Commissioner of Official Languages

Honourable senators, the Senate is resolved into a Committee of the Whole in order to receive Kelly Burke respecting her appointment as Commissioner of Official Languages.

Honourable senators, in a Committee of the Whole, senators shall address the chair but need not stand. Under the Rules, the speaking time is 10 minutes, including questions and answers, but, as ordered, if a senator does not use all of their time, the balance can be yielded to another senator. The committee will receive Kelly Burke and I would now invite her to join us.

(Pursuant to the order of the Senate, Kelly Burke was escorted to a seat in the Senate Chamber.)

Ms. Burke, welcome to the Senate. I would ask you to make your opening remarks of at most five minutes.

Good evening. Thank you for this opportunity to address you, honourable senators.

Good evening to all of you. Thank you for inviting me to appear before you today.

It is an honour and a privilege to be able to share with you my career, my motivations and my vision, which I hope to put to work for the benefit of Canada as Commissioner of Official Languages.

The coming into force of the modernized Official Languages Act in June 2023 was a pivotal moment in Canada’s linguistic history. This ambitious reform calls for strong leadership, a keen understanding of the issues and a demonstrated ability to work collaboratively with federal institutions, provincial and territorial governments and linguistic communities across the country.

As commissioner, it is important to champion a modern, confident and inclusive bilingualism that strengthens our democracy, empowers every community and ensures Canada’s linguistic future thrives for generations. I am ready to take on this responsibility with rigour, determination and a strong sense of duty.

The mission of the Commissioner of Official Languages is essential to the vitality of our linguistic communities in an officially bilingual Canada. The mission aims to ensure respect for French and English, protect and strengthen the place of French in Canada and support the development and vitality of communities. These objectives are not abstract concepts to me. They have been central to my identity, my career path and my commitments for over 25 years. I was born and raised in a large family deeply rooted in both cultures covered by the Official Languages Act. My francophone, anglophone and bilingual parents, grandparents and great-grandparents instilled in me a sincere appreciation for both official languages, passed down from generation to generation.

Long before the act was passed in 1969, my parents made the wise decision to enrol me in French-language schools. I was educated, from kindergarten to high school, in Cornwall, Ontario. This early exposure to both official languages shaped my intimate understanding of Canadian bilingualism on a daily basis. This understanding quickly translated into concrete action. Early in my career, I taught French to hundreds of students in immersion schools in several regions of Ontario. I saw first-hand the fundamental importance of access to quality education in French, both for francophones and for learners of French as a second language.

There was nothing more rewarding for me as a teacher than to observe the pride, hope and tremendous gratitude expressed by mostly anglophone parents whose children were in my classroom learning to speak French and acquiring the knowledge and skills that would enable them to participate fully in a bilingual Canadian society.

Subsequently, as a lawyer, assistant deputy minister at the Ministry of Francophone Affairs and French Language Services Commissioner, I contributed directly to the advancement of language rights in collaboration with anglophone and francophone partners across the country. These duties enabled me to navigate the country’s different language regimes and to see how heavily their harmonious coexistence depends on sustained, structured intergovernmental collaboration focused on concrete results.

They have also enabled me to develop a deep understanding of the challenges faced by minority language communities as well as the institutional levers required to address them effectively. I am committed to working in partnership with anglophone and francophone communities, governments and institutional actors to strengthen linguistic vitality across the country.

Like you, I am convinced that our official languages are at the heart of our Canadian identity, our cultural and economic sovereignty and the national unity we must preserve.

Rigorous implementation of the modernized Official Languages Act is essential to ensuring the longevity of this one‑of-a-kind language regime.

I aspire to champion a bilingual Canada, where substantive equality between our official languages is fully realized.

I hope I can count on your support and be honoured with this appointment. If I am entrusted with this responsibility, I will carry it out with integrity and dedication. I will take great pride in serving Canada and its two official languages. Thank you.

Thank you, Ms. Burke. We will now move on to questions.

Hello, Ms. Burke. We will likely be speaking often, as it appears that I am one of the Commissioner of Official Languages’ clients, given the issues I’m raising. I imagine there will be others.

