Hon. Jean-Guy Dagenais: Honourable senators, I rise today to speak to Bill S-220, a bill that seeks to make bilingualism in English and French, our country’s two official languages, a new requirement for being appointed to the position of Governor General of Canada.

I will begin by saying that this bill deserves to be supported by everyone who serves in this chamber, since they should, in my view, all care deeply about preserving and respecting the two official languages of our country’s founding peoples.

The recent appointment of the current Governor General of Canada presents us all with a particularly disappointing situation. We have a Prime Minister who is capable, on the one hand, of publicly expressing indignation about the absence of French speakers on the board of directors of Canadian National, and, on the other, of appointing a governor general who must give assent to the laws of this country, which are written in both languages, without being able to read and fully understand the documents she signs.

It is surprising and disappointing, to say the least, that this was done by a francophone Prime Minister who sometimes has the nerve to claim to be a champion of French in Canada. I would like to remind him that during all his years in office, former Prime Minister Stephen Harper, an anglophone, began all his speeches in French, no matter his audience. That example is certainly not being followed by his successor.

It was Prime Minister Harper who ensured that Bill C-419 was passed in 2013, requiring all of the following positions in Canada’s public service to be bilingual: the Auditor General of Canada, the Chief Electoral Officer, the Commissioner of Official Languages, the Privacy Commissioner, the Information Commissioner, the Senate Ethics Officer, the Public Sector Integrity Commissioner, the President of the Public Service Commission, the Commissioner of Lobbying, and the Conflict of Interest and Ethics Commissioner.

All candidates must know both official languages to be appointed to these positions. The last appointee who did not have this qualification was Auditor General Michael Ferguson, but he gave us quite a surprise when he started speaking French not long after he was appointed.

For those who were not here in 2013, I want to point out that the members of the House of Commons and all senators in this chamber unanimously, and I repeat unanimously, passed Bill C-419. Allow me to hope that this chamber will also unanimously pass Bill S-220.

It is a shame that current Prime Minister Justin Trudeau has shown such disregard for francophones in this country that it has become necessary to add this high office, the office of Governor General, to the list of offices requiring knowledge of both official languages. Whether the office of Governor General is legally considered to be part of what is referred to as the public service is largely immaterial to me. This bill is simply about ensuring that the office of Canada’s head of state respects the two founding peoples of Canada. I can’t recall a prime minister ever appointing a francophone to this office who was unable to function in both of our country’s official languages and unable to speak in English to Canada’s anglophones. The opposite has happened, however.

Although I am willing to acknowledge the efforts made by Governor General Mary Simon, last fall’s Throne Speech was the worst one ever given and heard, in terms of the French content. Frankly, someone should not be learning the skills for a job after they have already been hired. You wouldn’t bestow a degree in surgery on someone who promises to study medicine.

The last thing I want to do is denigrate the skills and qualifications of Governor General Simon. She is not the problem. The problem is with the person who chose her. Only Prime Minister Trudeau can be held responsible for this decision, which was an insult to francophones. It’s time to fix this situation with some clear legislation like Bill S-220.

It is unfortunate to watch French lose so much ground in Canada. It is certainly not the fine words and public commitments uttered by Prime Minister Justin Trudeau and echoed by his ministers, Mélanie Joly and Ginette Petitpas Taylor, that are going to ensure that French is respected in Canada.

It is typical: We are far from seeing clear results, despite a host of serious recommendations that could have a real impact if the political will were truly there, which it is not.

If the case of the Governor General were an isolated incident, I might not be standing here arguing and defending Bill S-220 as I am. Just a few weeks ago, however, a ruling by the Court of Queen’s Bench of New Brunswick confirmed the need to block the current Prime Minister’s decisions, because they are unconstitutional and disrespectful to Canada’s francophones. I am talking about Prime Minister Trudeau’s decision to appoint a unilingual anglophone in 2019 to fill the role of Lieutenant-Governor of New Brunswick, Canada’s only officially bilingual province.

