QUESTION PERIOD — Canadian Heritage
English-Speaking Linguistic Minority in Quebec
June 16, 2022
Honourable senators, my question is for the Government Representative in the Senate.
Senator Gold, the federal government’s silence on Bill 96 in Quebec is deafening. The business community in Quebec strongly believes in protecting the French language and ensuring its vitality, but they are concerned. They feel the bill goes way too far.
What will the federal government do about Bill 96? When will they start defending the rights of one of the largest linguistic minorities in Canada?
Thank you for your question, Montrealer to Montrealer.
The government is committed to protecting and defending the rights of official language minority communities across the country, including English-speaking Quebecers. The Prime Minister has been very clear about his respect for the jurisdiction of provinces in these matters and, at the same time, his serious concerns about the way in which legislation is drafted and, indeed, protected against constitutional challenge. I have every confidence that the government will do the right thing.
I would like to highlight that, within federal jurisdiction, the reforms proposed in Bill C-13, which is in the other house, maintain the rights and protections afforded to Quebec’s English-speaking minority.
The government will continue to support the community and their organizations financially. The government will continue to protect the Court Challenges Program to help the community defend their rights in front of the courts, and will continue to help the community strengthen its institutions to maintain and preserve the vitality of our community.
Thank you for your response.
The Prime Minister has said that he has concerns, but hasn’t spoken publicly against the bill or taken a position on the matter.
As a constitutional lawyer and expert, don’t you feel the “notwithstanding” clause should be the last word used and not the first? Isn’t this setting a dangerous precedent in Canada for minorities and their rights across Canada?
In Quebec, the business community has expressed concern. Just the other day, the technology companies sent a letter to the premier expressing concern over retaining and attracting top talent. Many have large import and export markets.
This is a serious concern for the business community, and it’s a serious concern for minority rights in Canada. I think the government should take a stronger position.
Thank you. As Government Representative in the Senate, I’m pleased to answer this. We are all many things. I’m a constitutional lawyer and an English-speaking Quebecer, but I’m answering as the Government Representative.
With regard to the use of the “notwithstanding” clause, clearly the clause is legal. But its consequences, of course, are serious: It suspends the rights and freedoms guaranteed by both the Quebec Charter — in the case of a Bill 96 invocation — and, of course, the Canadian Charter of Rights and Freedoms.
The government is of the view that if a government chooses to use a remedy of this magnitude it must set out and defend the exceptional circumstances that justify the limitation or suspension, indeed, of these fundamental protections.
The government is particularly concerned when governments use the “notwithstanding” clause in a pre-emptive manner, which is the case with regard to Bill 96, before the debate has begun and before the courts have ruled on the scope of the restriction. The Government of Canada has been clear in that regard.