One of the complaints I made was about respect for official languages in emergency communications.

Last June, the Office of the Commissioner of Official Languages published a follow-up to the recommendations made in the 2020 report titled A Matter of Respect and Safety: The Impact of Emergency Situations on Official Languages. This follow-up report notes that the Privy Council Office has still not developed a strategy to encourage and support intergovernmental collaboration to ensure effective bilingual communications in emergency situations, despite repeated concerns from the commissioner.

More than five years after these recommendations were made, and given the continued lack of progress and collaboration on the part of the Privy Council Office, what concrete measures do you intend to take to ensure they are implemented, thus ensuring this issue gets resolved?

Thank you for your question.

First, one thing that is very helpful is the fact that the law now codifies the legal obligations that apply to official languages at all times, including in emergency situations. That will be a big help to the appointed commissioner, to use the act as a road map to set a course for the commissioner and for Canada more broadly, so that services get delivered in times of crisis.

When I was the French Language Services Commissioner of Ontario, the same issue came up over the course of my duties. Indeed, emergency messages were often in English only, and I noticed at the time that such a message, one not disseminated in French, wouldn’t reach Ontario’s francophone community. This means that the Privy Council Office absolutely must plan for certain circumstances. It’s only a matter of time before emergency messages have to go out in response to some unforeseen event.

As Commissioner of Official Languages of Canada, I’d ensure that the Privy Council Office had a good plan in place to deliver services in both of Canada’s official languages in the event of an emergency. I’d rely on existing legislation to clearly show that this is an obligation prescribed by law.

I want to talk about the Privy Council Office.

In July 2024, the Commissioner of Official Languages issued a report to follow up on a complaint of non-compliance with the Official Languages Act that I had filed about the Foreign Interference Commission, the Hogue Commission.

In that report, the commissioner expressed his disappointment with the level of official languages support that the Privy Council Office provided to the commission. This was also the subject of another complaint and another report on another inquiry that had not complied with the Official Languages Act in the context of inquiries. Once again, the offender is the Privy Council Office.

What decisive action do you intend to take to encourage the Prime Minister’s Office to enforce the Official Languages Act?

The new act grants the commissioner powers that are now expanded.

The approach I used in my role as French Language Services Commissioner — and this also applies to a federal commissioner position — is that we must work closely with the offices first to try to find solutions.

The new powers will be administered in such a way as to ensure a gradual increase of powers to give organizations the opportunity to comply with the act. In this case, the Privy Council Office must comply with the act in the context of a commission of inquiry, as is the case with providing services. Federal institutions must provide these services as part of their duties.

The commissioner must address this issue using the powers granted by the act. As you know, there are now mechanisms that go beyond mere influence, which is toothless. With the new powers, the commissioner will be able to address this issue with compliance agreements, orders, and accountability mechanisms to assess whether or not the institutions are complying with the act.

My other question concerns the posting of reports. Many of the published reports of the Commissioner of Official Languages are not available on the website. I tried to look for two reports that I had filed complaints about, and neither the report of the Public Inquiry into the Public Order Emergency Commission, the POEC, nor the Hogue Commission’s Public Inquiry into Foreign Interference were available on the website. There were several others, but those were the ones that were most important to me.

Do you know why the Commissioner of Official Languages doesn’t post all reports on the institution’s website?

I don’t know why they’re not available on the office’s website. Obviously, the excellence expected of such an office would dictate that all reports, investigations and information of importance to the Canadian community should be available on the website. I don’t know why they’re not there right now.

If you notice that they’re still missing, do you intend to take the necessary steps to have them all posted on the website?

Yes.

I have two minutes, just enough time to ask about Valentine’s Day.

On Friday, your office posted an image on social media promoting the use of both official languages. This post caused quite a stir because, in the French version of the message, the expression “Ma queue et mon cœur s’emballent. . .” was interpreted as having a sexual connotation. The Office of the Commissioner of Official Languages removed the post shortly thereafter.

The controversy clearly shows that some staff working at the Office of the Commissioner of Official Languages do not fully understand French, since they missed the double entendre in the message. It appears that a ChatGPT-type translation was used.

