism in the federally regulated private sector, which brings me to section 11(3), which states:
Requiring an employee to have a knowledge of a language other than French does not constitute adverse treatment for the purposes of subsection (1) if the federally regulated private business is able to demonstrate that a knowledge of that language is objectively required by reason of the nature of the work to be performed
Federally regulated businesses tend to deal internationally, so there is a role for bilingual individuals in these businesses.
All that said, I feel strongly that no one, anglophone or francophone, should be prevented from working in a federally regulated business because they do not have knowledge of the other language, just as they would not be prevented from working in the federal public service because they only have knowledge of one of the official languages unless the position requires a level of bilingualism. I hope the regulations will respect this fundamental principle of the Official Languages Act.
I would like to see the regulations that will follow under Bill C-13 guarantee in some way this right to work. Perhaps this could be done through amendments to the bill. On a practical level, given today's acute labour shortage, it would be in the best interests of employers and the provincial economy to ensure that the law does not hamstring federally regulated businesses and their ability to recruit and hire qualified personnel.
2364 words
All Topics
- Hear!
- Rabble!
- add
- star_border
- share
- menumenu
- notificationsnotifications
- home
- mailmail
- searchsearch
