Substantive Equality of Canada’s Official Languages Bill

Moved third reading of 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.

He said: Honourable senators, Canada was founded on a land that has been inhabited by Indigenous peoples since time immemorial. Full recognition of this reality, of the impacts of colonization, and of the importance of working towards reconciliation is essential to building the Canada of today and tomorrow.

I also want to recognize that the lands on which we are gathered and from which I am speaking to you is part of the unceded traditional territory of the Algonquin Anishinaabe people.

I am pleased and excited to rise today at third reading of 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.

As the sponsor of the bill and Chair of the Standing Senate Committee on Official Languages, I want to begin by sharing two quotations with the chamber.

The first comes from the Quebec photographer Martin Paquette. This artist and adventurer said, and I quote:

Success is like climbing a mountain, you have to work as a team, face obstacles and bad weather, but no matter what, we always reach the top.

The second is a Tibetan proverb that fits in well with Martin Paquette’s quote. It says, “When you have reached the top of the mountain, keep climbing.” To that, I would add that our work is never done.

Colleagues, the comprehensive review to modernize the Official Languages Act that began many years ago has reached a critical point today.

There will always be work to be done when it comes to language rights and the protection of minorities, but the bill we have before us marks a very important step toward the full recognition of language rights in Canada.

First, I want to recognize the incredible work that has been done on this file over the past few years by the parliamentary committees, including the Standing Senate Committee on Official Languages, and by all of the civil society organizations and individuals who put so much time, energy and resources into helping us get to where we are today.

We need look no further than the hundreds of witnesses we heard from over the past few years, the many briefs submitted, the reports published and the recommendations issued.

The modernization proposals received and reviewed by the Senate since 2017 were varied and the subject of rigorous debate.

Bill C-13, an act for the substantive equality of Canada’s official languages, is of concern to Canadian society as a whole, because the process of modernizing the Official Languages Act is more urgent than ever, particularly if we take into account the following realities: The last major overhaul of this law dates back to 1988; the new demographic, institutional and technological context requires that this quasi-constitutional law be modernized to adapt it to the new realities; and the decline of French is evident throughout the country, including Quebec. I should also mention the declining demographic weight of francophones outside Quebec, the need for greater protection of minority language communities and greater support for bilingualism, as well as the recurring problems of compliance with the law on the part of federal institutions. These are all factors that call for this law to be modernized.

It is in this context that the reform document released by the government in February 2021, which set out the broad guidelines for modernizing the Official Languages Act, resulted in the introduction of Bill C-32 in June 2021. This bill died on the Order Paper, but it did lead to Bill C-13.

We are now at third reading of Bill C-13, which is largely a modified version of Bill C-32, thanks to the important work done by the members of all the parties at the other place, and also thanks to your work, honourable colleagues.

We need to acknowledge that the pre-study done by the Standing Senate Committee on Official Languages between May and November 2022 certainly helped improve the bill.

The version of Bill C-13 before you is the fruit of hundreds of amendments presented, debated, rejected and adopted. It is the culmination of compromise and negotiations, not only between the political parties, but also between the governments, as signified by the agreement concluded between the federal government and the Government of Quebec.

The bill carefully reconciles the needs, interests and aspirations of Canadians, whether they belong to official linguistic majorities or official language minority communities. Nonetheless, concerns remain about Bill C-13, some of which were heard by the Senate Standing Committee on Official Languages during its recent deliberations.

As you know, on June 1, 2023, your committee received an order to examine Bill C-13. Since your committee reported on the subject matter of this bill on November 17, 2022, the House of Commons has made more than 60 amendments. Your committee applauds the work done in the other place to improve Bill C-13 and bring it more in line with stakeholders’ expectations.

That said, in the two meetings devoted to the study of Bill C-13, your committee was privileged to hear from the Minister of Official Languages and the President of the Treasury Board and their staff, the Commissioner of Official Languages, three experts and the two main civil organizations representing English-speaking minorities of Quebec and French-speaking communities outside Quebec.

Although your committee did not propose amendments, it respectfully submitted eight important observations that I will discuss later in this speech. But first, let me present some of the bill’s key positive measures.

