44th Parl. 1st Sess.
May 10, 2023 02:00PM
Mr. Speaker, I am very pleased to rise today to speak to Bill C‑13 on the modernization of the Official Languages Act.
As members know, this is a historic moment. It has been a long time since we have reviewed this legislation, 35 years to be exact. As the member for Sackville—Preston—Chezzetcook, I want to tell my colleagues that I did all of my schooling in English because there was no French school. We did not have this essential protection at the time. My children, however, were able to do all of their schooling, from kindergarten to grade 12, in French. What a change. That was made possible because of the first Official Languages Act in 1969. Thanks to that, my grandchildren will also be able to complete all of their schooling in French.
I want to tell my colleagues that this was a very long process. First, there was the Official Languages Act in 1969. Section 23 was added to the Canadian Charter of Rights and Freedoms in 1982 and changes were made to the act in 1988. Then, as members know, Bill C‑32, which sought to strengthen the Official Languages Act, died on the Order Paper. Now, we are back with Bill C‑13, which underwent a number of essential changes in committee.
As I see it, the most important thing is that the act will have to be reviewed every 10 years. We will not have to wait 35 years. The procedure has already been established. The Minister of Canadian Heritage, in consultation with the President of the Treasury Board, will have to undertake a review, a comprehensive analysis of the enhancement of the vitality of the communities. They will examine whether we have achieved our objective of protecting and promoting the French language. They will also examine whether sectors that are essential to enhancing the vitality of Quebec's francophones and anglophones, including health, immigration, employment and French-language education from early childhood to the post-secondary level, have been respected. A report will have to be tabled in the House of Commons. In my opinion, this is a well-regimented procedure.
Let us start with the Treasury Board. It is the most important machine in Parliament. Bill C‑13 would make the optional powers, duties and responsibilities mandatory, which is essential. The Treasury Board will have some meaningful work to do.
Other improvements were made in committee. They are very important to mention. Every community across the country asked that there be a central agency, a minister responsible, and we can now check that off the list. What is more, the minister cannot withdraw from their responsibilities or delegate them. The Treasury Board and the minister will have to ensure compliance.
As far as justice is concerned, Bill C‑13 confirms that justices of the Supreme Court of Canada have to be bilingual. Still today, the Conservatives do not agree with that and do not want that to happen. I do not understand it. In committee, progress was also made on appointing justices to superior courts and appeal courts. It is extremely important. We have to take into account people's needs in terms of access to justice. The Canadian Bar Association and the Fédération des associations de juristes d'expression française de common law have been asking for that for years.
Let us talk about immigration. In my opinion, this is the perfect example. When we started working on Bill C‑32, having a policy was important. When we moved on to Bill C‑13, ensuring that the policy had some content, some details, was important. Finally, in committee, we determined that not only did we need details, but we also needed to ensure that the demographic weight was restored and increased. It is going to be a game of catch-up and we will have to increase our newcomer target to 8% or 9% and then go back to our target of 4.4% or better.
Let us move on to real estate. I am quite pleased because this was a problem for 20, 25, 30 years across Canada.
I can say that now, because of the amendments that were made, the government has to consider the needs of the school community, which was not the case before. It is great to have a charter of rights that recognizes the right to education in French, but if land cannot be purchased, how and where are we supposed to build schools? It is not possible. Now, this will be guaranteed. It will no longer be an option, but an obligation, for the government to do something that is essential. It must consult the school boards about their needs.
I can cite examples such as the Jericho lands and Heather Street lands in Vancouver, Royal Roads in Victoria, Lagimodière Boulevard in Winnipeg, or Oxford Street in Halifax.
With respect to the language clause or the positive measures, the Standing Committee on Official Languages has made a lot of progress. It is not perfect, but it made a lot of progress.
When agreements are being negotiated, those involved, such as school boards or the organizations concerned, must be consulted. It is important to ensure that there is accountability, and that when money is earmarked for a certain organization or a certain location, it ends up there. Major progress has been made in that regard.