What steps do you plan to take to ensure that the people responsible for posting messages understand the language in which they are posted?

It is very important for all departments and offices that support the commissioner’s office to be held to a standard of excellence.

In this case, I don’t know the exact circumstances, but obviously a translation like that is unacceptable, and measures must be put in place to allow employees to thoroughly review messages coming out of that office. What’s more, the commissioner should conduct a final review of what is to be published before the messages are posted. In this case, I’m not aware of the circumstances surrounding what happened.

Now that I’m up for the job, and if I’m appointed to the position, this would obviously be one of the first things I would put on the list of priorities, communications —

Thank you, Ms. Burke.

Good evening, Ms. Burke. Allow me to offer my sincere congratulations. The fact that you are here today is a major step forward for Ontario’s French-speaking community.

Thank you.

As a Franco-Ontarian, I want to acknowledge your long-standing commitment to Ontario’s francophonie, as well as the depth and breadth of your understanding of the realities of minority language communities. I have every confidence that these qualities will be valuable assets as you carry out your important responsibilities.

As you know, the Official Languages Act was modernized in 2023, marking a milestone with its historic recognition of the substantive equality of Canada’s two official languages. Naturally, you will be called upon to play a leading role in implementing this renewed act.

Another essential element of your mandate is promoting official languages, both to the general public and to federal institutions. To that end, I would like to know what your vision is for this aspect of your role, and what your priorities will be as soon as you take up your duties.

My vision is consistent with the purpose of the act. As you correctly noted, senator, substantive equality is central to that purpose.

My vision is of a truly bilingual Canada and federal public service in which people express themselves in both official languages across the country. It’s an ambitious vision, but if everyone in Canada shares the same vision, I’m positive we can make progress. Obviously, the priority is to be well informed about the issues facing official language minority communities, namely the English-speaking community in Quebec and the French-speaking community in the other provinces and territories.

In my opinion, my main duty in taking on this role, should I be appointed, is to truly understand official language minority communities. I understand the Ontario perspective well and, as you rightly said, I contributed a great deal to the francophone communities of Ontario and Canada as an assistant deputy minister, the French Language Services Commissioner and a teacher. That said, the work isn’t over. There is still much to be done. My priorities are to engage with official language minority communities, encourage organizational culture change within the federal public service and ensure that I clearly understand the challenges to achieving substantive equality.

We’re familiar with the challenges. I have plenty of experience from working in the Ontario public service, and I’m well aware of where the greatest challenges lie. They are often related to planning, leadership, resistance, linguistic insecurity and a lack of resources and oversight.

All that to say, I will focus mainly on resolving these challenges, which I believe will position us well to achieve the act’s objective, which is substantive equality across the country.

You have extensive experience, including as French Language Services Commissioner of Ontario and assistant deputy minister at the Ontario Ministry of Francophone Affairs. How will you use what you learned in those positions to benefit all official language minority communities?

These experiences taught me to navigate not only Ontario’s linguistic environment, but the country’s linguistic environment. Across the country, Canada’s language ecosystem is rich. What I can offer as Commissioner of Official Languages is the ability to bring communities from all parts of the country together.

When I was co-chairing the Minister’s Council on the Canadian Francophonie in my capacity as assistant deputy minister, one of my duties was to engage linguistic communities across the country, including those in Quebec. While fulfilling this duty, I realized that for Canada’s official languages to survive and thrive, we need to coexist and collaborate.

As French Language Services Commissioner, I was also a member of the International Association of Language Commissioners. I had the opportunity to work not only with commissioners from around the world, but with several commissioners here in Canada, including those from the Northwest Territories, Nunavut and New Brunswick. This experience gave me a solid understanding of the Canadian dynamic, which is very similar to Ontario’s dynamic. Considering the large number of francophones in Ontario, our voice carries a lot of weight across the country for other official language minority communities.

Ms. Burke, you still have 90 seconds.

First of all, I had a great experience at the La Citadelle Catholic High School. It really set me up well for my career. In fact, I would like to commend the teachers at that school for their dedication.