I will start with the complete overhaul of Part VII of the Official Languages Act, which seeks to enhance the vitality of English and French linguistic minority communities in Canada and support and assist their development, and to foster the full recognition and use of both English and French in Canadian society.

With Bill C-13, the obligations of federal institutions will now be subject to several new provisions, including an enhanced framework for positive measures to be taken by federal institutions.

Bill C-13 also sets out the obligation to adopt a policy on francophone immigration seeking, in particular, to restore and increase the demographic weight of francophone minorities in Canada. That is a major step forward.

Bill C-13 will also strengthen the federal government’s commitment to advance opportunities to pursue learning of equivalent quality in the language of the minority throughout the continuum of education, from day care to post-secondary schooling. It will also support the creation and dissemination of scientific information in French, foster an acceptance and appreciation of both French and English by the public, and promote the bilingual character of Canada at home and abroad.

Bill C-13 also proposes fundamental changes to Part VII, including obligations for two new ministers, the Minister of Foreign Affairs and the Minister of Immigration, Refugees and Citizenship.

The promotion of French in the country, as well as the vitality of minority communities, will benefit from this important legislative lever at their disposal.

What is more, with regard to language clauses, Bill C-13 now requires federal institutions to take the necessary measures to promote the inclusion of such clauses in agreements with the provincial and territorial governments. This will help advance the equality of French and English in Canadian society and support official language minority communities.

This approach, colleagues, is therefore based on cooperation and negotiation between the federal government, provinces and territories, with the intention of respecting the jurisdiction and powers of the provinces and territories.

Following Royal Assent, Bill C-13 will extend the Treasury Board’s power to assess and monitor the compliance of federal institutions with the obligation to take necessary measures to promote the inclusion of language clauses. The bill will also extend the power of the Commissioner of Official Languages to issue orders from Parts IV and V and to certain key provisions in Part VII related to the process of taking positive measures.

In a similar vein, with regard to the vitality of linguistic minority communities, there is another key measure in Bill C-13. Specifically, it sets out the federal government’s obligation to estimate the number of rights-holders under section 23 of the Canadian Charter of Rights and Freedoms.

For years now, stakeholders have deplored the lack of data to fully enumerate these rights-holders who are entitled to education in the minority language. Properly estimating the number of rights-holders will help provincial and territorial governments, school boards and communities plan their education programs.

Thanks to this new legislative provision, the government will be able to use the necessary tools, including the census, to estimate the number of rights-holders. While respecting provincial and territorial jurisdictions, the government can work with the provinces, territories and school boards to get a more accurate picture of the number of rights-holders.

The various methods, instruments and sources of data collection will need to evolve in the future. However, one thing is clear. This new commitment, enshrined in the modernized Official Languages Act, will guarantee practical action to ensure the vitality of official language minority communities. It also sends a clear message about the Government of Canada’s commitment to education in the minority language.

I cannot talk about Part VII of the Official Languages Act without reminding senators of the role it plays for English‑speaking communities in Quebec. The Official Languages Act sets out the federal government’s commitment to promote both French and English in Canada. It also sets out a commitment to support the vitality of official language minority communities, meaning francophone communities outside Quebec and anglophone communities in Quebec.

Here’s how Bill C-13 will support the country’s English‑speaking community in Quebec. Bill C-13 contains many measures that will benefit English-speaking Quebec and its protection and development as an official language minority community.

We heard many representatives of the English-speaking community express their concerns about their linguistic rights, the effect of Bill C-13 on their communities in Quebec and asymmetry. We heard about their fear that the bill drives a wedge between English- and French-speaking communities and of the lack of adequate job opportunities.

Nevertheless, colleagues, the following examples should attest that the English-speaking community in Quebec would be better off with Bill C-13 rather than without it.

First, there is a recognition in the preamble, including in section 41 of the act, which highlights the uniqueness and diversity of the French and English linguistic minority communities and their contributions to Canadian society. These provisions will recognize the specificity and diversity of those communities, a socio-demographic reality that was not clearly reflected in the act of 1988. These changes constitute a recognition of the important and historical contribution of Canada’s English and French linguistic minority communities.

Bill C-13 will give English-speaking communities in Quebec resources to support education in the language of the minority, English, and to support learning French as a second language.

