Senator Carignan: If the court case is over, can you tell us whether the government actually collected the $4,000 from those families? If it’s not over, can you tell us whether the government is still trying to get the families to pay the $4,000 in court fees, and why it is doing that?

Hon. Claude Carignan moved second reading of Bill S-220, An Act to amend the Languages Skills Act (Governor General).

He said: Honourable senators, I rise today to talk about Bill S-220, An Act to amend the Languages Skills Act (Governor General), whose sole purpose is to add the office of Governor General to the list of offices subject to the Language Skills Act. This bill would add the office of Governor General of Canada to the list of the 10 officers of Parliament who must be bilingual at the time of their appointment.

These officers of Parliament occupy very high-level positions. They are at the top of our administrative institutions. They are appointed by the House of Commons, or by the House and the Senate, as the case may be. They include the Auditor General of Canada, the Chief Electoral Officer, the Privacy Commissioner, the Commissioner of Official Languages, the Information Commissioner, the Senate Ethics Officer, the Conflict of Interest and Ethics Commissioner, the Commissioner of Lobbying, the Parliamentary Budget Officer, the President of the Public Service Commission and the Public Sector Integrity Commissioner.

[English]

On July 6, 2021, the Prime Minister of Canada announced the appointment of Mary Simon to the position of Governor General of Canada. The new Governor General speaks English and Inuktitut but does not speak French, one of Canada’s two official languages. Following this appointment, the Commissioner of Official Languages received over 1,300 complaints on the inability of the Governor General to communicate in French.

[Translation]

The Official Languages Act requires federal institutions to take concrete and intentional positive measures to ensure English and French bilingualism in Canada. In addition, the Prime Minister, who is not a federal institution subject to the act, has the prerogative of appointing the Governor General and is not bound by the recommendations made by the Privy Council Office, unless that power is enshrined in a law, such as the Language Skills Act or the Official Languages Act.

Like the many Canadians who complained to the Commissioner of Official Languages, I was exceedingly surprised and disappointed to learn that a person who can’t speak both official languages was being appointed to the position of Governor General of Canada.

The new Governor General’s linguistic shortcomings do not diminish the prestige of her other professional skills or her remarkable career.

I absolutely agree that Mary Simon is a very fine person, and I am not calling that into question with this legislation.

However, honourable senators, for someone in the position of Governor General, a lack of proficiency in one of the two official languages is a serious problem. We’re not talking about a trivial or secondary position. We are talking about the head of state who represents our country and serves as commander-in-chief of our military. The Governor General performs these duties not only in Canada but also abroad. In this capacity, the Governor General performs several functions.

The Governor General’s official website sets out her responsibilities as follows.

[English]

The Governor General exercises the powers and responsibilities of the head of state, Her Majesty The Queen. As such, the Governor General is non-partisan and apolitical. As the Queen’s representative in Canada, the Governor General has a number of responsibilities, one of the most important being to ensure that Canada always has in place a Prime Minister and a government that have the confidence of the Parliament. The Governor General’s other constitutional duties include swearing into office the Prime Minister, cabinet ministers and the Chief Justice of Canada.

[Translation]

She also summons, prorogues and dissolves Parliament, delivers the Speech from the Throne and gives Royal Assent to acts of Parliament.

[English]

Her responsibilities also include appointing members of the Privy Council, lieutenant-governors and certain judges on the advice of the Prime Minister and signing into effect official documents such as orders-in-council.

[Translation]

You will agree, colleagues, that these are responsibilities of the highest order. In fact, the Governor General is at the top of our constitutional hierarchy.

As part of her duties, the current Governor General recently participated in the following events. On December 2, she presented letters of credence to diplomats. On November 23, as we all witnessed, she delivered the Speech from the Throne and also held a meeting with the President of the Republic of Kosovo. On November 18, she participated in the unveiling of a commemorative stamp. On November 11, she participated in the National Remembrance Day Ceremony. On November 8, she honoured members of the Canadian Armed Forces. On November 6, she attended the 2021 Sobey Art Award ceremony. On November 1, she invested 97 members of the Canadian Armed Forces into the Order of Military Merit. On October 8, she visited the Ottawa Mission.

