Toronto, June 21, 2002
Canada's linguistic duality: future prospects
Notes for a speech given to the Congress of the
Association des juristes d'expression française de l'Ontario
Dr. Dyane Adam – Commissioner of Official Languages
Check against delivery
Ladies and Gentlemen:
I am pleased to be with you to discuss a subject that concerns me and haunts me, so to speak, even in my deepest dreams: the future prospects for Canada's linguistic duality. But before talking about the future, I would like to speak to you briefly about the current state of our linguistic duality as a Canadian value.
A brief look at the current situation
I am sure you will agree with me that there has been quite a dramatic change, some would even say a Canadian-style revolution in the past 30 years!
Let me explain.
In the mid-1970s, there were still many people who became apoplectic when they heard talk about the official languages! Barely half of Canadians thought that English and French should be recognized as Canada's two official languages. Last February, Environics polled public opinion on the 20th anniversary of the Canadian Charter of Rights and Freedoms. Nearly eight out of ten Canadians now support the principle of the equality of English and French.
It is worth remembering that, 30 years ago, it was difficult, if not impossible, for French-speakers outside Quebec to give birth, have children educated, marry and receive medical care in their own language, or to obtain a divorce or government services, declare bankruptcy, gain access to the courts or die with dignity in their own language. To the frustration of drivers who committed an offence, even traffic tickets were handed out in English only!
Let us acknowledge that times have changed, although the development of linguistic duality has occurred, so to speak, at different speeds. The entrenchment of language rights in the Canadian Charter of Rights and Freedoms marked a turning point. In addition, the Supreme Court, particularly in the Mahé and Arsenault-Cameron decisions, courageously and clear-sightedly defined the true scope of minority language education rights. It has played a fundamental role in our understanding of the principle of linguistic duality by making us aware of the distinctive nature of each of the official language minority communities and of the central place these communities have in the preservation of our national identity.
The dawn of renewal
Today, because of this judicial "activism," we may be at the dawn of renewal. For example, the decisions in the Montfort- and Charlebois cases immediately raise the question of the responsibility of governments to ensure respect for language rights and the protection of linguistic minorities in day-to-day life.
The Government of New Brunswick, for instance, is an example of linguistic dynamism. I would like to take this opportunity to praise its leadership. Faced with the need to comply with the Court of Appeal's decision in the Charlebois case, it had the courage to undertake a major revision of its Official Languages Act and to take the wishes of its French-speaking community into account. This new Act states that services are to be provided in both official languages in various sectors that directly affect the life of citizens: municipal services, police services, the administration of justice and health care. I was particularly pleased with the creation of a position of Commissioner of Official Languages. The Commissioner will be responsible for ensuring respect for language rights, as well as for fostering the advancement of the two official languages in the province.
Other jurisdictions may also find it to their advantage to imitate this initiative. The progress that has been achieved thus far, the gradual transformation of institutions and the introduction of new technologies are some of the factors that argue in favour of a review. For example, the Ontario's French Language Services Act would no doubt benefit from an updating. There has recently been a changing of the guard at Queen's Park. Given the important role played by the Franco-Ontarian community, is it not time for the Government of Ontario to amend the French Language Services Act so as to better serve the French-speaking community and recognize the principle of the equality of English and French? Is it not also time for the bilingual status of the city of Ottawa to be formally recognized?
With regard to the federal government, tomorrow the Minister of Intergovernmental Affairs, Stéphane Dion-, will outline the main features of a long-awaited action plan to give new impetus to the Official Languages Program. I have informed him of my expectations regarding this strategic framework and I am confident that the plan will lead to a reform that will produce tangible and long lasting results.
In short, while there are many initiatives under way, we are still seeking substantive equality. It shimmers in the distance. To attain it, two things are essential: more dynamic leadership and a change of culture.
Seeking substantive equality
It is essential for all our leaders to understand and accept that the responsibility for official languages is horizontal, joint and shared. It is in fact a collective responsibility of all the leading players in Canadian society: members of Parliament and of the provincial and territorial legislatures; the many associations who promote language rights in various sectors of activity, such as justice, education, health, culture, economic development, communications, etc.; and finally the citizens in our linguistic communities who must strive to live in their language every day. It is possible to create an ideal language regime with rights, but if these rights cannot exercised in daily life, they remain a legal fiction.
A co-operative and concerted effort is required to better define, consolidate and harmonize federal, provincial and territorial laws and policies with the aim of improving their complementarity, effectiveness and vigour. In short, what is required of all partners is greater involvement in the advancement of the official languages. What is essential is to create a constructive climate based on a shared vision.
As you know, the advancement of linguistic duality in the federal administration and in Canadian society is an important aspect of my mandate. This promotional role enables me to conduct special studies in various aspects of activity, to make people aware of the potential and benefits of linguistic duality and to intervene with provincial and territorial governments to ensure that the linguistic communities receive the attention they deserve. This is an important aspect of the mandate of a language ombudsman.
Another important aspect of my mandate is to ensure a kind of ongoing monitoring of government activities. I therefore expect the Government of Canada to examine its policies, programs, regulations and proposed legislation in light of its commitment to linguistic duality. With this in mind, I have made recommendations about French on the Internet, the importance of immigration to the minority communities, the right of the official language communities to health care in their language and the place of French in sport and physical activity.
The role of AJEFO
At the provincial level, it is often associations like yours that are on the alert, that play an essential role as watchdog and critic, even though they do not have all the resources they need.
Take, for example, the issue of access to justice. Since 1995, we have conducted three studies on access to justice in both official languages. We have also made many recommendations to Justice Canada to better guarantee members of the official language minority communities equal access to justice in their language.
AJEFO can be proud of the successes it has had in the Federal Court with respect to the Contraventions Act. Thanks to you and other provincial associations of French-speaking jurists, Justice Canada commissioned a field study from PGF Consultants entitled "État des lieux" in order to gather quantitative data on the demand for services, to identify obstacles to access and to propose possible solutions.
In my appearance before the Standing Joint Committee on Official Languages, I identified access to justice as a priority. The Fédération des associations de juristes d'expression française de common law (FAJEFCL) also gave pertinent and eloquent testimony before the Committee. In addition, I invited Minister Dion to make this issue one of the key elements of his action plan.
I can assure you that the members of the Standing Joint Committee, together with the Office of the Commissioner, will be monitoring this issue very closely. I also firmly intend to carefully examine the measures that Justice Canada will propose to implement the recommendations of PGF Consultants.
Finally, at the POLAJ colloquium last November, I stressed the importance of co-ordinated action by Justice Canada and its provincial counterparts in partnership with the various associations of French-speaking jurists to ensure that all Canadians can have access to the justice system in the official language of their choice. Naturally, this implies that the Government of Canada should assist the provincial and territorial governments in developing the necessary institutional structures.
Conclusion
Fundamentally, what we are all striving toward, each in our own field, is a new linguistic governance, a governance that is more participative, transparent, effective and, above all, more equitable. This should in the end be a governance that is more responsible and more respectful of the deep aspirations of our communities. Basically, since we are winners, you and I want to establish the winning conditions for a new collective identity based on values of mutual assistance, sharing and respect.
Who will say that this challenge is not worth taking up?
Thank you.