From what I understand, these communities will be just as eligible for official languages support programs as francophone communities. The government will support projects specific to their communities to respond to their priorities in various areas that are essential to their development.

Thus, Bill C-13 recognizes, both in the preamble and in Part VII, the importance of supporting sectors that are essential to enhancing the vitality of English and French linguistic minority communities, such as culture, education — from early childhood to post-secondary schooling — health, justice, employment and immigration, and to protect and promote the presence of strong institutions serving those communities.

The bill also proposes concrete action to support these key sectors, such as establishing a new Government of Canada commitment to advance opportunities for English and French minority communities to pursue quality learning in their own language throughout their lives.

Among the measures the Minister of Canadian Heritage can take to advance the equality of status and use of our two official languages, note, for example, providing funding for the administration of an independent program that supports test cases in the area of linguistic rights as well as the right to be treated equally before the law guaranteed by the Constitution of Canada.

Among other things, these measures should be taken to enhance the vitality of official language minority communities, including English-speaking communities in Quebec. They must also respect:

. . . the necessity of considering the specific needs of each of the two official language communities of Canada, taking into account the equal importance of the two communities . . . .

These additions leave no doubt as to the equal importance of both official language minority communities.

More specifically, the bill strengthens and clarifies federal institutions’ obligations with respect to the taking of positive measures, which is a critical obligation to ensure the development and protection of official language minority communities everywhere in Canada, including the English‑speaking communities of Quebec.

It also provides additional clarifications with respect to what is expected of federal institutions in taking positive measures — that they be based on analyses that can, in turn, be based on the results of dialogue and consultation activities. These new obligations regarding dialogue and consultation activities are now explicitly stated in Bill C-13, which will ensure that federal institutions meet a certain threshold when taking positive measures while considering the needs of official language minority communities.

Institutions must also establish evaluation and monitoring mechanisms in relation to the positive measures taken. Bill C-13 ensures that federal institutions will continue to provide service in both official languages.

As we heard from some of the experts who testified during the recent committee study, reference to Quebec’s Charter of the French Language does not take any rights away from Quebec’s English-speaking communities. Bill C-13 simply recognizes the existence of a provincial law.

In response to a question put to her on this subject, lawyer Janice Naymark stated before the committee that there was no “incorporation by reference” with this mention.

In fact, here is what a Department of Justice lawyer, Warren Newman, had to say when he appeared before the Official Languages Committee in the other place, and I quote:

I don’t see that federal services from federal institutions would be in any way compromised by the mere mention of the fact that the Charter of the French Language and other linguistic regimes are matters that the government recognizes as part of the overall context.

Given that Mr. Newman was involved in developing the legislative proposals when the Official Languages Act was first modernized in 1988, his insights on this matter are much appreciated.

We also heard in committee that Bill C-13 will not undermine the rights of English-speaking Quebecers. Michel Doucet, a lawyer and official languages specialist, stated the following before the committee, and I quote:

Sections 16 to 20 and 23 of the Charter will continue to apply and will recognize the constitutional rights of English Quebecers. These rights cannot be taken away from them. Section 133 will also stand. The language rights conferred by the Constitution remain, despite the reference to Bill 96 in the federal act.

Mr. Doucet also specified that section 133, which provides constitutional guarantees for the use of French and English in the debates of Parliament and the National Assembly of Quebec, already created a linguistic asymmetry when Canada was established in 1867.

Section 133 recognized the rights of anglophones in Quebec, although francophones in other provinces did not have those same rights. The asymmetry with respect to language rights is therefore not without precedent.

That said, in the observations in its third report, the committee noted that the Minister of Official Languages, the President of the Treasury Board and the Commissioner of Official Languages promised to closely monitor the impact of Bill C-13.

Your committee believes that they will have to pay close attention to developments affecting Quebec’s English-speaking communities and report regularly on the impact of Bill C-13 across Canada, without waiting for the review in 10 years provided by the law.

I now want to address another important topic that the senate committee considered during its deliberations, namely Indigenous languages.

We were informed that as part of the process to modernize the Official Languages Act, the chiefs of the Assembly of First Nations, of the Inuit Tapiriit Kanatami and of the Métis National Council met with Minister Joly to discuss the government’s approach to official languages. What is more, Indigenous groups participated in the 2019 consultations on the modernization of the Official Languages Act.

