All aboard with Leon

You don't know me? I am the engineer at the controls of the official languages train. Did you know that Dyane Adam recently introduced OCOL's Leon Award for Leadership? Each year, this award will pay tribute to the head of a federal institution who has shown distinguished leadership in promoting linguistic duality and implementing the Official Languages Program in their institution. As you can imagine, it is quite an honour for me to be chosen as the symbol of this award. You have not heard the last of me!

I forgot to mention that I come from Eastern Canada. The Federal Councils in the Atlantic region created me, and during the Symposium on Official Languages held in Charlottetown in October 2001, they presented me to the Commissioner. Since then, I have been supporting her in her various tasks, especially in helping to get linguistic duality back on track.

Since I am aware of all the Commissioner's activities and very familiar with the itinerary of the official languages train, INFOACTION asked me to tell you about the key points of her third annual report, which I was happy to do. One word of advice: this issue of INFOACTION can present only a general overview. If you have the time, read the entire annual report. Then you will be an informed passenger on the official languages train.

All aboard! Enjoy the tour.

A Word from the Commissioner The train pulls out of the station

My third annual report covers the year ending March 31, 2002. In it I once again encourage the Government of Canada to speed up and remind it of the need for diligence. It is time to put our linguistic duality squarely back on track and to deliver the goods as promised.

In my first annual report, I criticized our leaders' indifference to official languages and urged them to take prompt action to correct the situation. In my second annual report, I was pleased to note that the train's whistle had sounded, and that the train was about to leave the station. The 2001 Speech from the Throne clearly announced the Government's intention to take action to recognize and promote linguistic duality.

This year's report takes stock of measures taken by the government to follow up on its commitment. It also gives us the opportunity to ask the question: has the train really pulled out of the station? If I ask the question, it is because the issues are important and pressing. My report points out the numerous examples of the Canadian government's commitment and highlights commendable isolated initiatives. However, the government must not limit the implementation of the Official Languages Act to a succession of incoherent mini-reforms without a clear end goal. Once again, this report strongly calls on the government to carry out its obligations and to move quickly to develop a comprehensive vision that includes objectives, deadlines and performance evaluations to ensure the successful implementation of an action plan. Canadians, who have a right to genuine leadership and respect regarding official languages, demand that their government articulate such a vision.

Language rights are fundamental values and civic virtues which have become even more important in the aftermath of the events in the United States on September 11, 2001. These events remind us of the importance of solidarity in defending our rights and freedoms. The commemoration of the 20^th anniversary of the Canadian Charter of Rights and Freedoms also calls on us to defend these values. Not only does the Charter give legal expression to the rights and values Canadians cherish, but it also embeds these rights and values within a specific social, cultural and linguistic setting, and thus reflects the existence of the two major language communities.

The official languages train really has pulled out of the station. Now the crew needs to pick up the pace. Despite some problems, I am confident the route will not be too hazardous. Last June, the President of the Privy Council and Minister of Intergovernmental Affairs, Stéphane Dion, released the key orientations of the federal government's action plan on official languages. He is on the right track, and I am counting on him to ensure that the official languages train does not derail over the coming fiscal year.

This issue of INFOACTION presents a very general overview of the key points of the 31^st annual report of the Commissioner of Official Languages. I hope that these few pages express my firm resolve to persuade federal institutions to permanently anchor linguistic duality in their organizational culture.

Hope you enjoy reading with LEON!

Dyane Adam

The key milestones for Leon

When beginning your travels through the annual report, you should be aware that the document is made up of seven main roads that we are calling "chapters." There is a lot of material to cover!

Here, briefly, is what you will find.

• The first three chapters describe in succession the importance of linguistic duality as a Canadian value, efforts by our political and administrative leaders over the past year to promote linguistic duality, and the various roles of the Commissioner as agent of change.
  
• Chapters four and five examine how the federal government has carried out its language responsibilities where service to the public, language of work, and equitable participation by both language groups in the public service are concerned.
  
• The last two chapters present the action taken by the Commissioner over the past year to help promote linguistic duality and enhance the vitality of official language minority communities. You will notice that she and her team are true agents of change.

This outline will guide you in reading the annual report.