The Commissioner of Official Languages has been given significantly increased powers. Bill C-13 of course gives him the power to impose penalties and to make orders. This does not mean that violators will have to pay billions of dollars in penalties, but the idea is that anyone who has to pay $10, $100, $1,000 or $10,000 will be called out. That is very important. We are also giving the commissioner other powers and additional tools to do his job, which is to protect and promote the French language, and that is extremely important.
Now, I must say, there are areas where we did not accomplish as much as we would have liked, and that hurts. On enumeration, we were not able to get it done the way we wanted. Nevertheless, we added that question to the short form census two years ago, which means that everyone had to answer it. We still have that data, which will be good for 10 years. I am confident that if the Liberals are still in power in 10 years, we will be able to achieve and cement this. This is extremely important.
As I mentioned, the language clauses and positive measures are not what I would have liked, but we did make some progress, and I would like to thank the opposition parties for helping us.
I also realize that English-speaking Quebeckers have some concerns that deserve mentioning. However, I can assure you that our government is going to defend linguistic duality and the rights of anglophone Quebeckers in Quebec.
We will continue to provide funding, protect language and culture, and ensure the court challenges program is kept in place and adequately funded.
I am extremely proud to commend the government and the opposition for doing a great job and for the work done and the progress made on bills C‑32 and C‑13 at the Standing Committee on Official Languages. It truly is a team effort. I am very proud of the House and, as always, ready to answer questions.
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Mr. Speaker, I am pleased to rise in the House to speak on a subject that is near and dear to my heart, namely, official languages, and the French language in particular.
First of all, I hope everyone can hear my Saguenay accent, because I am very proud of it. There are many types of linguistic variations: morphological, syntactic, diachronic. Speakers choose a certain word and not another, and the reason for their choice is mainly due to their age or geographic location. Therefore, I hope that everyone understands that, when I speak, my lexicon is tinged, shaped by my regional roots in Saguenay—Lac-Saint-Jean. I am proud to be someone from the Saguenay who says “là là” every once in a while.
No matter where we come from, language unites, brings us together and creates a feeling of community. Regardless of a person's accent, the expressions they use or the words they choose, French speakers are vectors of a true linguistic treasure. This language that we share and love so much is a legacy that has been bequeathed to us and of which we can be very proud.
As members can see, I care deeply about my language. I learned enough English to have a foundation, but there is nothing like proudly carrying the voice of my constituents in Ottawa in French. French has always been a big part of my identity.
I want to talk a little bit about linguistic identity, because that concept really resonates with me. I have never been embarrassed to identify myself as a francophone anywhere in the country or in the world. If someone were to ask me to describe myself in a few words, one of the adjectives I would use would obviously be “francophone”. Being francophone is part of my identity. It guides me and is part of who I am. Language allows us to express our thoughts and feelings, to communicate with those we love, to exchange opinions, to open up to the world. Language is one of the tools of our trade as politicians. We must use our language skills to debate, to denounce the things we disagree with and to support what we think is right.
Language is more than important; it is essential, hence the importance of promoting the richness of our two official languages across the country. That is why I am very pleased to rise in the House and begin the discussion on Bill C-13 to amend the Official Languages Act. Specifically, this conversation is relevant and necessary, because the Liberals have proposed a number of amendments. I was actually quite surprised when I saw the list of Liberal amendments, because I thought the Minister of Official Languages was insisting that the bill be passed as quickly as possible, because it was supposedly ready to be voted on.
I even remember that just a few months ago, the minister wanted to remove witnesses from the list of the Standing Committee on Official Languages when it was studying the bill. She did not think it was a good idea to hear from experts on such an important issue. We are talking about linguistics professors from several universities, stakeholders and people on the ground. She wanted to move a motion that was nothing more than a gag order.
As a result of the pressure applied by my colleague and friend, the member for Portneuf—Jacques-Cartier, whom I would like to thank once more, we fortunately obtained more time for witnesses at the Standing Committee on Official Languages to continue studying the bill. The minister took a strictly political approach and wanted to end debate. As usual, the Liberals make it a priority to advance their political agenda and, this time, it was at the expense of bilingualism and the protection of French in Canada. The minister mentioned several times that she wanted to speed up debate on Bill C‑13 and pass it as quickly as possible.