In studying Bill C-13, the committee also learned that the Minister of Official Languages, Ginette Petitpas Taylor, met with the Commissioner of Indigenous Languages and with northern Indigenous leaders.

Colleagues, Indigenous languages are an integral part of the cultures and identities of Canadian society. The revitalization and strengthening of Indigenous languages and the reform of official languages must be conducted at the same time.

The modernized Official Languages Act recognizes that nothing should stand in the way of the maintenance and enhancement of languages other than French or English or in the way of the reappropriation, revitalization and strengthening of Indigenous languages.

The Official Languages Act and the new statute respecting the use of French in federally regulated private businesses must not undermine the support and promotion of Indigenous languages, in keeping with the Indigenous Languages Act, which actually needs more teeth to protect and improve the situation of Indigenous languages in this country.

As we heard in committee, the Official Languages Act and the Indigenous Languages Act are two complementary pieces of legislation that seek to revitalize and ensure the vitality of these languages and communities.

Indeed, although every piece of legislation needs to be given its own scope, Mr. Newman confirmed to the committee that these laws relating to identity must be interpreted together, harmoniously.

We also heard in committee that Bill C-13 is entirely consistent with the spirit of the United Nations Declaration on the Rights of Indigenous Peoples and that the federal government is making every effort to take into account the use of Indigenous languages in the federal public service.

For example, we heard that the government has developed a new framework for language training that is more inclusive than the training that currently exists, to ensure that training is tailored to all equity-seeking groups, including Indigenous employees.

In its third report, the committee made some observations regarding Indigenous languages that could serve as a road map for the federal government and Parliament in the coming years. I want to acknowledge the leadership and work of my colleagues, senators Michèle Audette and Bernadette Clement, and thank them for the work that they did and presented to the committee.

Honourable senators, here is a relevant excerpt from the report tabled in the Senate. It states the following, and I quote:

Indigenous languages are recognized in the Indigenous Languages Act and for the first time; they are also acknowledged in these proposed changes to the OLA. This is a small step in furthering reconciliation.

In the spirit of reconciliation and out of respect for the rights of Indigenous people to governance and self-determination, we expect the federal government to meet the obligations set out in the Indigenous Languages Act.

In an article published by the Commissioner of Official Languages on the occasion of the fiftieth anniversary of the Official Languages Act, which is just as relevant to this debate, he stated, and I quote:

Indigenous languages are an important part of Canada’s cultural landscape. In the spirit of reconciliation and in accordance with the fundamental values that unite them, all Canadians can support their country’s first languages and their country’s official languages.

Colleagues, we must all support Indigenous languages and official languages by using the federal legislative tools at our disposal to achieve the desired progress. I am talking about the Official Languages Act for the country’s two official languages and the Indigenous Languages Act for first languages.

Your committee supports the assertion that Indigenous peoples in Canada, with their unique experiences and histories, expect the Government of Canada to fulfill its commitments to them as set out and adopted in the United Nations Declaration on the Rights of Indigenous Peoples Act, in the Calls to Action of the Truth and Reconciliation Commission of Canada, in the Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls, and in the Indigenous Languages Act.

Your committee notes that, in the absence of substantial reform of the legal regime governing Indigenous languages, Indigenous peoples have little recourse or means to work towards the reclamation, revitalization and strengthening of Indigenous languages.

Your committee believes it is important to recognize the languages of the First Nations, Métis and Inuit as the first languages of this land, as stated in the Indigenous Languages Act.

Your committee also notes that the Indigenous Languages Act requires the minister responsible to conduct an independent review of the administration and operation of the Act within five years of its coming into force, and every five years after that.

In the spirit of reconciliation and decolonization, your committee expects the federal government to meet its obligations and even exceed minimum legal expectations in respecting the governance and self-determination rights of Canada’s Indigenous peoples.

Bill C-13 also clarifies the roles and responsibilities of the Minister of Canadian Heritage, the President of the Treasury Board and the Treasury Board. It also capitalizes on their respective strengths, which are related to their fields of expertise and action.

