Analysis of complaints
Page 8 of 14
Complaints are an essential tool in the work of any ombudsman. It is important when members of the public and employees of federal institutions complain to the Office of the Commissioner because these complaints help us uncover any difficulties that may emerge in the implementation of the Official Languages Act, examine the quality of services offered to the public and work with the federal institutions involved in order to correct the situation.
- The Commissioner received 1,330 complaints between April 1, 2002 and March 31, 2003, a 9% increase over the previous year.
- Nearly 77% of them (1,021 complaints) were deemed admissible.
- The number of complaints received has remained about the same over the last decade. The percentages cited below are calculated on the basis of the number of admissible complaints.
- More than three quarters of the complaints were lodged by Francophones.
- However, the number of complaints from Anglophones nearly doubled in comparison with the previous year (300 rather than 167). This increase was largely due to the many Anglophones in the West who objected to the bilingual weather reports broadcast by Environment Canada.60 However, more than 85% of the complaints against Environment Canada turned out to be unfounded.
Admissible Complaints Location of the Infraction
Although complaints were received about situations and incidents all across the country, the two regions cited most often were
- the National Capital Region (NCR) (293 complaints) and
- the Atlantic Region (208 complaints).
At the other extreme, Quebec was the region with the fewest complaints.
Institutions Most Affected
Ten individual institutions accounted for nearly 65% of all complaints. As in the past, the institutions with the most complaints filed against them were those that have close contacts with the public, such as Air Canada (AC), Canada Customs and Revenue Agency (CCRA), Human Resources Development Canada (HRDC) and Canada Post Corporation (CPC). The diagram to the left is based on the number of complaints lodged and found admissible, not the number deemed to be founded (see also table below).
Complaint categories
Of the complaints received:
- 76% concerned language of service;
- 12% concerned language of work; and
- 6% concerned the language requirements of positions.
The Commissioner receives a number of complaints each year on other official languages issues. Some of these complaints concern the participation of Anglophones and Francophones in the Public Service. Others concern federal institutions that allegedly fail to comply with the federal government's commitments under Part VII of the Official Languages Act (development and vitality of the Anglophone and Francophone minorities in Canada).
Service to the public
Most complaints across the country were about language of service. These complaints can be broken down into six groups:
- Travelling public (14% of all complaints) three quarters of these were about ground services (counter services in airports, pre-boarding security checks, etc.). The rest pertained to services on board aircraft.
- Audio-visual communications (14% of all complaints) most pertained to Environment Canada's weather reports. These complaints were unfounded.
- Communications in the media (14% of all complaints) most pertained to federal institutions that did not use media that serve minority official language communities when communicating with the public.
- Written communications (13% of all complaints) most accused various federal institutions of failing to communicate with members of the public in the official language of their choice.
- Services provided in person (11% of all complaints) several complaints accused federal employees (receptionists, customs officers, postal workers, police officers, etc.) of failing to actively offer services in both official languages.
- Telephone service (9% of all complaints) these pertained not only to a lack of service in the client's language but also failure to actively offer service in both English and French.
Language of work
The second largest category of complaints received at OCOL concerned the language of work rights of public servants or the obligations of federal institutions. The 127 complaints concerning language of work are distributed as follows:
- 54% of the complaints about language of work were lodged by employees in the National Capital Region;
- 27% by employees in the Quebec region; and
- 11% by employees in the Atlantic region.
These employees complained primarily about:
- unilingual central and personnel services (20% of complaints);
- written communications (19%);
- professional training (14%); and
- overall work environment (11%).
Language requirements of positions
The number of complaints about the language requirements of positions increased considerably over the previous year, rising from 38 to 57. These complaints were usually about one of the following three subjects:
- the language designation of a position (bilingual, either/or, English essential and French essential);
- its linguistic profile (level A, B, C or P);
- the staffing method used to fill it (imperative or non-imperative).