I would say that they taught us not only why we should respect official languages, but also how to use those languages to position ourselves professionally.

I was very into sports in high school. I heard what Senator McBean said earlier. The school instilled in us a very competitive approach to life, including when it comes to official languages. We also learned to try to bring about major changes in society, since there are challenges in this area.

I’m not telling you anything that you don’t already know. However, I am prepared to face these challenges with confidence, and I want to fight for a fully bilingual Canada in accordance with the Official Languages Act.

Second, with regard to Indigenous languages, I would say that they are an integral part of Canada’s linguistic ecosystem. As I said earlier, I have had the privilege of working with colleagues from across the country who had the mandate to protect not only English and French, but also nine Indigenous languages in western Canada and three in Nunavut. It would be a privilege for me to work with the current Commissioner of Indigenous Languages and to share best practices with him. That is exactly what I did with my commissioner colleagues across the country when I was the commissioner in Ontario.

Thank you, Ms. Burke.

Ms. Burke, I’m from Chéticamp, Nova Scotia. You say that you met with language commissioners from across the country, but Nova Scotia doesn’t have one.

I commend you for applying for this position. It is a credit to Ontario and to the entire francophone community.

Francophone minority communities, particularly in Acadia and elsewhere in the country, continue to face significant challenges when it comes to accessing services in French. If you are appointed to this position, what concrete role will you be able to play in strengthening the vitality of our minority communities?

The road map is in the act itself. Parliament has spoken on the issue of official languages in this country, and we now have the act to guide us toward that substantive equality. As commissioner, I will remain very faithful to the act, which contains some superb provisions that will make a real difference, especially on the legal side.

I bring a very legal perspective that has served me well in my roles in Ontario. You’re asking me how I would make a difference for official language minority communities if I’m appointed to this position. My answer is that I will look to the basic principles of the act and the expanded powers it confers. The goal is a broad and liberal interpretation of substantive equality. The act applies at all times, even in emergencies. These basic principles will be very helpful in shaping enforcement going forward.

You hit a raw nerve on the legal side. You say that you’ll be able to strengthen the RCMP’s role. For years, when I was practising law in Chéticamp and elsewhere in Cape Breton, the RCMP offered us no services in French. Even francophone members of the RCMP were unaware that they had linguistic obligations to minority communities. The RCMP in Chéticamp can’t fill the bilingual positions it advertises. It’s always been a challenge to staff bilingual positions with bilingual people. What are you going to do to improve this service in the RCMP and in all federal departments that deal with francophone minority communities?

One of the biggest challenges I have dealt with is the shortage of French-speaking workers. Whenever I made statements as assistant deputy minister and as the French Language Services Commissioner, I emphasized the need to address the issue of the French-speaking workforce. We must encourage more and more young people to continue their education not only through high school, but beyond, so that educated individuals in our society can fill these gaps and tackle the labour shortage issue.

Ultimately, these positions have to be filled. If there are no French speakers available to fill them, the natural reaction is to choose someone who speaks English and can learn French once they have the job. I think we need to encourage young people to continue their education in French well beyond high school.

Education is an important part of this, but another aspect is organizational culture, which must evolve. One of the biggest challenges we face with federal institutions is bringing about change, because the culture is so deeply rooted. This poses difficulties in terms of job postings, interviews, and the need to fill these positions with French speakers or bilingual individuals.

Thank you.

Thank you. Good evening, Ms. Burke. I come from New Brunswick, the only officially bilingual province in Canada. I am going to be asking questions on behalf of Senator Patterson.

The modernized Official Languages Act adopted through Bill C-13 explicitly recognizes the existence of provincial language regimes, including Quebec’s Charter of the French language. The act recognizes asymmetry in Canada’s linguistic landscape, particularly the distinct situation of French in Quebec and its minority status in North America. While the act affirms the importance of protecting and promoting French, including in Quebec, it simultaneously confirms that the English-speaking community of Quebec remains a rights-bearing official language minority community.