Bill C-13 strengthens the powers of the Treasury Board, which become mandatory, and adds additional powers, including those related to federal institutions’ obligations to take positive measures. These responsibilities and functions are aligned with the role of the Treasury Board as a management board, as the employer of the public service and as the entity that issues directives to federal institutions and monitors their compliance.

Bill C-13 proposes to assign the oversight role and that of informing federal institutions of official languages requirements to Treasury Board. Canadian Heritage, on the other hand, will remain the department focused on the Canadian public, including official language minority communities, with long-standing expertise and know-how in those matters.

I would now like to briefly address the new obligations for federally regulated private businesses to promote French under to Part 2 of Bill C-13, which enacts the Use of French in the Federally Regulated Private Businesses Act.

Bill C-13 recognizes that the private sector has a role to play in promoting and protecting the French language. To that end, the bill provides for two new rights and obligations ensuring that consumers can communicate in French with certain federally regulated private businesses and language of work rights enabling employees to communicate in French.

I believe this new regime will provide increased protections for French, both for the benefit of francophones in certain regions with a strong francophone presence and for the francophone population of Quebec. The pre-study done by your committee focused, in part, on this new statute respecting the use of French in federally regulated private businesses. It undoubtedly influenced the other place’s work on this topic.

Even once the bill is passed, the work will not be done. The regulatory process will be launched as soon as the bill receives Royal Assent. These regulations are essential for the implementation of certain key measures. Three regulations are planned, including one regarding the implementation of positive measures, a second regarding federally regulated private businesses and a third regarding administrative monetary penalties.

In concrete terms, the implementation of a modernized act begins with Royal Assent, but the reform will only take shape in its entirety following the making of regulations and the subsequent implementation of certain measures and new regimes through Orders-in-Council.

Although a review of the legislation is planned in 10 years’ time, there is no need to wait 10 years to make improvements.

It is in that spirit that your committee presented eight observations that we hope will be taken into account by the government and by all parliamentarians in the coming months and years.

These observations pertain to the oversight of the Official Languages Act’s implementation, Quebec’s English-speaking communities, the enumeration of the children of rights-holders, the bilingual Constitution, the discoverability of French in the digital space, the Translation Bureau and Indigenous languages.

Since I have already addressed some of these observations earlier in my speech, let me briefly touch on two others.

The first observation has to do with the bilingual Constitution. Your committee notes that some constitutional texts establishing the foundations of our Canadian Confederation, including the Constitution Act, 1867, still only have official English versions.

Your committee notes that on March 29, 2022, the Senate unanimously adopted a motion, moved by our colleague Senator Dalphond, whom I thank, calling on the government to:

 . . . consider, in the context of the review of the Official Languages Act, the addition of a requirement to submit, every 12 months, a report detailing the efforts made to comply with section 55 of the Constitution Act, 1982.

Your committee calls on the federal government to implement the measures proposed in the Senate motion to support the advancement toward the equality of status of both official languages, by making sure that the Minister of Justice of Canada respects section 55 of the Constitution Act, 1982, which states that all constitutional texts set out in the schedule to this act must be drafted and adopted in French.

Your committee also recommends that, as stated in the motion, the federal government submit a report to the Senate and to the House of Commons every 12 months detailing the efforts made to ensure compliance with this section.

I want to sincerely thank our former colleague, the Honourable Serge Joyal, for submitting a brief to the committee in this regard.

The second observation addresses the discoverability of French in the digital space. Again inspired by the Honourable Serge Joyal’s brief, the committee is also of the opinion that the presence and discoverability of all works, creations and research of any kind in the French language are essential to fully ensure the perpetuity of the French fact in this country.

Your committee therefore recommends that the federal government continue to take concrete initiatives to ensure the dissemination and discoverability of Canadian content in French.

In conclusion, esteemed colleagues, although I have not covered all of the proposals in this bill, which contains a considerable number them, and although I have not discussed all of the observations made by the committee, this in no way detracts from their importance to the future of our language regime, be it the proposals to ensure bilingualism in the judiciary, the civil service or other aspects of the bill.

Canadians, and particularly francophones across the country, are eagerly awaiting Royal Assent of Bill C-13.

