LANG – Standing Committee on Official Languages – December 6, 2022

Monday, June 6, 2022, from 3:31 p.m. to 5:34 p.m.
Videoconference (hybrid and in-person and Zoom)

Report prepared by:

Mélodie Terracol, Cabinet and Parliamentary Affairs
Canadian Heritage
melodie.terracol@pch.gc.ca

Members in Attendance

René Arseneault (LPC)
Mario Beaulieu (BQ)
Joël Godin (CPC)
Niki Ashton (NDP)
Richard Lehoux (CPC)
Francis Drouin (LPC)
Jacques Gourde (CPC)
Angelo Iacono (LPC)
Arielle Kayabaga (LPC)
Patricia Lattanzio (LPC)
Alain Rayes (CPC)
Marc G. Serré (LPC)

Subject of the meeting

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

Witnesses:

Quebec Community Groups Network

• Hon. Marlene Jennings, P.C., President
• Hon. Joan Fraser, Director, Board of Directors
• Marion Sandilands, Counsel

As an individual

• Michel Doucet, Professor Emeritus, Faculty of Law, Université de Moncton
• Janice Naymark, Lawyer

Summary:

Quebec Community Groups Network

Hon. Marlene Jennings, P.C., President

Hon. Joan Fraser, Director, Board of Directors

Marion Sandilands, Counsel

• Bill 96 weighs heavily on our communities and is expected to have serious consequences
• This committee must clearly understand Bill 96 in order to study C-13
• Concerns with Bill C-13
  • References to the Charter of the French language + Bill 96
  • Failure of Bill C-13 to address well-known accountability challenges in Part 7 of OLA
  • Proposition of creating new language rights in federal legislation for only 1 official language
• Will submit more information to the committee

As an individual

Michel Doucet

• Language rights necessary
• Bill a step in the right direction
• Concrete and effective actions necessary

As an individual

Janice Naymark, Lawyer

• Bill 96 struck blow to Quebec
• Anglophone community in Quebec is a minority language community and in need of protection from the federal government
• Areas of comment:
  • Unequal linguistic rights
  • Reference to Quebec charter of language in bill
  • French in federally regulated businesses
  • Procedural fairness

Questions:

Joël Godin (CPC)

• Is French increasing or declining in Quebec? And English?
  • Jennings: No decline in the use of French in the public space
• Do you agree with giving the Commissioner of Official Languages more power in Part 7?
  • Jennings: Yes, and we should strengthen them.
• Language clauses. Do you agree that they should be negotiated with the provinces and territories, as a type of amendment?
  • Jennings: Yes
• Can you elaborate on what you said about an official language in Quebec.
  • Jennings: The status of the French language has not changed much in Montréal, but the use of French at work has increased, but there is a decline at home.
• Can you elaborate on your point about the need for security for minority groups?
  • Doucet: We must not forget the problems faced by minority communities outside Quebec. Language debates in Quebec are important.
• Do you believe that C-13 should be amended to require that all provinces have a bilingual English-French lieutenant governor?
  • Doucet: Yes

Angelo Iacono (LPC)

• Why are you recommending that linguistic minority be defined based on the province or territory?
  • Fraser: We believe it is always preferable to have maximum clarity
• What would the implications of such a definition be?
  • Sandilands: We want to avoid confusion.
• Can you tell us how the Court Challenges Program supports your rights as a member of an official language minority community?
  • Jennings: We would like the program to be made permanent so that it would be difficult to eliminate as in the past and to see an increase in the money allocated to it.
• What compromises can be made to have provisions that protect and promote the official linguistic minority while preserving and promoting the use of the French language?
  • Fraser: It is possible to promote the use of the French language in Quebec without adversely affecting the Anglophone community.

Mario Beaulieu (BQ)

• Your parallel between Bill 96 and the war in Russia. Do you not consider that exaggerating?
• Do you agree that Quebec is a minority within Canada?
  • Jennings: Yes
• Anglophones in Quebec are part of the majority.
  • Jennings: The Official Languages Act recognizes two official languages and English- and French-speaking minority communities across Canada.
• You’re against French as the common language?
  • Jennings: No. Bill 96 is incompatible with the Official Languages Act.
• C-13 prevents the francization of newcomers.

Niki Ashton (NDP)

• Do you think the government should systematically negotiate language clauses with the provinces and territories? For example, early childhood.
  • Doucet: It is essential.
• Should we expand the Commissioner of Official Languages’ order-making power to Part 7?
  • Doucet: Absolutely.
• You previously proposed that the Commissioner of Official Languages have the power to impose administrative monetary penalties. Do you believe this power to impose penalties should be expanded compared to what is proposed in C-13?
  • Doucet: That’s what I believed at the time, but for now I really like the compliance tool, it’s more important than a monetary penalty.
• Do you think Treasury Board should serve as the central agency?
  • Doucet: Yes, but the message should also come from the senior level of the public service.

Bernard Généreux (CPC) (replacing Alain Rayes)

• Is Bill C-13 as drafted likely to lead to numerous court proceedings? If so, give me an example.
  • Sandilands: We cannot see what will happen in the future.
• Do you agree with the QCGN that Bill C-13 should be amended to expand the Commissioner of Official Languages’ order-making power to Part VII?
  • Naymark: No comment, this is not my area.
• Which shortcomings in the bill are you referring to? Should amendments be proposed? And which ones?
  • Doucet: Section 16 does not ensure that judges and all members of the bench are bilingual. An amendment could be made to ensure that lieutenant governors are bilingual. The legislation is important, but it’s not the solution to everything.

Patricia Lattanzio (LPC)

• I suggest to reconvene the witnesses since we lost an hour.
• Can you elaborate on the effects of the recent adoption of Bill 96 on English-speaking Quebec and how it ties in with those concerns?
  • Jennings: It puts restrictions on employers to hire individuals who speak a language other than French, reduces levels of services both in the health and social services sector, it makes access to services in English in justice more difficult, puts a cap on student enrolment in CEGEPs, etc.
• Maybe you can provide all of this in writing.
• Can you please provide recommendations on how you think Part 7 should be amended?
  • Sandilands: Make it legally enforceable and make it better for English-speaking Quebec.

Mario Beaulieu (BQ)

• Do you find it acceptable that 100% of the funds for official languages programs goes to the Anglophone community in Quebec?
  • Jennings: That is not the case.
• It’s more or less the case. Do you find this normal?

Niki Ashton (NDP)

• Do you think the government should adopt an actual Francophone immigration policy working with organizations that have foreign ties?
  • Doucet: Yes.

*Motion #1 brought forward at the meeting:

Francis Drouin (LPC) brought forward a motion with seven components relating to the length of testimony, the time frame for submitting amendments, the time frame for the clause-by-clause review and the time for additional review meetings.

Niki Ashton (NDP) proposed a sub-amendment to retain some parts of the text but eliminate others.

Mario Beaulieu (BQ) proposed a sub-amendment to adjust a phrase in the part referring to the start date of the testimony.

Francis Drouin (LPC) proposed that his motion be withdrawn since time was running out and there was only an hour left in the meeting.

A vote was held and MP Drouin’s motion was withdrawn.

*Motion #2 brought forward at the meeting:

Joël Godin (CPC) asked the committee to draft a letter to the premiers of the provinces and territories, as a notice to appear.

Next meeting:

The committee is expected to meet on Wednesday, June 8, 2022.