Many things must change and some have

On being appointed in 1999, the Commissioner set herself the mandate of becoming an agent of change, so that Canada's political and administrative leaders can continue to reinforce our linguistic fabric. OCOL has considered how to focus this mandate and optimize the Commissioner's influence. From this reflection process, three main avenues have emerged:

• using a proactive approach focused on awareness and prevention as the Commissioner assesses compliance with the Act;
  
• mobilizing the public service around the concept of linguistic duality and encouraging public servants, each in their area of activity, to give concrete expression to Canada's language policy; and
  
• co-ordinating OCOL's activities, in order to advance simultaneously on several fronts.

The annual report describes various ways of promoting the change desired by Commissioner Adam, through six key roles. Here's a brief description of these complementary roles, along with the activities that fall under each one.

The six roles associated with the Commissioner's mandate are carried out proactively in an atmosphere of dialogue and mutual respect. These roles require her to pay close attention to the complaints of Canadians and the requirements of linguistic duality.

First–class passengers

On the official languages train, some passengers stand out because of their political and administrative leadership. LEON is not the only one to be happy about that! The second chapter of the annual report is worth reading. In particular, it highlights some actions that show that many heads of federal institutions have succeeded in creating a collaborative environment that encourages everyone to share a common vision and contribute to give linguistic duality a boost. Here are a few examples of this political and administrative leadership in action. They are truly first–class passengers.

Leadership Award

The first Leadership Award, for which LEON is the proud mascot, goes to the Chief Statistician of Canada, Ivan P. Fellegi. With this award, the Commissioner pays tribute to Statistics Canada, which has distinguished itself by its excellent service to the public, a workplace that is conducive to the use of both official languages, its implementation of Part VII of the Act, and its management of the Official Languages Program overall.

Standing Joint Committee on Official Languages

This committee has been one of the most active ones. The Committee took firm stands on a number of issues, particularly those involving Air Canada and the televised broadcasts of House of Commons proceedings. It tabled a report setting out the official language minority communities' expectations of the government's action plan on official languages. We would like to note the Committee's commitment to resolving the many problems related to Air Canada's failure to respect the Act.

Standing Senate Committee on Legal and Constitutional Affairs

This committee showed true leadership with respect to linguistic duality. Its members were involved in an in–depth study triggered by the tabling of Bill S–32, sponsored by Senator Jean–Robert Gauthier. This is a bill to amend the Official Languages Act in order to make the government's commitment to official language minority communities more binding. We know that a number of federal institutions have taken advantage of section 41's ill–defined nature to justify their failure to take action to implement it. The Commissioner appeared before the Committee and proposed amendments to increase the effectiveness of measures to enhance the development and vitality of communities.

House of Commons Standing Committee on Citizenship and Immigration

The Immigration and Refugee Protection Act received Royal Assent in November 2001. A few months prior to this, the Commissioner appeared before the Committee. The Commissioner's goal was to persuade Committee members to support certain amendments to the proposed Immigration and Refugee Protection Act that would ensure that both official language groups benefited more equitably from immigration. The Commissioner is pleased to see that the new legislation responds to her recommendations. As for the regulations proposed by Citizenship and Immigration Canada (CIC), the Committee also took the Commissioner's observations into account and recommended that CIC double the number of points awarded for knowledge of an immigrant's second official language.

Although we cannot list all the "first–class passengers" here, as is done in the annual report, we must note the leadership shown by the Clerk of the Privy Council and the Committees on Official Languages of Regional Councils of Senior Federal Officials (which INFOACTION has already told you about).

Dr. Adam is delighted that the bureaucratic machinery has started moving... even if it is a little slow for her taste. Still, the government has been quite active in the following ways during the past fiscal year:

• it has identified official languages as one of the strategic priorities of the public service;
  
• it has named a minister, Stéphane Dion, who is responsible for coordinating federal leadership on official languages;
  
• it has set up a Ministerial Reference Group to support its thinking on official languages;
  
• it has allocated new funding to a number of projects that support the development of official language minority communities, such as an institute at Université de Moncton for research on official language minority communities.

A distance education network for the English–speaking community in Quebec, language training for employees of the new City of Ottawa, and projects for young Francophones in minority communities also received government support.

