Hon. René Cormier moved second reading of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts.

He said: Honourable senators, I would first like to point out that the lands on which we are gathered and where I am speaking to you today are part of the unceded traditional territory of the Anishinaabe Algonquin people.

Esteemed colleagues, we live in a Canada that is proud of its cultural diversity and enriched by its linguistic diversity, and it is a real privilege for me to speak today in my capacity as sponsor of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts.

In 1988, the Supreme Court of Canada stated the following in Ford v. Quebec:

Language is not merely a means or medium of expression; it colours the content and meaning of expression. . . . It is also the means by which one expresses one’s personal identity and sense of individuality.

It is with those words in mind that I rise today to speak to this important bill for the future of language rights in our country.

[English]

Colleagues, we have before us a pivotal piece of legislation. Bill C-13 modernizes Canada’s official languages regime. As a member of an official language minority community, I am particularly honoured to sponsor this bill and see to the final stages of its study and its eventual adoption into law.

[Translation]

The fact of the matter is that the Official Languages Act has had many positive effects on our lives and the lives of our families and our francophone, francophile and anglophone communities. This legislation helped turn Canada into the country it is today, and it is a pillar of our parliamentary democracy.

Its positive effects are still being felt by francophone families coast to coast to coast, whether they live in Acadia, Ontario, Manitoba, Saskatchewan, Alberta, British Columbia, Northwest Territories, Yukon or Nunavut, and by English- and French‑speaking families in Quebec.

As minorities, Canadian official language communities are shaped by the dynamics of resilience, resistance, alliance and inclusion. We all win, honourable colleagues, when we have equal access to both official languages. Having two official common languages in Canada enhances the vitality of our communities and strengthens relations between all Canadians. The Official Languages Act holds an important place in Canada’s political, social and constitutional landscape.

Many of us have witnessed the evolution of official language rights since the passage of the first act in 1969. Our two official languages have been an integral part of Canada’s history since its founding, but they were strengthened by the adoption of the first Official Languages Act.

You will recall that all this began in 1963, when the Government of Canada created the Royal Commission on Bilingualism and Biculturalism. This commission conducted a review of the state of bilingualism in Canada to address the concerns expressed by francophones, particularly about the inequality they experienced within the federal government.

[English]

It was further to the recommendations of the Laurendeau-Dunton commission that the first Official Languages Act was adopted in 1969, making English and French the two official languages of Canada. This was a watershed moment in the history of our country. The resulting linguistic duality would now shape important parts of the country’s image and culture, one that is integral to how most Canadians recognize themselves today.

As a result of the act, the federal government now had an obligation to better communicate with Canadians and provide them services in both official languages. In addition, the act put in place obligations that promoted access to justice in both official languages and formalized the use of the two official languages in parliamentary proceedings.

[Translation]

Since then, Canada’s linguistic landscape has continued to evolve, particularly as provincial and territorial governments have taken part in the evolution of these language rights. For example, in 1969, New Brunswick officially declared itself a bilingual province. In fact, it is still the only province that proudly holds that status, though it hasn’t come without challenges, I have to admit.

In the Northwest Territories and Nunavut, not only are English and French recognized as official languages, but Indigenous languages are as well.

In 1977, the Government of Quebec passed the Charter of the French Language. In 1985, Manitoba took the necessary steps to meet its constitutional obligation with respect to legislative bilingualism, and in 1986, Ontario passed the French Language Services Act, which recognizes the right to use French in the legislature, requires that laws be passed in both languages and guarantees the right to receive provincial services in French in certain regions.

[English]

Indeed, since the Official Languages Act was first adopted, the three territories and all provinces have adopted statutes, policies and programs that guarantee services in French or that recognize the contribution of their official language minority communities.

Significantly, there was also the 1982 adoption of the Canadian Charter of Rights and Freedoms, which, among other gains, guaranteed the right to minority language education, a right that is crucial for the vitality and flourishing of English and French minority communities.

In 1988, an amended Official Languages Act was adopted. In addition to preserving the achievements of 1969, this version guaranteed the right to work in the official language of one’s choice in federal institutions under certain conditions. In addition, the act now contained a new part, Part VII, which featured a new commitment by the Government of Canada to advance English and French in Canadian society.