The Government of Canada remains accountable for how its funding objectives and governance decisions affect official language minority communities, even where programs are delivered by provinces under their own language laws. The modernized Official Languages Act makes clear that federal language obligations travel with federal power. They do not stop at provincial boundaries and cannot be delegated away.

The objectives of the act depend on discipline, implementation, effective oversight and the federal government’s willingness to manage and reconcile competing language objectives openly, deliberately and in good faith.

How will you, as commissioner, ensure that the act delivers real, measurable outcomes for the English-speaking community of Quebec?

I would like to start by saying that we must recognize that Quebec has a language richness that is at the heart of the language debate across the country, and that richness is both anglophone and francophone. The anglophones of Quebec in a minority community are comprised of the largest percentage of a minority community situation for English-speaking people in the country.

The key objective of the act is to ensure that there is a linguistic duality, and that includes rights for both francophones and anglophones. We have to protect the rights of all communities across the country, particularly for those who feel slighted by language laws, provincial or municipal, that prevent them from exercising their language rights.

The responsibility of the commissioner is to ensure that the act is implemented in a way that sees the rights of both anglophone and francophone communities respected.

What I intend to do if I become commissioner is to ensure that I understand the challenges that are being faced by minority communities. With respect to the anglophones in Quebec, we know there are some serious issues around the ability to feel connected to the community. Identity and more and more socio‑economic issues that are surfacing in the anglophone community are issues that are very comparable to — if not the same as — the challenges faced by francophone communities in minority situations across the country.

My undertaking is to ensure that I fully understand the perspective of anglophones in Quebec. I bring an Ontario perspective to this. I bring a legal mindset as well, and I plan to look at the law in a way that would afford equality for everyone under the act, while being very pragmatic along the way.

Would you be prepared to publish clear performance indicators to assess the compliance of federal institutions, and to name those that are slow to meet their obligations, if you’re confirmed in your position?

That is indeed the aim of the new version of the act. Performance measurement is built into not only the act, but the regulations associated with the act. Performance indicators, better oversight and accountability mechanisms are needed. Yes, we need data that shows when progress is being made because the act is fulfilling its mission, which is to ensure better compliance with the act.

Welcome and congratulations on your appointment, which will hopefully be confirmed, given your background, which our colleague highlighted.

You will be taking office at a pivotal moment for Canadian bilingualism, at a time when the country’s linguistic duality is facing significant structural challenges. Of these, two issues really stand out.

First of all, we are seeing a worrisome decline in the French language in Canada, including in Quebec, in terms of both the proportion of speakers and the use of French in public institutions. In this context, do you believe that the modernized version of the Official Languages Act is a sufficiently robust tool to halt this decline and strengthen the position of French? If so, how does your office intend to maximize its impact?

The decline is a concern across the country. The data from the 2021 census shows that there are also issues in Quebec. Communities need to be further encouraged to exercise their language rights, which could help stop the erosion of French across Canada.

What I’m seeing, however, is that the bilingualism rate has remained stable at 18% across the country. Although we would like to see it increase further, this is proof that progress can be made, thanks to immersion programs that continue to expand across the country. In Ontario, we have immersion programs that serve as a model for other provinces and territories, which also have immersion programs that partially address the issue of the decline of French.

Francophone immigration will help greatly. However, we know that newcomers to Canada do not necessarily follow a path that enables them to live and thrive in French. We must therefore encourage them with an education system, a legal system and an employment system that will enable them to work in French, but above all to live and thrive in French in their communities. This will help partially address the issue of the decline of French, among other things.

I didn’t catch the second part of the question. Could you repeat that?

How will your office maximize the impact of strengthening bilingualism in our country and prevent the decline of French?

We’ll have to spend more time on the ground to identify gaps. I aim for excellence in our offices, and we really need to be present on the ground, not only so we can be aware of what’s really happening, but also so we can listen to people and develop solutions to make communities even richer.

One important question we must constantly ask ourselves is this: Are there supports in place that enable communities to thrive? That’s where the Official Languages Act makes it possible to provide better services that will go some way toward addressing issues. I will have to work with the office to interpret the act in a way that enables communities to make significant progress.