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As part of her duties, the Governor General is routinely called on to interact with Canadians who speak both of Canada’s official languages. Furthermore, as we have seen, she also represents Canada abroad.

The Governor General’s official website also states the following:

The governor general also plays an important role in international relations by travelling abroad on State and official visits. During State visits, the governor general is often accompanied by a delegation of prominent Canadians representing various areas of expertise. The goal in conducting international visits is to promote Canada, deepen people-to-people ties and strengthen Canada’s relationships with international partners.

What message does a unilingual anglophone Governor General send to other countries? The answer is obvious: Canada is a unilingual anglophone country.

Yet the richness of our country stems from the vitality of its two official languages, French and English, the languages of its founding peoples. We also have the benefit of cultural and linguistic diversity, which includes Indigenous languages and makes Canada unique in the world. Nevertheless, when a country’s head of state speaks only one of the country’s official languages, it creates a sort of anachronism or incongruity.

I will quote another passage from the official website:

As Commander-in-Chief of Canada, the governor general plays a major role in recognizing the importance of Canada’s military at home and abroad. The commander-in-chief offers support and encouragement to members of the Canadian Armed Forces and their families and loved ones, while helping Canadians recognize the military’s past and present contributions to our country.

How can the Governor General recognize the important role of francophone soldiers and offer support and encouragement to their families and loved ones if she cannot communicate with them in their language?

Our country was built on linguistic duality, and with Confederation, that linguistic duality was codified, including in the founding text of our country, the Constitution of Canada. Section 133, which is entitled “Use of English and French Languages,” states:

Either the English or the French Language may be used by any Person in the Debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses; and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec.

The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages.

Several decades later, in 1969, the Official Languages Act was voted on and passed on the recommendation of the Royal Commission on Bilingualism and Biculturalism, established by Prime Minister Lester B. Pearson. It came into force on September 7, 1969, and established English and French as the official languages of Canada.

The act created the Office of the Commissioner of Official Languages to oversee its implementation. Under the act, all federal institutions must provide services in English or French, based on demand.

Then, in 1982, we amended the Canadian Constitution by adopting the Canadian Charter of Rights and Freedoms, which is enshrined in the Constitution. That gave the two official languages even more weight. In particular, sections 16 and 20 of the Charter read as follows:

16 (1) English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.

Section 20 reads as follows:

20 (1) Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution where (a) there is a significant demand for communications with and services from that office in such language; or (b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and French.

Also, section 96 of the Canadian Constitution states the following:

Appointment of Judges

The Governor General shall appoint the Judges of the Superior, District, and County Courts in each Province, except those of the Courts of Probate in Nova Scotia and New Brunswick.

Honourable senators, you are no doubt aware that Supreme Court judges are not required to be bilingual. Section 16 of the Official Languages Act states:

Every federal court, other than the Supreme Court of Canada, has the duty to ensure that (a) if English is the language chosen by the parties for proceedings conducted before it in any particular case, every judge or other officer who hears those proceedings is able to understand English without the assistance of an interpreter; (b) if French is the language chosen by the parties for proceedings conducted before it in any particular case, every judge or other officer who hears those proceedings is able to understand French without the assistance of an interpreter; and (c) if both English and French are the languages chosen by the parties for proceedings conducted before it in any particular case, every judge or other officer who hears those proceedings is able to understand both languages without the assistance of an interpreter.