The act also contained a new commitment to support the vitality of official language minority communities — that is, francophone communities outside Quebec and English-speaking communities in Quebec.

[Translation]

The Official Languages Act was amended again in 2005 on the initiative of Senator Jean-Robert Gauthier, whose memory I salute. The objective was to strengthen Part VII of the act by adding the obligation for federal institutions to take positive measures to implement the government’s commitment and to make Part VII justiciable if the commitment to take positive measures was not fulfilled.

That being said, the Official Languages Act has not been reviewed or amended since 2005. Canadians agree that a review is needed. What’s more, over the years, the jurisprudence on language rights has become clearer. All of these legislative components represent the foundation of our language regime.

It is also through the implementation of administrative measures, regulations and programs that the Government of Canada ensures that its national vision is put into action.

Honourable senators, as we look back on the evolution of Canada’s language regime, let’s recognize today that Canada’s official languages are at the heart of our history, our culture, our values, our identity and our social contract, and that the time has come to modernize this regime for the benefit of all Canadians, both today and for generations to come.

[English]

Why is it so important to modernize our Official Languages Act now? Because we should never lose sight of the fact that the act is among the reasons why our two official languages are spoken and celebrated across Canada today. We can take pride in our official languages; in our language regime, which includes Indigenous languages; and in the resilience, the endurance and the strength of conviction our two official language minority communities have shown over the years.

The act has ushered in significant changes in Canadian society. Indeed, the rate of bilingualism in Canada has increased by 50% since the adoption of the original Official Languages Act.

Now, 30-plus years since the last major update, the Official Languages Act is overdue for modernization, and such modernization is necessary to ensure that the act keeps pace with a society in evolution, one marked by technological, social and demographic realities that did not exist in 1988.

[Translation]

The bill before us is the reflection of a comprehensive consultation process. The bill introduced by the Minister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency is part of a progressive history that evolved in step with Canadians’ expectations.

Despite the progress made since 1969 at the federal, provincial and territorial levels, the fact remains that we need to act swiftly in modernizing Canada’s official languages regime, because the recent census caused a state of emergency by highlighting the significant decline in the number of bilingual Canadians who are able to express themselves, live and work in both official languages.

[English]

The bill is the result of consultations with stakeholders across the country, a process that began in 2019. Numerous stakeholders have engaged in this national conversation. Parliamentary committees, the Commissioner of Official Languages, community organizations, researchers, professional associations and unions have all submitted briefs and research reports. Let us not forget the provinces and territories that have shared their respective visions, positions and aspirations when consulted.

We should also remember that our Standing Senate Committee on Official Languages had already proposed changes to the act in 2019 in its final report, entitled Modernizing the Official Languages Act: The Views of Federal Institutions and Recommendations, and provided important guidance during its pre-study of Bill C-13, which was effectively considered in the version before us. Colleagues, we should take pride in this important contribution to the national conversation from our committee and the Senate.

I wholeheartedly recognize and appreciate the vital work our newly appointed Speaker of the Senate has contributed to our studies on this important matter.

[Translation]

I’ll set aside my text for a moment, colleagues, to congratulate and thank our new Speaker, the Honourable Raymonde Gagné. Thoroughness, commitment, collaboration, goodwill and determination are all words that come to mind when I think of her contribution to the study of this bill and to official languages in general. Thank you, Madam Speaker. Thank you, Senator Gagné, for your valuable contribution. The Franco-Manitoban community, the Canadian francophonie and all of Canada can be proud of you. Thank you.

[English]

No one can deny our country has undergone a considerable transformation in the last 30 years, an even greater one since the first Official Languages Act was passed over 50 years ago. Modernization, therefore, not only addresses today’s challenges but anticipates the challenges we will face in official languages tomorrow.

[Translation]

The bill reflects the vision set out in the reform document released by the Government of Canada in February 2021. This vision was articulated around six guiding principles, and I think it is important to present them clearly, since they form the basis of the new version of Bill C-13.

The first guiding principle is the recognition of linguistic dynamics in the provinces and territories and existing rights regarding Indigenous languages.