It seems to me that anyone who wants to pass a bill quickly does not move 10 motions. What is more, why move so many motions in amendment if the bill is considered ready to be passed?
The Minister of Official Languages is being very contradictory on this file, but contradiction is not exactly out of character for the Liberals. The good news is that the Conservatives are here to fix the Liberals' broken promises.
As far as Bill C‑13 is concerned, I hope that the minister does not really believe that her bill will slow the decline of French. They keep making things up as they go along. It makes us wonder if the minister truly understands the issue of Canada's official languages. If she went out there to talk to the communities involved, the people who are living in linguistic insecurity daily, she would see that she is wrong.
Linguistic insecurity can be described as feeling uneasy, uncomfortable, even anxious about using one's mother tongue in an environment where they are not the majority. Obviously, that concept has become a hot topic for official language minority communities and Bill C‑13 is not exactly going to make them feel less linguistic insecurity. The content of this bill is not a big step forward for francophones outside Quebec or those in Quebec either.
Most of the amendments proposed by stakeholders, including the Fédération des communautés francophones et acadienne du Canada and the Commissioner of Official Languages, were not even heard by the Liberals. Ignoring the observations made by the people on the ground who are directly affected by Bill C‑13 shows a complete lack of respect.
However, the Liberal-NDP coalition is not listening to Canadians. Once again, it only wants to advance its own political agenda. It wants to check Bill C‑13 off the list and move on to the next item.
Let me assure all the stakeholders we met with that the Conservative Party is here. We listened to them, and we have worked hard to incorporate their requests and their demands into this bill.
I would like to remind the House of a few Conservative amendments that were unfortunately rejected. First of all, we wanted to expand the powers of the Commissioner of Official Languages. It is vital to enhance the commissioner's ability to perform the duties of that position. Right now, the commissioner's powers are too narrow. In practical terms, the commissioner has the power to make orders concerning parts IV, V and VI of the Official Languages Act. The problem is that the very core of the act is in part VII. Part VII is the one that talks about the equality of status of French and English and mechanisms for achieving it.
The commissioner must have the power to make orders that will ensure that federal institutions follow through on implementing positive measures, and that these measures do not have a harmful impact on official language minority communities. Bill C‑13 contains nothing but commitments under part VII of the act, without any obligation to achieve results. A lack of results is a tendency we see fairly often among the Liberals. For that reason, we wanted a central agency and expanded powers for the commissioner, to ensure that there is a way to meet the equality of status objective, and because we can by no means rely on the Liberals.
Then, we wanted to add obligations for federal institutions to take the necessary measures to protect and promote both official languages. The Conservatives were asking for regular, proactive reviews of the act in order to ensure that any necessary adjustments are made in keeping with the linguistic situation at any given time.
In short, I am disappointed, not only as a Conservative MP, because my party's amendments were not incorporated into the bill, but also as a francophone. I feel that the government is abandoning Quebeckers, official language speakers in minority settings and the French language altogether.
A Conservative government will ensure that we put a stop to the decline of the French language and that it is promoted across Canada. Bring back common sense.
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Mr. Speaker, as a member of Parliament who represents a great many anglophones, a minority community with unique needs in the Quebec context, I have studied Bill C-13 with a critical eye.
First, I would like to say that my community is not impressed by the Quebec government's pre-emptive, and one could say almost perfunctory, use of the notwithstanding clause to escape judicial and political scrutiny of its recent language legislation, Bill 96, and its law on religious symbols, Bill 21.
Quebec anglophones have a unique political perspective because they are a minority within a minority. This makes the community particularly understanding of the importance of minority rights, including francophone minority rights. This perspective leads to an inherent sense of fairness and moderation among Quebec anglophones that makes the community wary of government overreach that can harm not just minority-language rights, but minority rights generally.
My colleague from Mount Royal has put it well. Section 1 of the Charter of Rights and Freedoms allows for an override of rights where reasonable in a democratic society. Recourse to the clause when section 1 is otherwise available but deemed insufficient by the legislator is by definition a tacit admission that rights are being unreasonably suppressed.