The committee heard it from several stakeholders: Any further delay in passing a modernized Official Languages Act is simply a harbinger of more setbacks, to the detriment of Canada’s francophonie.

The Honourable Lucie Moncion, Acting Chair of the Standing Senate Committee on Official Languages, asked the Director General of the Fédération des communautés francophones et acadienne du Canada what would be the repercussions for minority communities if passage of Bill C-13 were delayed. He replied as follows:

 . . . Canada’s immigration levels for the next three years will be established in November. We know that the department is conducting extensive consultations, which are starting now and will probably end in the summer or early fall, on immigration and the targets for the next three years for the entire country, including francophone immigration. Therefore, if we still do not have Bill C-13 to provide this very clear direction that we need restorative targets, that could have an impact over the next three years.

Colleagues, it has been proven beyond a doubt that all parties in the other place now have the political will to carry out an ambitious reform of the Official Languages Act. Therefore, what we have on our hands is a tremendous opportunity that we must take advantage of.

I firmly believe that such a legislative instrument will create the conditions required to reverse the current language trends. I must therefore invite you to vote in favour of this bill as quickly as possible. Its passage by the Senate will help Canadians envisage the future of official languages in Canada with more confidence and more certainty.

In closing, on a personal note, I would say this: Much like the challenges of climbing a mountain as described by the artist and adventurer Mario Paquette, by using teamwork and facing obstacles and storms together, we can draw inspiration from this vision. We all come to the Senate bearing the aspirations and dreams of our communities, but we also carry the scars of generations that came before us and the troubles that our communities have to deal with today.

Each and every one of us carries the weight of history’s impact on our cultures, our languages and our communities. We share a desire to improve the lives of members of our own communities. In Canada, there are some troubling and absolutely unacceptable realities, especially for the Indigenous peoples. We need to recognize that and be kind, respectful and understanding of one another.

We need to reach out and work together with an open mind to achieve our common dreams.

Honourable colleagues, I have been a member of the Standing Senate Committee on Official Languages since joining the Senate. The spirit of collaboration there has always moved me.

By setting partisanship and our differences aside, we always manage to reach a consensus that benefits all Canadians. On that note, I want to thank the committee chair, Senator Moncion, who displayed admirable discipline and fairness during the study of Bill C-13.

It is my deep and sincere hope that we continue to be inspired by this spirit. A bit like a team climbing a mountain, taking care of each other will help ensure that we reach the summit, to be able to gaze at heaven and earth before us, and celebrate together what we’ve achieved, for the good of all Canadians.

Thank you. Meegwetch.

Of course.

Thank you for your question, senator. I want to thank you for the importance that you place on official languages. We considered that.

Yes, we did consider that. Senator, I consulted with our colleagues and our compatriots in New Brunswick. My team and I spoke with representatives from the Société de l’Acadie du Nouveau-Brunswick whose communities would be affected by this issue. Through their umbrella organization, the Société de l’Acadie du Nouveau-Brunswick, the communities said they were reassured by the fact that a consultation process would be put in place to better frame the issue of determining whether a region has a strong francophone presence. They are confident that this process will successfully do that, and they reiterated, as do I, the importance of passing this bill now. The repercussions of not passing the bill would be worse than a two-year delay in obtaining further clarification and consultation on this issue.

Thank you for your question, senator. This bill, like any other, is not perfect. We could propose other amendments to it.

The Fédération des communautés francophones et acadienne du Canada, which brings together francophones and Acadians from all of the provinces and territories, has been very clear. It too recommends that the bill be passed as it now stands.

You know, I think that our colleagues are aware of this reality. Canada’s francophone and Acadian communities, along with Quebec’s anglophone communities, have been working on the modernization of the Official Languages Act for many years. I don’t think that the Senate’s reputation is being called into question. I don’t think it hurts our reputation to say that the time has come to pass this bill.

The Senate’s main responsibility is to listen to the communities, and what they are telling us is to please pass this bill for the welfare and well-being of their communities. That is the spirit in which we worked. Senator Quinn, we proposed eight solid recommendations and we will be keeping an eye on them, because your committee will continue to work on respect for official languages and will continue to call on the government and the Parliament of Canada to address any issue concerning official languages in this country. Thank you.