This guiding principle stems from the fact that linguistic realities vary considerably from one region of the country to another. This is also true for provincial and territorial language regimes. All provinces and the three territories have adopted legislation, policies or programs to guarantee that they offer services in French or to recognize the contribution of their official language minority communities.

There are a variety of provincial and territorial language regimes that the Government of Canada takes into account in the framework of its support for official languages. There are also key areas of intervention where powers are exclusive or shared between the different levels of government, such as education, health, culture, immigration and justice.

Pursuant to this guiding principle, the government says it wants to work with Indigenous peoples to protect, promote and enhance Indigenous languages. This bill does mention that. It includes a clause clarifying that nothing in the Official Languages Act abrogates or derogates from any rights or the maintenance and enhancement of other languages, and it explicitly mentions the reclamation, revitalization and strengthening of Indigenous languages.

[English]

The second guiding principle of the Official Languages Act reform calls for providing opportunities to learn both official languages.

Canadians have a positive view on bilingualism, and most of them recognize its benefits. However, despite the efforts and expressions of interest of families who want to see their children enrolled in immersion programs, the 2021 census has sounded the alarm. The bilingualism rate among English speakers outside of Quebec is stagnant.

The current government has supported second language learning for years through agreements with the provinces and territories. That said, it wants to go further and has explicitly recognized its commitment to encouraging access to official language learning in this bill.

[Translation]

The third guiding principle of the reform is support for the institutions of official language minority communities.

Without minority language institutions and services, there are no public spaces in which official language minority communities can live in their language and achieve their full potential. The Government of Canada proposes that the modernized act promote the development of the full potential of these communities by supporting the vitality of institutions in key sectors.

The government must also provide essential tools for the defence of language rights, in particular by protecting access to the Court Challenges Program, explicitly recognizing that programs aimed at early childhood development form an integral part of the educational continuum, and establishing a strengthened immigration policy that contributes to achieving official languages objectives.

The fourth guiding principle is the protection and promotion of French throughout Canada, including in Quebec.

This bill recognizes the predominant use of the English language in Canada and North America and the fact that this makes it imperative to protect and promote the French language. The purpose of the act, as proposed in this version, is clear: to promote the advancement of the substantive equality of status and use of English and French and to protect official language minority communities.

Bear in mind that, with respect to language rights, the courts have confirmed that substantive equality, as opposed to formal equality, is the correct norm to apply in Canadian law. This norm essentially means that we must consider the needs of the minority community to ensure equal access to services of equal quality for members of both official language communities. In the preeminent case R. v. Beaulac, former Supreme Court of Canada Justice Michel Bastarache wrote that the purpose of the act, and I quote:

 . . . affirms the substantive equality of those constitutional language rights that are in existence at a given time.

Bill C-13 explicitly sets out that substantive equality is the norm for the interpretation of the act.

Bill C-13 also enshrines in law that language rights are to be given a large, liberal and purposive interpretation and are to be interpreted in light of their “remedial character.” For example, section 23 of the Canadian Charter of Rights and Freedoms is remedial in nature because, according to the courts, it is designed, and I quote:

 . . . to correct, on a national scale, the progressive erosion of minority official language groups and to give effect to the concept of the “equal partnership” of the two official language groups in the context of education. . . .

This principle will guide the interpretation of the act in order to ensure better protection for official language minority communities.

The bill also recognizes that the private sector has a role to play in promoting and protecting French. With the modernization of the Official Languages Act, Bill C-13 ensures that federally regulated private businesses do their part to protect and promote French in Quebec and in regions with a strong francophone presence outside Quebec. To that end, it provides for rights and duties that will ensure that consumers can communicate with certain federally regulated private businesses in French. It also provides for language-of-work rights so that employees can carry out their work and be supervised in French.

[English]

The fifth guiding principle of the reform calls for the Government of Canada to lead by example by strengthening the compliance of federal institutions. The Government of Canada and its institutions must be exemplary in their implementation of the act. This bill contains concrete measures to ensure access to the justice system in the official language of one’s choice.

The bill also contains measures to strengthen the role of the Treasury Board in monitoring the compliance of federal institutions with their official languages obligations and holding them accountable, while building on the role played by the Minister of Canadian Heritage and the minister’s expertise in determining the needs of official language minority communities.