In a decision that I feel is very important, Chief Justice Tracey K. DeWare found that the Lieutenant-Governor of New Brunswick must be able to carry out their duties in both official languages and that Prime Minister Trudeau’s appointment violates several provisions of the Canadian Charter of Rights and Freedoms.

The Chief Justice of the Court of Queen’s Bench is of the opinion that the Constitution acknowledges the right of both linguistic communities in New Brunswick to be able to interact directly, in their language, with the head of state.

I repeat, they must be able to interact directly, in their language, with the head of state. Would that be possible with the current Governor General of Canada? I think you know the answer.

Does this ruling, from a New Brunswick court, not provide the key requirement that should guide the appointment of the person chosen as Governor General of our country, who becomes Canada’s head of state according to the Constitution?

All of this is clear to me, but perhaps it is less clear to a Prime Minister who is dead set against recognizing the rights of the founding peoples, which are nevertheless clearly set out in the Constitution.

The same insult to francophones has been repeated twice since 2019, and I see no indication that this will be corrected politically any time soon. You will understand, then, why I am forced to conclude that francophones are up against some disgraceful stubbornness, and that only a bill like Bill S-220 could possibly protect them in the future.

Let’s go back to the New Brunswick court’s ruling for a moment. The decision from the Chief Justice of the Court of Queen’s Bench of New Brunswick is quite lengthy. My takeaway from the 51-page judgment is this. Chief Justice DeWare wrote that the only reason she did not declare the order-in-council appointing a unilingual lieutenant-governor of no force and effect was that it would have created a legal vacuum that would nullify every law executed by the Lieutenant-Governor since being appointed. The justice added, however, that she wanted the federal government to take prompt action to rectify the situation.

History and case law show that governments traditionally respect court rulings on constitutional matters, but not always. Instead of following tradition, Prime Minister Trudeau sidestepped the issue by throwing the ball back into the court of the Minister of Justice, Mr. Lametti. What has happened since then? New Brunswick’s francophones are waiting for respect they deserve. They are waiting, just like Indigenous people on certain reserves are waiting for clean drinking water, and just like we have been waiting almost a year for a Canadian ambassador to be appointed to Paris, the capital of the most important francophone country, with which we must maintain strong ties at all times.

As I have often said, the Prime Minister has clearly established his trademark, which is to procrastinate when he should be making important decisions. Canada’s francophones are asking for nothing less than respect. I do not, and we do not, need simplistic interpretations, as Chief Justice DeWare rightly stated, that the language provisions of the Charter do not apply to these positions. As the Court of Queen’s Bench justice aptly noted in her ruling, the role of the head of state is not limited to delivering a Speech from the Throne and signing laws. They are also required to undertake important social and community functions that involve interacting with citizens.

This provincial decision should encourage us to quickly adopt Bill S-220 to enshrine the requirement that any future prime ministerial appointments to offices like that of the Governor General must be able to speak, read and understand both official languages. This is not shameful, it is respectful. It is constitutional.

All of the different groups that the senators in this place belong to are rightly calling for their values and identities to be respected. That is entirely appropriate. It’s unfortunate that our Prime Minister has to be called to order by the courts because he is incapable of respecting a right enshrined in the Canadian Constitution.

I will support Bill S-220, which is before us today. I can’t imagine any of you not wanting the office of Governor General to be respectful of Canada’s two founding peoples.

In closing, you might have noticed that I used the words “respect” and “respectful” a lot in my speech. Every day, I endeavour to show respect for each person I interact with. Surely it is not too much to ask that my first language be respected. Thank you.

(On motion of Senator Duncan, debate adjourned.)

[English]

On the Order:

Resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Dasko:

That the Senate call upon the Government of Canada to implement the eighth recommendation of the first report of the Special Senate Committee on the Charitable Sector, entitled Catalyst for Change: A Roadmap to a Stronger Charitable Sector, adopted by the Senate on November 3, 2020, during the Second Session of the Forty-third Parliament, which proposed that the Canada Revenue Agency include questions on both the T3010 (for registered charities) and the T1044 (for federally incorporated not-for-profit corporations) on diversity representation on boards of directors based on existing employment equity guidelines.