The timing of Bill C-13 unfortunately intersects with the Legault government's heavy-handed approach to a legitimate objective, which is the strengthening of the French language against unrelenting pressures in the proverbial sea of English, pressures heightened by the new Internet-based communications technologies, a challenge our government is addressing through Bill C-11 and Bill C-18.
I believe Bill C-13 and Bill 96 have been conflated and a narrative has taken root that obscures key facts about this legislation and minority-language guarantees in Canada. Anglophones in Quebec have legitimate grievances with aspects of Bill 96, but Bill C-13 is not Bill 96.
As former Supreme Court Justice Michel Bastarache said, the objective in Bill C-13 is to give special attention to the French-speaking minority outside Quebec and it is not inconsistent with the interests of the anglophone community in Quebec. Let me quote the former Supreme Court justice:
I don't really know what it is in the bill [Bill C-13] that worries them. I don't think that promoting French takes anything away from anglophones.... One can help a community in trouble [that is, francophones outside Quebec] without harming another.... I don't think the anglophone issue in Quebec has anything to do with the federal government, but rather the Quebec government.
That said, in my view, we could have done without the preamble in Bill C-13, with its reference to the Charter of the French Language, and the confusion and controversy this has sown. In fact, there was an attempt to remove the reference, but that attempt was blocked by the opposition parties in committee. One would not expect co-operation from the Conservatives or the Bloc, but the lack of support from the NDP was disappointing.
Bill C-13's preamble refers to the fact of the existence of the Charter of the French Language, just as it also makes reference to iron-clad constitutional guarantees for minority-language communities across Canada, including the anglophone community in Quebec.
For example, the preamble states:
the Government of Canada is committed to enhancing the vitality and supporting the development of English and French linguistic minority communities—taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society—as an integral part of the two official language communities of Canada, and to fostering full recognition and use of English and French in Canadian society;
Preambles, however, are not the substance of a law. They are not normative, nor determinative. In fact, they have not always been included in Canadian legislation. According to an article by Kent Roach in the McGill Law Journal, between 1985 and 1990, only nine statutes had long and substantive preambles. Since then, there has been an increasing trend to incorporate preambles into legislation. As Mr. Roach puts it, “Once departments and ministries saw their colleagues using preambles, this created a demand for more preambles.”
The same article outlined different types and uses of preambles. In some cases, preambles are meant as a recognition of “the complexity...of modern governance” and as “an appeal...to embrace tolerance and diversity as part of what it means to be Canadian.” Roach gives the example of the preamble of the Canadian Multiculturalism Act, which states that “the Government of Canada recognizes the diversity of Canadians as regards race, national or ethnic origin, colour and religion as a fundamental characteristic of Canadian society”.
He continues by saying, “The symbolic nature of preambles means that they are often concerned with the politics of recognition” and they “frequently recognize goals that are in some tension with each other.”
He then adds, “By definition, preambles will be better in securing expressive as opposed to instrumental purposes because they do not impose rights and duties.” Here is a final quote: “courts have frequently been reluctant to give great weight to preambles.”
This all sounds a lot like Bill C-13's preamble. I will quote from the preamble: “the Government of Canada recognizes the diversity of the provincial and territorial language regimes that contribute to the advancement of the equality of status and use of English and French in Canadian society”.
In response to those who argue that preambles are interpretive, I would say that this is typically the case only when the body of law in question is not clear, which is not the case with Bill C-13. I will quote British case law in Attorney-General v. Hanover: “It is only when it conveys a clear and definite meaning in comparison with relatively obscure or indefinite enacting words that the preamble may legitimately prevail.”
I will quote Ruth Sullivan, from her book The Construction of Statutes, in chapter 14 on page 445: “Preambles must be measured against other indicators of legislative purpose or meaning, which may point in the same or a different direction. If there is a contradiction between the preamble and a substantive provision, the latter normally prevails.”
Finally, I will quote former Supreme Court Justice La Forest: “it would seem odd if general words in a preamble were to be given more weight than the specific provisions that deal with the matter.”