Development of communities in minority situations
- Nineteen complaints--twice as many as last year--pertained to failures to comply with Part VII of the Official Languages Act, which sets out the government's commitment to enhancing the vitality of the Anglophone and Francophone minorities in Canada and fostering the full recognition and use of English and French in Canadian society.
- Three quarters of these complaints were lodged by Francophones.
- Half the complaints were in regard to three institutions: Citizenship and Immigration Canada, Human Resources Development Canada and the Federal Electoral Boundaries Commission for New Brunswick.
Equitable participation
There were 14 complaints about the equitable participation of both official language groups in the Public Service. Most alleged that Anglophone and Francophone employees did not have the same chances for advancement in their institutions.
| Province/ Territory | Admissible Complaints | Service to the Public | Language of Work | Language Requirements | Advancement of English and French | Equitable Participation | Others62 |
|---|---|---|---|---|---|---|---|
| Newfoundland and Labrador | 11 | 10 | - | - | - | - | 1 |
| Prince Edward Island | 49 | 44 | - | 3 | 1 | - | 1 |
| Nova Scotia | 84 | 68 | 5 | 4 | - | 1 | 6 |
| New Brunswick | 64 | 37 | 9 | 10 | 6 | 1 | 1 |
| Quebec63 | 111 | 65 | 34 | 5 | 1 | 1 | 5 |
| National Capital Region (Quebec) | 41 | 17 | 18 | 6 | - | - | - |
| National Capital Region (Ontario) | 252 | 167 | 50 | 21 | 6 | 6 | 2 |
| Ontario63 | 118 | 95 | 7 | 6 | 2 | 1 | 7 |
| Manitoba | 59 | 55 | - | 1 | 2 | - | 1 |
| Saskatchewan | 86 | 84 | - | - | 1 | - | 1 |
| Alberta | 89 | 84 | 2 | - | - | - | 3 |
| British Columbia | 46 | 38 | 2 | 1 | - | 4 | 1 |
| Yukon | 6 | 6 | - | - | - | - | - |
| Foreign | 5 | 5 | - | - | - | - | - |
| TOTALS | 1,021 | 775 | 127 | 57 | 19 | 14 | 29 |
| Department/Institution | Founded | Un- founded | Under Investigation64 | Other | TOTAL |
|---|---|---|---|---|---|
| Environment Canada (EC) | 8 | 11165 | 8 | - | 127 |
| Air Canada (AC) | 6 | 17 | 104 | - | 127 |
| Canada Customs and Revenue Agency (CCRA) | 17 | 6 | 51 | 2 | 76 |
| Human Resources Development Canada (HRDC) | 12 | 4 | 56 | - | 72 |
| Canada Post Corporation (CPC) | 31 | 6 | 31 | 1 | 69 |
| Public Works and Government Services Canada (PWGSC) | 8 | 5 | 35 | 0 | 48 |
| RCMP | 8 | 1 | 28 | 1 | 38 |
| National Defence (DND) | 8 | 5 | 20 | 0 | 33 |
| Citizenship and Immigration Canada (CIC) | 6 | 0 | 25 | 1 | 32 |
| Health Canada | 10 | 1 | 14 | 0 | 25 |
| Correctional Service of Canada (CSC) | 3 | 10 | 10 | - | 23 |
| Macdonald-Cartier Ottawa International Airport Authority | 1 | 3 | 19 | - | 23 |
| Canadian Heritage (CH) | 6 | 1 | 14 | - | 21 |
| Parks Canada Agency | 6 | 0 | 11 | - | 17 |
| Public Service Commission of Canada (PSC) | 2 | 0 | 13 | 0 | 15 |
Notes
61 Approximately 80% of complaints are admissible. Those which are not investigated are referred to an appropriate institution or refused because they do not fall under the jurisdiction of the Act or its Regulations.
62 The category "Others" includes mainly complaints regarding notices, administration of justice and discrimination as a result of lodging a complaint.
63 Excluding the National Capital Region (NCR).64 Complaints under investigation as of March 31, 2003.
64 Complaints under investigation as of March 31, 2003.
65 Unfounded complaints concerning Environment Canada's weather bulletins.