So there has been progress; however, the Commissioner stresses the urgency of moving faster, because the Official Languages Program is not just any program. It is a vital collective undertaking, "at the very heart of our Canadian values," as she likes to say. It is a value that should be part of daily life in all federal institutions.

Air Canada: on a flight path to bilingualism?

The last annual report examined in depth the systemic problems regarding official languages at Air Canada. This year, the company was once again the institution subject to the greatest number of complaints. Most of these complaints had to do with recurring problems. This year's report notes that in recent months the airline has taken encouraging steps to ensure that it complies with the Official Languages Act.

Following several legal proceedings and mediation requested by the Court, an agreement was reached among OCOL, Air Canada and Air Canada's unions in November 2001. By the end of the summer of 2003, Air Canada must propose specific measures based on its discussions with its unions to improve its services at the Toronto (Pearson) and Halifax airports.

The Standing Joint Committee on Official Languages asked Air Canada to draw up an action plan which must include:

• specific objectives with reasonable deadlines;
  
• verifiable performance indicators;
  
• specific measures to alleviate difficulties resulting from the acquisition of Canadian Airlines International and regional carriers.

In August 2000, the Minister of Transport asked Debra Ward, an independent observer appointed by the government, to study the repercussions for Canadians of the merger between Air Canada and Canadian Airlines International. The Minister also her to focus on language issues. Her final report was tabled in September and included recommendations to help Air Canada fulfil its language obligations.

Air Canada has shown some willingness to change. It goes without saying that the Commissioner is following the progress of this issue very closely. Dr. Adam has often said that Canadian passengers have a right to expect better service in their own language from the main Canadian carrier.

Parliament in your living room

What does filing a complaint with OCOL really get you? If only it would result in change... In fact, a complaint from a single person can be the catalyst for change. The annual report gives us several examples, and the following is one case that will bring results right into your living room.

Canadian cable companies are not subject to the Official Languages Act and are not required to broadcast proceedings of the House of Commons and its committees to their subscribers in both official languages. Consequently, Canadians cannot always listen to their federal representatives in the language of their choice.

A complaint from an English–speaking resident of New Brunswick, Louis Quigley, could help change this situation. He complained that he could not receive full broadcasts of House of Commons proceedings in the language of his choice. After investigating, the Commissioner found that the Official Languages Act requires the House of Commons to ensure that Canadians have equal access to its proceedings in the official language of their choice. In her investigation report she asked the House to implement the necessary measures to correct the situation. Further, Dr. Adam appeared before the Standing Joint Committee on Official Languages to present the findings of her investigation. The Committee published a report recommending that the CRTC require cable companies to broadcast House of Commons proceedings in both official languages. In spring 2002, the Commissioner presented a detailed brief explaining her position to the CRTC.

A very determined Mr. Quigley exercised his right to legal recourse, applying to the Federal Court for an order that the House of Commons broadcast its proceedings in both official languages. The Federal Court heard his case, and the Commissioner intervened to defend her recommendations and the application of the Official Languages Act to the House of Commons. On March 31, 2002, the Court had not yet reached a decision.*

Although this case is still before the courts, we can still talk about a partial result because, in fall 2001, the CRTC decided to require cable companies to broadcast House of Commons proceedings in both official languages by distributing two audio signals to subscribers' homes using SAP technology.

This complaint will have the positive effect of giving more Canadians access to House of Commons proceedings in the official language of their choice.

Focus on communities

As always, the Commissioner's annual report makes a point of discussing linguistic communities. This year's report describes the development of several issues in which the Commissioner has been quite involved. Every time the vitality of official language communities is threatened by ill–advised administrative decisions or policies, the Commissioner sounds the alarm. The following are a few of the examples in the annual report.

Monfort Hospital: A Happy Conclusion

On February 1, 2002, by announcing that the Ontario government would not appeal the Montfort decision to the Supreme Court, the Minister of Health and Long–Term Care also announced the end of the long and famous saga. You may remember that the Commissioner obtained intervenor status with the Court of Appeal to support Montfort Hospital. Justice Canada and many others intervened in support of the Franco–Ontarian community. The repercussions of this collective victory will extend beyond the borders of Ontario. The provinces and territories will now be expected to take into account the needs of official language minority communities during any type of restructuring, particularly in the health care sector.