Bill C-13, in its body, is specific in its language, including with respect to the need to protect the interests of Quebec's anglophone minority. This would avoid any confusion that would otherwise require the courts to rely on the bill's preamble for interpretation.
For example, Bill C-13 would add, in black and white, the following to section 3 of the Official Languages Act: “For the purposes of this Act...language rights are to be given a large, liberal and purposive interpretation”. The body of the text also reiterates phrasing from the preamble on the federal government's commitment to enhancing the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development.
This brings me to the fear that Bill C-13's preamble endorses the pre-emptive use of the Constitution's notwithstanding clause.
Some contend that the reference to the Charter of the French Language in the preamble of Bill C-13 endorses the Quebec government's pre-emptive use of the clause, but the federal government has been clear that it does not approve of the pre-emptive use of the clause, whether against organized labour in Ontario or in both Bill 96 and Bill 21. The Attorney General has said clearly that the federal government will argue the point in court, specifically when Bill 21 reaches the Supreme Court.
Parliament also made its view known when it recently voted against the Bloc motion seeking to affirm the legitimacy of the pre-emptive use of the clause. I note that the Conservatives voted with the Bloc to support the motion affirming pre-emptive use. However, both together failed to carry the day.
These official parliamentary and governmental expressions of opposition to the pre-emptive use of the notwithstanding clause matter. As the Supreme Court said in 2023 in the case of Murray-Hall v. Quebec, “To analyze the purpose of a law, courts rely [also] on...extrinsic evidence, such as parliamentary debates and minutes of parliamentary committees”. This would include, in my view, statements by the government and votes in Parliament.
As such, there should be no confusion in a future court's mind that the federal government has no intention of legitimizing Quebec's pre-emptive use of the clause by referencing the Charter of the French Language in Bill C-13.
Finally, something that has been lost in this debate is that the notwithstanding clause cannot override minority-language education rights, nor the right to speak English in Quebec in the courts or in the National Assembly.
Some suggest that Bill C-13 would allow the Quebec government to ignore obligations to the anglophone community under federally funded programs delivered through negotiated agreements with the province, but those agreements are governed by section 20 of the Charter of Rights and Freedoms, which refers to the right of the public to communicate with and receive services from federal institutions in English and French, and by part IV of the Official Languages Act, which is meant to implement section 20.
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Mr. Speaker, the member brought up hospitals. I can say that I fully supported the efforts of Gisèle Lalonde, who recently passed away. She was the leading figure in the fight to maintain all services at Montfort Hospital, and she was able to use the court challenges program to lead that fight.
I want francophones outside Quebec to have their institutions. It is thanks to the Canadian Charter of Rights and Freedoms that they can have their schools. It is thanks to my colleague, the member from Nova Scotia, that the census will now include a question on rights holders. Obviously, this includes francophone rights holders outside Quebec.
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My father is Métis. He was born in Joussard. He later joined the Canadian Armed Forces. Whenever my family visited these communities, everyone spoke French. What is the current situation?
French is still spoken, but the demographic weight of francophones is decreasing. Farms are much bigger because of technological advances, and families have far fewer children. Furthermore, many of these children move to Edmonton, Calgary or other cities when they grow up. The situation is similar in Saskatchewan, Manitoba, Ontario and other provinces.
Francophones are proud of their heritage, their culture, their language. We want it to be preserved, but not as an exhibit in a museum. The French language should be vibrant and alive. It is a major challenge. We are in a sea of anglophones. Almost all business transactions and communications are in English. It is the same situation all immigrants end up in when they want to retain their heritage, their culture and their language but still speak the language of the majority, either English or French in Quebec. The difference is that French and English are the official languages of our country.
It is part of our heritage, part of our history as a country. Speaking of our heritage, I am a little disappointed in the Liberal government. I do not think they show enough appreciation for our heritage. For instance, on the new passport that the Liberals are introducing, they have erased the image of the Vimy memorial, where thousands of Canadians were killed during the First World War. It was a foundational battle for Canada as a nation. The Liberals have also erased the image of Terry Fox, a Métis like me and a world-famous Canadian hero. In my view, in their pursuit of wokeness, they are rejecting Canada's traditions and history.