The federal government is increasingly integrating artificial intelligence systems into the delivery of language services to citizens. How do you intend to ensure that these technologies fully comply with the obligations set out in the Official Languages Act? In addition, will your organization have or does it currently have the human and financial resources needed to effectively oversee this transition?

Senator Gerba, your time has expired.

Good evening and welcome to the Senate, commissioner. I would like to take you a little further away from the legal realm. I would like to know how concerned you are, or not, about the decline or growth of francophone minorities in Canada.

This morning, a French teacher wrote in La Presse that teenagers spend so much time reading content and watching videos in English on social media that it is threatening the French language, because language acquisition is correlated with practising it. This poses a danger for francophones in Quebec, of course, but isn’t it even worse for francophone minority communities? You spoke a lot about services, laws and schools, but here we are talking about an incredibly powerful medium, the internet, which is literally wiping out French in some cases.

Indeed, the digital realm is now an important issue when it comes to maintaining French, including the issue of AI, which generally provides service in English. The active offer in the digital realm as in AI is mainly in English.

That’s a real concern. I don’t have all the answers to the questions. That’s something new for the vast majority of us. The fact that this technology is entering society so quickly is a major issue that needs to be addressed now. Ideally, we need to take stock of the situation to understand its scope and advise governments on national programs that might respond to or at least assess this technology’s impact.

As commissioner, you don’t necessarily have the tools to intervene in this area, which poses the biggest threat to French for minority francophones.

Indeed, technology can help us. In my previous role, I saw that it can deliver services in both French and English. Equivalence is an issue on some websites, and this has been a big help in determining whether we would have a skilled workforce to offer this service in all departments.

People are less likely to come ask questions in person; they ask them through technology instead. This technology, often available in both official languages, allows us to meet the needs of both English-speaking and French-speaking communities while providing a very high quality of service.

On the one hand, there are challenges; on the other, technology can help us. It is a matter of finding the right balance.

Thank you.

Welcome, Ms. Burke. Several studies and testimonials indicate that some francophone employees, including those in the federal public service, are reluctant to use French in their daily work, which can undermine efficiency, clarity of communication and compliance with internal policies. Do you see this situation as a gap between the principles set out by the government and the operational reality of its institutions? Furthermore, what concrete role can the Office of the Commissioner of Official Languages play to ensure that existing rules are applied consistently, without adding to the administrative burden?

The issue of bilingualism in the federal public service is addressed in part in the act. It aims not only to strengthen services provided by federal institutions, but also bilingualism within the federal public service. It is the responsibility of federal government leaders to ensure that language rights in the workplace are respected.

This ties in with my earlier point that we need a change in organizational culture, and that those responsible for implementing the act must also be held accountable. This can be achieved through annual reviews of the activities carried out in these offices, as well as the progress made.

I do see that work remains to be done by the Treasury Board and Canadian Heritage to ensure that the policies and measures put in place by these organizations to protect language rights in the workplace are properly respected. They must ensure they have the necessary tools to conduct a self-assessment to determine whether they are meeting their language obligations and providing their employees with the opportunity to work in the language of their choice.

I welcome the fact that, under the act, deputy ministers must take training if they don’t have a sufficient level of proficiency to communicate in French. That’s a good start. As for assistant deputy ministers and senior management, again, there are directives within the public service that apply to them as well. First of all, as soon as they take up their position, it is a priority for them to have these language skills. However, once they are in the position, I strongly encourage continuing education so that they are well equipped and so that employees can also exercise their rights by continuing to learn both official languages.

Ms. Burke, thank you for joining us.

For nearly a decade, the federal government has made repeated announcements and devised strategies on francophone immigration outside Quebec, while admitting that the demographic weight of francophones keeps declining. In your opinion, is this a realistic, objective problem or an implementation and monitoring problem on the part of the federal government?

I don’t know the details or the reasoning behind what has been said about the data. I realize that francophone immigration alone cannot resolve this decline in Canada. However, newcomers must be able to follow a path that allows them to keep living and thriving in French. More importantly, however, language learning and employment opportunities must be available.