The Trudeau government announced that it planned to amend this provision of the Official Languages Act and make it mandatory for Supreme Court judges to be bilingual. In June, right before Parliament adjourned for the summer, it introduced Bill C-32, An Act to amend the Official Languages Act and to make related and consequential amendments to other Acts. Clause 11 of this bill states the following:

That subsection of section 16 would then read:

16 (1) Every federal court has the duty to ensure that

Essentially, this clause proposes to remove the exception so that the Supreme Court is also required to be bilingual. This bill died on the Order Paper following the prorogation of Parliament. However, in its Throne Speech, the government announced the following:

As Canadians, our two official languages are part of who we are. It is essential to support official language minority communities, and to protect and promote French outside and inside Quebec. The Government will reintroduce the proposed Act for the Substantive Equality of French and English and the Strengthening of the Official Languages Act.

Therefore, the government intends to make bilingualism mandatory for Supreme Court justices. In so doing, it will reaffirm the importance of bilingualism in the highest offices of the land.

[English]

Moreover, in the statement regarding the 1,300 complaints his office received following the appointment of Mary Simon as Governor General, the Commissioner of Official Languages said this, among other things:

Institutional bilingualism depends in large part on the bilingualism of those occupying positions at the highest levels of the public service. Our leaders must lead by example and must be able to represent all Canadians in both official languages.

In the passage from the Speech from the Throne that I just read, I would like to insist on the following sentence: “As Canadians, our two official languages are part of who we are.”

To illustrate and emphasize the importance of this statement, I have chosen the passage from the reference of language rights in Manitoba that was also taken up by the sovereign court in the Beaulac case:

Section 23 of the Manitoba Act, 1870 is a specific manifestation of the general right of Franco-Manitobans to use their own language. The importance of language rights is grounded in the essential role that language plays in human existence, development and dignity. It is through language that we are able to form concepts; to structure and order the world around us. Language bridges the gap between isolation and community, allowing humans to delineate the rights and duties they hold in respect of one another, and thus to live in society.

That is why constitutional protection to ensure the integrity and equality of Canada’s two official languages, English and French, by virtue of its minority status, not only in Canada but especially in North America, the French fact is threatened and losing ground across Canada.

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Last winter, the government tabled a document outlining the Government of Canada’s intentions with respect to official language reform and the plan to modernize the Official Languages Act.

[Translation]

The report is entitled English and French: Towards a substantive equality of official languages in Canada. In it, Minister Joly, the then official languages minister, wrote:

Our official languages are part of our identity; our past, our present and our future. They are meeting points and links between our cultures. They are at the heart of our country’s social contract.

But the world is changing. The development of digital technology and international trade is favouring the use of English. As a result, the use of French is declining in Canada and its vitality is a cause for concern. We recognize that French is a minority language compared to English and that we have an increased duty to protect it. In order to achieve substantive equality between our two official languages, we must take concrete action. We must do this work together, with each other, in a climate of cooperation and acceptance. It is a matter of social cohesion.

I draw your attention to the following passage from the statement by Minister Joly that I just quoted:

 . . . the world is changing. The development of digital technology and international trade is favouring the use of English. As a result, the use of French is declining in Canada and its vitality is a cause for concern.

We recently saw a striking example of that decline. Everyone will remember the infamous speech delivered to the Chamber of Commerce of Metropolitan Montreal by Michael Rousseau, the CEO of Air Canada. Air Canada’s headquarters is in Montreal, the largest francophone city in North America, and this company is subject to the Official Languages Act. Mr. Rousseau gave his speech entirely in English. When questioned by reporters afterwards, the CEO said that he did not speak French, despite living in Quebec for more than 14 years, but that this had never stood in his way. On top of that, he said that he had more important priorities as CEO than learning French.

Two of Trudeau’s ministers joined the chorus of statements and condemnations that followed this regrettable incident. The Minister of Official Languages, Ginette Petitpas Taylor, said the following:

Our two official languages are our strength and our leaders must promote them. I invite you all to make the effort to learn the beautiful French language.

The Minister of Canadian Heritage made the following statement:

Air Canada must do its part to respect our two official languages, particularly French. Quebecers have the right to expect that an example will be set at the highest level.