I am not entirely convinced that Liberals are committed to protecting and promoting the French language. I say this with respect, and I am certainly not accusing all Liberals. The Liberal government has been talking about modernizing the Official Languages Act to better promote bilingualism in Canada for eight years now. The Liberals promised this when they first came to power, and it was still part of their election platform in 2019 and again in 2021.
We were just about to begin the debate on Bill C-32 in 2021, but what happened? The Liberals decided to call an unnecessary election during the pandemic, and that killed the bill. We had to start over. What is happening now? The Liberal government just added a dozen amendments to its bill. Why did it not do this during the committee study? It will only slow down the process. That is also what the Liberals did in committee, with 50 amendments.
These motions at report stage are not substantive amendments and could easily have been moved in committee. However, the Liberals once again decided to waste time. I wonder if they really want to pass this bill. We have a minority government, and the Prime Minister could easily call an election, which would once again kill this bill. I hope we will quickly move to third reading.
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Mr. Speaker, I really want to thank my colleague from British Columbia for his intervention today, for his work at the Standing Committee on Official Languages, and for his French.
He talked about his northern Ontario heritage and how his ancestors had 18 children. We could be related. The Serré family had 16 children. On my grandmother's side, in the Éthier and Racine family, there were 15 children. There were some in Kapuskasing as well. We could look at our family trees and see if there are any common branches.
I would like to add a comment. I met with representatives of the Fédération des parents francophones de Colombie‑Britannique and, obviously, with people from the FCFA, who represent francophones from across the country. I would like my colleague to say a few words about the measures in Bill C‑13 that are going to help his community in British Columbia.
In looking at the action plan for official languages, in which we invested $4.1 billion, as well as Bill C‑13, does my colleague see anything specifically that will help his community in British Columbia?
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Mr. Speaker, I thank the member who has the same first name as me. He stole it, I think. I am not certain. It is spelled with a “c”, is it not?
In British Columbia, during the pandemic, the federal government was nowhere to be found. Francophone immigrants coming from all over had to turn to francophone and provincial organizations. The federal government was missing in action. Francophones were not happy about that.
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Mr. Speaker, I really enjoyed the speech by my colleague, who spoke about how the French language will never be extinguished and about our culture and our identity. I can really relate to what she said about francophones in northern Ontario in relation to identity.
My father was here in the House in 1969, and he voted for the original Official Languages Act. I have always said that I am an MP today because of the work my father did on official languages. My father was asked in 1970 and 1971 to visit Quebec CEGEPs because he spoke French very well. It was a very important experience for him.
We are talking about Bill C-13 and co-operating with the province of Quebec and the Bloc Québécois. There has been some progress. Things are not perfect, but we are getting there.
Can my colleague comment on why the leader of the Conservative Party has not come out in favour of the bill?
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Mr. Speaker, I have no idea what the Conservative leader thinks and I must admit that that is the least of my worries.
I would venture to say that the Bloc Québécois has always supported francophones outside Quebec. That is why we will support this bill. We are very reluctant to support it, but we are supporting it anyway, because we are very concerned about the fate of French outside Quebec and its chances of survival.
However, I remain extremely concerned that money in Quebec has been used to promote and support English when French is the language that is in danger, both in Quebec and throughout Canada, not English. That is a glaring issue in this bill. It is very worrisome for the future. However, at the same time, we see that people in Quebec are rising up. That is poetic justice.
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Mr. Speaker, I appreciate the speech by the member, who talked about the beauty of the language and the expressive way in which the language is used in the arts.
Does the hon. member have any suggestions on how solidarity between francophones across Canada and francophones in Quebec can be strengthened?
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Mr. Speaker, I think that Quebec has always been open and friendly. It has always made an effort to reach out. Furthermore, that is what the leader of the Bloc Québécois often does. He has met with a great many francophones outside Quebec. This is constantly on our minds. I have no concern about Quebec being in harmony with the rest of francophone Canada.
The issue is that we cannot just protect French outside Quebec. We also need to protect French in Quebec. That is what is missing from Bill C‑13, which is absolutely worrisome and disappointing.
We will see what Quebec does.
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