This bill also calls for brand-new powers for the Commissioner of Official Languages — who currently plays an ombudsman role — in enforcing the act. The commissioner now would no longer be limited to making recommendations but would enjoy a range of more compulsory powers, including an order-making power.

[Translation]

Lastly, the sixth guiding principle of the reform of the official languages regime calls for us to look beyond the immediate official languages needs.

Clearly, the linguistic landscape is changing, and Canadian society is changing rapidly too. This bill includes a whole new act that will ensure that the legislation remains relevant for generations to come. The bill also includes a requirement to conduct a periodic review of the provisions and implementation of the legislation.

It is a reflection of a desire to carry out an ambitious reform.

To be clear, the bill sets out new areas of intervention, such as post-secondary education in a minority context, francophone immigration, bilingualism on the Supreme Court, the right to work and receive services in French in federally regulated private sector businesses, as well as a new governance framework for implementation.

Bill C-13 represents significant progress towards ensuring the viability of both of our official languages and the vitality of our official language minority communities across the country.

I would now like to focus on some of the key provisions in this bill.

[English]

The bill provides for important adjustments that include measures to strengthen the oversight of the act by the Treasury Board Secretariat, which, for its part, has a mandate to monitor and report on federal institutions. An amendment in the other place further establishes the ministerial role for coordinating the Official Languages Act with the President of the Treasury Board.

The Minister of Canadian Heritage will continue to have a government-wide coordination role in terms of the preparation and delivery of the government’s five-year strategies, also known as “action plans.”

The bill seeks to balance the various roles and responsibilities while ensuring that the federal government remains above reproach and free from any perception of conflict of interest. This issue was raised by former commissioner of official languages Graham Fraser in his 2008 report, in which he stated that:

Central agencies should also avoid being judge and jury to their own proposals, and that is why they should avoid taking on program responsibilities.

Professor and Distinguished Fellow at the Macdonald-Laurier Institute Donald Savoie echoed this concern in his speech at the closing summit of the Cross-Canada Official Languages Consultations on the next Action Plan for Official Languages, stating that “. . . central agencies cannot be both judge and jury with respect to their efforts.”

Thus, the bill provides for a combination of responsibilities that builds on the respective strengths of these two institutions, a formula that has the advantage of having several ministers work together to raise awareness of official languages issues and to find solutions.

[Translation]

Bill C-13 also includes measures that considerably strengthen Part VII of the act, which concerns the advancement of French and English. By significantly consolidating this part and specifying the nature and scope of the positive measures that all federal institutions must take to support the development of our francophone and anglophone minorities and promote French and English in Canadian society, this bill takes into account the demands that were clearly expressed during consultations. Bill C-13 states that the positive measures must be concrete and taken with the intention of having a beneficial effect on the implementation of some of the government’s commitments, especially the commitment to protect and promote French.

[English]

In fact, Bill C-13 will add to the act a list of concrete examples of positive measures, for the benefit of federal institutions. Thanks to the bill, the Treasury Board will also be better equipped to monitor the compliance of federal institutions with their duty to take positive measures.

More concretely, the bill will ensure that the Treasury Board, in consultation with Canadian Heritage, establishes new policies and regulations to support federal institutions in taking positive measures, while holding them accountable for fulfilling their obligations. It is important to note that an amendment made in the other place will further ensure that the government considers the addition of linguistic clauses in bilateral agreements with provinces and territories. This was a significant request from communities that many senators, I think, have heard.

[Translation]

From now on, when taking positive measures, federal institutions will have to consult the communities in a “meaningful” way by doing the following activities:

[English]

An important principle of the Canadian Charter of Rights and Freedoms, embodied in the Official Languages Act, is the advancement of substantive equality of English and French in Canada.

One of our two official languages faces an inescapable reality — and here, of course, I am referring to French, which is a minority language and quite vulnerable, I might add. Demographic realities on the North American continent have long been an important challenge for the defence of the French language in Canada. In recent years, the French language in this country has experienced a significant decline. Despite efforts undertaken over the past few decades, the latest census data confirms that the demographic weight of francophones continues to shrink. We must therefore ensure that any modernization of the act considers the fragile reality of the French language in Canada and includes concrete steps to counteract its decline.