I don’t know if I’ve fully answered your question. Lastly, we have to focus on integrating newcomers into Canada in order to stop the erosion of our francophonie across the country.

Thank you for your answer.

You mentioned newcomers. There are many neighbourhoods in Canada, particularly in urban areas such as Montreal, Toronto and Vancouver, where it is a struggle to find Canadian citizens who speak one of the two official languages. They don’t speak English or French. I would like to hear your thoughts on that. What can we do to resolve this problem? What role should the Commissioner of Official Languages play in resolving this problem that we’re currently seeing in several Canadian cities?

The commissioner’s role stems from the Official Languages Act. Their mandate relates specifically to Canada’s two official languages: English and French.

That said, we also need to recognize that Canada is incredibly diverse. We need to promote harmony between our languages and cultures. I think that our Indigenous languages need to be protected in this ecosystem that is rapidly evolving, particularly from a linguistic point of view. The Commissioner of Official Languages must work closely with the Commissioner of Indigenous Languages. That said, French and English remain the Official Languages Commissioner’s priority.

As for other languages, we absolutely need to welcome them. They are part of who we are. However, the language rights arising from the Official Languages Act are limited to English and French. If I’m appointed commissioner, that is what I will focus on in the coming years.

Thank you for that answer. If we want harmony in this country, we need to focus on the two official languages. People can’t communicate in 55 different languages. Even two languages is a big challenge.

I have another question.

Quebec’s recent Bill 96 has introduced significant changes to the application of language laws in the province. Some observers have raised the concern that certain provisions could have the effect of limiting the rights of the English-speaking minority in Quebec, particularly with regard to accessing government services and education.

How should the federal Commissioner of Official Languages engage with situations like this, where provincial legislation may affect the rights of a minority-language community, both francophone minorities in various regions of the country and the anglophone minority in Quebec? Within your mandate, what tools or approaches can the commissioner use to ensure that the rights of minority-language communities are protected and promoted, while fundamentally respecting provincial jurisdiction?

It is a very important question that has arisen in Quebec. We need to ensure that all communities across the country have equal rights as far as language is concerned. That said, yes, Bill 96 has an added dimension that we have to pay attention to with regard to how it impacts on the rights of the anglophone community in Quebec.

In these kinds of situations, my approach has always been to be collaborative and to have a respectful way of addressing issues where there could be an infringement between the provincial laws and the federal law that the commissioner would be responsible for in Quebec.

I say “law;” there will be a second one with the private enterprises that are under federal charter.

I see that, yes, there is a crossover between jurisdictional issues that will need to be addressed. As commissioner, I will have to focus on those that fall within my mandate and, again, look to the law as a map of the powers that I have to address the situation, clearly informing people of what impact laws have on the rights of the anglophone community where the francophone law applies.

Impact is very important to me. What impact does the law have? What consequences flow from people not being able to receive services?

You spoke about education. It is a critical piece of the puzzle, particularly because educational rights are enshrined in the Charter in the Constitution of Canada. We have to ensure that anglophones in Quebec have access to the educational rights that the Constitution affords them, as others have in other languages across the country.

Thank you, Ms. Burke.

Good evening.

You referred to the act a number of times this evening. I imagine you know that a few regulations are still not in force. Two regulations were introduced in Parliament before the holidays. Two of our committees and the House are studying these two regulations right now. You may be the first Commissioner of Official Languages to have an administrative monetary penalty tool.

Do you think the regulations go far enough to ensure better compliance and effective implementation of the act?

It’s a bit too early for me to comment at length on the matter, but I can answer to some extent. Administrative monetary penalties are a last resort, a final approach to ensuring compliance. Part IX and the related administrative monetary penalties regulations are on track for approval and implementation in the near future. I see these regulations as an approach that affects a very limited sector, namely transportation. As a result, because of the way the regulations are currently worded, there is a rather cumbersome process that will have to be followed if sanctions are ever successfully imposed.

In my view, the regulations will be as robust as the future commissioner wants them to be, depending on their interpretation. It will be an additional tool in the commissioner’s tool box in exceptional cases. Does that answer your question?