Esteemed colleagues, I agree with the Minister of Canadian Heritage: Quebecers and francophones across the country have the right to expect that an example will be set at the highest level. When unilingual anglophones are appointed to high-level positions, they regularly commit to learning French while in the position. Apparently that commitment to learning French is seen as a magic wand that justifies the failure to uphold the bilingualism values present in our laws. That’s actually the justification Mr. Trudeau served up when he appointed Ms. Simon to the position of Governor General. The appointment of a unilingual anglophone Governor General sends a completely counterproductive message about how people who speak only one of the two official languages can still attain top positions even though we have two official languages in Canada.

I’m only talking about English because, quite honestly, although I never would have believed the Prime Minister would appoint a unilingual anglophone Governor General, I think it is even less likely he would appoint a unilingual francophone Governor General.

[English]

Personally, I believe that an individual stepping into such a major and important role, and representing Canadian values, must be bilingual from day one. For me, this is a must.

[Translation]

The other impact of appointing a unilingual anglophone to such a high-level position will be that the Governor General’s entourage and the various services associated with her office will operate in English only. During the study of Bill C-419 on the language skills of officers of Parliament, Stéphane Dion made what I consider to be a very fair point, saying:

Isn’t it true that if the head is not bilingual, the body is in danger of not being bilingual as well? If the commissioner doesn’t understand the French language, then the whole system, the whole apparatus will speak only English.

Along the same lines, Senator Joyal said the following in a meeting of the Committee of the Whole in the Senate in November 1, 2011 on the appointment of Mr. Ferguson as Auditor General:

There is a distinction between someone who is willing to learn languages and someone who must master the language when he or she holds the position.

Honourable senators, can you imagine a hospital hiring doctors who are in the early stages of their training, on the pretext that they are committed to continuing their studies? Yet this is what happens when a prime minister appoints a unilingual anglophone head of state for a country where French and English are the official languages, the foundation of our common identity and values, on the pretext that this person is committed to learning French.

In the document she released as a precursor to the upcoming modernization of the Official Languages Act, Minister Joly wrote the following:

The federal government must act in its areas of jurisdiction to respond to the concerns of Francophones in Quebec and across the country in order to protect and promote French and reinforce a sense of linguistic security. . . .

The federal government must play a leading role in bilingualism. The judges appointed to the Supreme Court must be bilingual, the role of the CBC/Radio-Canada as a cultural institution must be strengthened, and the powers of the Commissioner of Official Languages must be enhanced. The public service, as the main point of contact for Canadians with their federal government, must also lead by example.

It is so hard for me to reconcile this statement with the government’s decision to appoint a unilingual anglophone Governor General. That is why I have come to the conclusion that we must create rules for future appointments to the office of Governor General to ensure that we don’t end up with a head of state and commander-in-chief who can’t communicate with just over 8 million Canadians.

In my view, the Language Skills Act, which was passed in 2013, seemed to be the most promising way to achieve that objective. Allow me to give a little history on the introduction of this bill in the House of Commons, the ensuing debates and the bill’s passage.

In November 2011, Prime Minister Harper appointed Michael Ferguson as Auditor General of Canada. Mr. Ferguson was a unilingual anglophone but committed to learning French during his mandate. The opposition got so worked up about this appointment that the Liberal members expressed their outrage by leaving the House of Commons when it was time to vote on the appointment of the new Auditor General.

Then, on May 1, 2012, the member of Parliament for Louis-Saint-Laurent, Alexandrine Latendresse, introduced Bill C-419, which enacted the rule that officers of Parliament must be able to understand both official languages without the assistance of an interpreter. These public servants were identified as being at the highest level of the Canadian public service hierarchy, and their bilingualism was meant to send a strong message to the public service and to all Canadians. Some quotes from the bill’s consideration in committee at second reading and third reading are worth repeating here. Member of Parliament Jacques Gourde provided the government’s response to Bill C-419. He said:

We understand that linguistic duality is at the heart of our identity as a nation, and it contributes to our historical and cultural wealth. It empowers official language minority communities across the country and contributes to Canada’s economic vitality. It strengthens the resilience of our federation through the provision of services in both official languages.