The bill contains concrete measures to protect and promote French, including a requirement to adopt a francophone immigration policy, complete with objectives, targets and indicators to guide government actions.

The bill also supports sectors essential to the vitality of official language minority communities and protects and promotes strong institutions serving those communities.

[Translation]

The Government of Canada also recognized that the private sector has a role to play in protecting French and, for that reason, the bill provides for the creation of a new law, the Use of French in Federally Regulated Private Businesses Act, which seeks to create a new regime for federally regulated private businesses.

Right off the bat, I want to emphasize that the bill contains amendments that were unanimously adopted in the other place. These amendments reflect an agreement in principle with Quebec and serve as an important testament to co-operative federalism. The goal is to harmonize our language regimes to advance the protection and development of the French language while fully maintaining the rights of English-speaking communities in Quebec.

All of these proposals seek to make official language minority communities places where people can live fully in the official language of their choice.

It is expected that the new regime will provide greater protection for French, benefiting francophones across the country, and will enhance the vitality of Canada’s official language minority communities.

Honourable senators, Canadian society is changing rapidly, and yet the Official Languages Act has not been thoroughly reviewed since the late 1980s. The bill therefore provides for a mechanism to review the act every 10 years, to make sure it remains current and has a positive impact from generation to generation.

Bill C-13 represents only one part of the reform of the official languages regime. The bill contains only the legislative measures that were shared by the Minister of Official Languages in February 2021 with the release of the public reform document, which also set out regulatory and administrative measures.

According to the information I have received, the regulatory process could be launched once the bill receives Royal Assent. These regulations are vital to fulfilling the vision that inspired this bill and the implementation of certain key measures.

In concrete terms, the reform begins with Royal Assent, but it will not fully take shape until regulations are made and the subsequent implementation of certain measures and new systems takes place as a result of orders-in-council.

Three regulations will be created. One will clarify the terms and conditions for the positive measures to be taken by federal institutions. Another will establish the framework for the new regime for federally regulated private businesses. The third will establish the scope of the new administrative monetary penalty system. This is one of the new powers granted to the Commissioner of Official Languages.

This new vision also provides for a set of administrative measures, which will be part of the pan-Canadian official languages strategy, better known as the Action Plan for Official Languages 2023-28.

Although this flagship official languages strategy is independent and self-contained, it is implicitly linked to Bill C-13 in that it is one of the main vehicles for implementing the administrative and legislative measures of the reform.

Colleagues, I believe I can say that the Parliament of Canada is committed to the modernization of the Official Languages Act, as are many Canadians who are proud of their official languages.

[English]

I’m delighted that we can now study this bill. Like you, I’m eager to see a modernized act that will protect the French language and slow its decline in Canada, one that will promote and enhance the vitality of official language minority communities and one that will advance the substantive equality of English and French in Canada. The protection of minorities is a foundational principle of our Constitution, and our chamber serves as a forum to our linguistic groups.

[Translation]

I also want to acknowledge the invaluable work done by the parliamentarians at the other place and the members of the Standing Senate Committee on Official Languages, who have been studying the issues associated with modernizing this quasi‑constitutional legislation since 2017. Thanks to your unwavering commitment, we can now proceed with the study of this important bill for Canada.

In closing, honourable colleagues, allow me to say, on a more personal note, that our official languages, our Indigenous languages and all the other languages spoken in this vast land that is Canada deserve to be cherished, to be spoken, to be protected, to be celebrated and to be kept alive. Maintaining, using, promoting and developing both of our official languages needs to be done with a keen awareness of the importance of ensuring the survival and development of Indigenous languages in Canada.

Like all languages, our two official languages are dynamic and are influenced by other languages. The words that make them up are coloured by a variety of tonalities. That is what makes them so strong and rich. As an Acadian writer of French origin, Newfoundlander Françoise Enguehard, wrote:

A language . . . is to be celebrated year-round, to be polished, to be learned and mastered, to be defended when called for, to be celebrated when possible, and above all, to be used.

Thank you for listening. Thank you. Meegwetch.