I was also asking about Part VII.

The Part VII regulations can also be as robust as the future commissioner wants them to be. I see opportunities here. They can’t be interpreted in a way that makes the act meaningless. They must be interpreted in a way that helps meet the objective of the act, which is substantive equality. These regulations will have a lot to say about positive measures. We will see how positive measures will be implemented to ensure respect for all of the Part VII commitments, promote French, enhance the vitality of official language minority communities and support lifelong learning.

We will see how all of this plays out, but as commissioner, I plan to be very active on this file.

Thank you. I have a quick question about the Action Plan for Official Languages, which we haven’t talked much about this evening. The former commissioner was concerned about the implementation of the action plan. You are well aware of the challenges facing minority communities. How will you deal with the challenges related to the implementation of the Action Plan for Official Languages 2023-2028?

The action plan allocates significant funds to strengthening bilingualism in Canada. We need to see whether meaningful results are being achieved with that funding, whether there is sufficient accountability on the part of those who are distributing the funds and whether the results indicate that progress is being made with that funding.

The commissioner’s role will be to oversee the implementation of the action plan and the implementation of the act and its regulations. If I become commissioner, I will have powers that will enable me to conduct more in-depth investigations into how the funding is being used to help the communities, including the community associations and organizations that are receiving funding to support official language minority communities across the country. These community organizations are vulnerable.

Thank you, Ms. Burke.

Welcome, Ms. Burke. Thank you for agreeing to answer our questions this evening.

My pleasure.

I want to continue discussing the new act, which grants the commissioner considerably expanded powers, such as the power to issue orders, enter into compliance agreements and impose administrative monetary penalties. It’s true that some people are waiting for the regulations, but in the meantime, the commissioner has important tools at their disposal, particularly with regard to proposing mediation and entering into compliance agreements with federal institutions. These compliance agreements are legally binding under section 64.1. I would like to hear your views on the proposals that will be included in the regulations and the powers you can use under the act.

Can you give us specific examples of situations where you would use the compliance agreements provided for in the new act to strengthen the use of French, as opposed to traditional recommendations? How would you determine afterwards whether your efforts were successful?

First of all, I welcome compliance agreements, because they allow the parties themselves to determine how they will comply with the law.

I see a lot of potential for using them to address systemic issues, where the same complaints come up year after year.

According to the outgoing commissioner’s annual report, 66% of the cases handled by the Office of the Commissioner of Official Languages were related to government services and communications, and 22% were related to language of work — twice as many as 10 years ago.

In these circumstances, compliance agreements are an opportunity to address the causes of systemic issues and to incorporate ways to overcome the obstacles that organizations face.

Based on my experience in this area, I have identified some of the causes of these problems, including a lack of planning. Will compliance agreements ensure better planning and leadership? How can we overcome obstacles related to resistance and linguistic insecurity? As the commissioner pointed out, and as I myself have observed, it is essential to consider ongoing training within the federal government. This could be done within the framework of compliance agreements.

To ensure that the compliance agreements are adhered to, we’ll need to measure performance, and we’ll need to decide how organizations can meet their commitments under the agreements. Generally speaking, what’s needed is better accountability and reporting on activities, as well as sharing of the results of these activities. That’s what I did in Ontario: I emphasized the importance of these issues not only in the here and now, but for the future and for generations to come.

Monitoring is very important. The commissioner’s role is to monitor the enforcement of the act, and that’s what I intend to do if I’m appointed to this position.

The Office of the Commissioner of Official Languages is itself bound by the Official Languages Act. How do you think the Office of the Commissioner of Official Languages could embody excellence in official languages?

Honourable senators, the committee has been sitting for 65 minutes. In conformity with the order of the Senate, I am obliged to interrupt proceedings so that the committee can report to the Senate.

Ms. Burke, on behalf of all senators, thank you for joining us today.

Hon. Senators: Hear, hear!

The Chair: Honourable senators, is it agreed that the committee rise and I report to the Senate that the witness has been heard?

Hon. Senators: Agreed.

Honourable senators, the sitting of the Senate is resumed.