The Romanow Commission

The Romanow Commission on the Future of Health Care in Canada is to make recommendations to the federal government to ensure that Canada's health care system is viable and reflects Canadian values of the 21st century. It's a huge challenge! Language is at the heart of the Canadian health care system, since communication is central to the delivery of quality health care.

The Romanow Commission's February 2002 interim report makes no mention of the legitimate needs of members of the English–speaking and French–speaking minority communities. The Commissioner and representatives from official language minority communities intervened before the Romanow Commission, pointing out the importance of language in health care and encouraging the Commission to focus part of its work on this issue. The Commissioner believes it is absolutely essential that the Romanow Commission's final report recommend the implementation of measures to improve health services available to Anglophone and Francophone official language minority communities.

Municipal Mergers in Quebec

In February 2001, some 20 municipalities applied to the Quebec Superior Court for an injunction to halt implementation of the newly enacted municipal mergers legislation (Bill 170).

Some also contested accompanying amendments to the Charter of the French language (Bill 171). Those amendments limited the availability of bilingual status for new boroughs and municipalities. Municipal entities that do not already have bilingual status can no longer obtain that status unless English is the mother tongue of a majority of residents; the old threshold required only that a majority of residents speak a language other than French.

The Commissioner obtained intervenor status to challenge the constitutional validity of the criterion for granting bilingual status. The Commissioner took the position that the new criterion was an unconstitutional reduction of the language rights of English speakers.

Both the Quebec Superior Court and the Quebec Court of Appeal rejected the arguments made by the municipalities. The trial judge nevertheless acknowledged the possibility of a future violation of section 16 of the Canadian Charter of Rights and Freedoms should a municipality be refused bilingual tatus when it could have obtained that status under the pre–amendment criterion.

Other Important Issues

The annual report also discusses a number of issues in which the Commissioner has been quite involved.

• Review of the Northwest Territories' Official Languages Act.
• Broadcasting: a significant increase in French–language broadcasting to minority communities.
• A distance education project for English–speaking communities in Quebec.
• The Institut français at the University of Regina.
• Radio–Canada: the Chaîne culturelle.
  

Leon recommends...The recommendations

You must know this by now, but it bears repeating: the Commissioner spares no effort in promoting true equality of English and French in Canadian society. Her recommendations to government through her annual report are made with this in mind.

This year's report contains several recommendations. You can take my word for it, these recommendations must be taken seriously, since they show the government how to put linguistic duality squarely back on track if it wants to deliver the goods. INFOACTION presents these recommendations, which clearly demonstrate the Commissioner's desire to be an agent of change.

A last word from Leon, our well–informed engineer

On April 1, 2002, the official languages train began a new 12–month trip. In her next annual report, the Commissioner will assess the performance of all passengers, particularly those who share the controls. This will be a smooth trip if the Commissioner's recommendations and the advice in the current report are implemented.

As for me, LEON the informed engineer, I will keep my eyes open. There is no reason for you not to do the same. Why not join me along the way in watching what progress the government and public service make? To help you, here are a few guide posts that are set out in the Commissioner's report. They will be the focus of close scrutiny in the 2002–2003 report.

• Do our political leaders live up to their promises to recognize and promote official languages across the country?
  
• Have the seven priorities that the Commissioner recommended to the government for its action plan been respected and implemented as necessary?
  
• As for service to the public in both official languages, you are the ones best placed to say whether there are shortfalls in the quality of service in either language and to let us know. If there is a problem, don't hesitate to let us know.
  
• French on the Internet. In 1999 and again in 2002, the Commissioner recommended that the government establish the political and financial framework needed to increase the use of French on the Internet. Some progress has been made, but a clear political statement, a global vision and an integrated strategy have yet to be set out. Will you follow this issue with LEON?

There are other issues that should also be looked at in the coming year: official languages and the Canadian sport system, official languages and immigration, official bilingualism and the nation's capital, etc.

The Commissioner will not budge on her objectives. The Government of Canada should heed her warning: it must be diligent in advancing linguistic duality and pick up the pace if it wants the train to reach its destination of the fullest linguistic equality possible. That's quite a lot to deliver!

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Overview of complaints in 2001–2002