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Marc Garneau, the member for Westmount—Ville-Marie, stated:

Mr. Speaker, I am pleased to speak about this bill. It seems that everyone supports it . . . It is quite obvious that officers of Parliament must be bilingual. In an ideal world, we would not need a law for this.

Stéphane Dion had this to say:

Mr. Speaker . . . I am saying that we are discussing a bill that we should normally not have to discuss, something that has been taken for granted and that Canadians thought was done already.

The obligation for officers of Parliament to be bilingual and to speak Canada’s two official languages is something that seemed self-evident until this Prime Minister appointed a unilingual Auditor General. That was a shock. The party to which I belong reacted so strongly that it refused to vote in favour of the appointment of that Auditor General. We left the House without even voting. . . .

It is insulting to tell Canadians that the incumbents of such crucially important positions will be asked to devote considerable time and effort to learning a language when they are over 40 or 50 years of age. They have better things to do. They must be able to understand both official languages at the time of their appointment. . . .

The other reason that the Auditor General and other officers of Parliament should be bilingual is to send the right message to the youth of our country. If they have ambition and want access to all the responsibilities of their country, they should learn the two official languages.

It is key for people to do that when they are 18 years old because it will be much more difficult when they are aged 48. When they will perhaps want access to these responsibilities, it may be too late. We need to send this message now, through this bill. It is key to shaping our country and the ability for Canada to pay tribute to its two official languages.

It is an incredible asset for us to have two official languages that are international languages. We need to be sure that it will be part of our future. We need to send a message that the most important responsibility, including yours, Mr. Speaker, is to be able to address fellow Canadians in the two official languages. . . .

A belief in bilingualism is a belief in making it more widespread.

Section 12 of the Constitution Act, 1867, reads as follows:

All Powers, Authorities, and Functions which . . . are . . . vested in . . . Governors or Lieutenant Governors . . . be vested in and exerciseable by the Governor General . . . subject nevertheless . . . to be abolished or altered by the Parliament of Canada.

Honourable senators, we therefore have the legitimacy required to set criteria for the appointment of future governors general.

Remember, honourable senators, that one of our constitutional roles is to protect minorities. Obviously, francophones in this country are one of the largest minorities and are part of our heritage.

While more than 1,300 Canadians filed complaints with the Office of the Commissioner of Official Languages following Ms. Simon’s appointment, I can tell you, honourable senators, that after I introduced my bill, I received a record number of messages of support.

[English]

I firmly believe that this bill is important to Canadians. I urge you to support it without delay and pass it in second reading so it can be sent to committee and commended by the people of Canada.

[Translation]

Colleagues, thank you very much for your attention.

Hon. Claude Carignan: Honourable senators, Bill S-207 has been discussed at length, and Senator Dalphond provided us with an excellent summary.

We understand the confusion created by this type of situation, when the territory of a riding doesn’t correspond to its name. If we were to make an analogy with the people who live in Lacolle and say that the Quebec City riding covers part of the territory of Montreal, it would be immediately clear that this is nonsense. However, that is what the people in that area are experiencing.

Just as I did when I spoke on this bill in the last session of Parliament, I support Senator Dalphond’s position on changing the name of the riding.

I urge you to vote in favour of Bill S-207 as soon as possible so as to correct an error that was made in the electoral district naming system.

Hon. Claude Carignan: Honourable senators, my question is for the Leader of the Government in the Senate.

This summer, Canadians learned that the Trudeau government had petitioned the courts to prevent the families of Kristen French and Leslie Mahaffy from accessing information from the Parole Board of Canada and the Correctional Service of Canada in preparation for the parole hearing of Paul Bernardo, the man who murdered those two young girls.

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The government objected to the release of this information to the families on privacy grounds and won the case. The Trudeau government then shamefully demanded that the families pay the government’s legal fees, which came to just over $19,000. The judge reduced the amount to $4,000.

How can the Trudeau government possibly justify foisting its legal fees on these families, who have already suffered so much from the loss of their child?