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Ottawa, October 19, 2004

FOR IMMEDIATE RELEASE

2003-2004 Annual Report of the Commissioner of Official Languages: A slow-paced year that raises questions

Backgrounder: List of recommendations
Backgrounder: Leon Leadership Award
Report: 2003-2004 Annual Report of the Commissioner of Official Languages

"The Government of Canada will need to protect the recent gains that have been made in the area of official languages and speed up the implementation of its Action Plan," said the Commissioner of Official Languages, Dr. Dyane Adam, in tabling her fifth Annual Report in Parliament today.

Despite the Government of Canada’s commitment in the recent Speech from the Throne, the Commissioner expressed concern about the current expenditure review. "After 35 years, the Official Languages Act has had its share of success, but the government cannot yet claim that its full implementation has been achieved. More than ever, firm and resolute leadership is required to ensure that the Act’s objectives are fully realized. This is definitely not the time to let our guard down," Dr. Adam said.

At the beginning of her mandate, the Commissioner was critical of the major setback that had taken place within the official languages program, as a result of the budget cuts of the 90s, and asked the government to rectify the situation. "The Action Plan for Official Languages was the government’s acknowledgement that the program had lost ground and represents its renewed commitment to official languages. However, the Plan should not be seen as a panacea but rather as an essential addition to the program. It is important that we not just focus on the cure at the expense of the patient’s overall health!" the Commissioner stressed. That is why Dr. Adam recommends that the Government of Canada maintain the current level of funding allocated to the Official Languages Program as a whole, in the context of the current expenditure review. In doing so, the program’s integrity will be preserved and progress can continue to be made on important official languages initiatives.

The Annual Report also provides a review of the first year of the Action Plan’s implementation. The Commissioner highlights accomplishments, such as new Treasury Board policies on staffing of bilingual positions and language training, positive steps in the areas of health and immigration and she also notes the firm commitment to implement the Action Plan. Despite these gains, the Commissioner is concerned about the slow pace of progress and seeming lack of momentum. She points to the piece-meal way in which funds are allocated, the few tangible achievements to date, stagnating negotiations on federal-provincial agreements, and an accountability framework that is still in the works. She therefore calls on the Government of Canada to speed up the pace and produce results for citizens.

The Commissioner’s Annual Report includes a total of 11 recommendations, many of which deal with the issue of accountability. "For instance, since half of the Action Plan funds cover minority language education and second language learning, it is important that investments target these specific objectives and that governments show results," the Commissioner declared. To truly promote the vitality of official language communities in priority areas such as health, education and early childhood development, she maintains that the Government of Canada must use a collaborative approach adapted to the needs of these communities in its negotiations with the provinces and territories.

On the whole, the Commissioner expects the Government of Canada to fulfill its commitments and show results, with respect to both the Action Plan and the full implementation of the Act. This should translate into quality services in both English and French, an exemplary public service that fully integrates both official languages while respecting the rights of its employees, adequate support for official language minority communities, and a strengthened commitment to bilingualism among young Canadians.

"The coming year will surely be full of challenges, but I expect the government to transform the commitments contained in the Speech from the Throne into concrete, specific and measurable actions for all Canadians," concluded the Commissioner.

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Information

To obtain a copy of the annual report, call 613-996-6368 or 1 877 996-6368

LIST OF RECOMMENDATIONS
Annual Report 2003-2004 of the Commissioner of Official Languages

Recommendations

RECOMMENDATION 1

The Commissioner recommends that the President of Treasury Board:

• quickly complete a review of remaining official language policies.

RECOMMENDATION 2

The Commissioner recommends that the government:

• clarify the legal scope of Part VII through legis- lation or regulation by defining its compulsory nature as well as how federal institutions should implement it under the terms of section 41 of the Act.

RECOMMENDATION 3

The Commissioner recommends that the government:

• maintain, in the context of the spending review, the resources allocated to the Official Languages Program as a whole.

RECOMMENDATION 4

As this accountability framework will play an important role in identifying sectors, and in order to change an organizational culture which emphasizes process over results, the Commissioner recommends that the Treasury Board Secretariat:

• strengthen the Management Accountability Framework by:

  • reviewing it to emphasize the importance of official languages in performance-based indicators for citizen-focused services; and
  • developing very specific official language performance indicators.

RECOMMENDATION 5

To reinforce the requirement that managers report on the implementation of the Act and to increase awareness among public servants regarding the importance of respecting the public’s language rights, the Commissioner recommends that the Public Service Human Resources Management Agency:

• establish effective results-based assessment mechanisms and appropriate employee training mechanisms by:

  • conducting more audits on the implementation of the Act in institutions;
  • requiring that institutions themselves conduct internal audits; and
  • ensuring that employees receive better training, with an emphasis on respecting language rights as a fundamental part of showing respect for the citizen.

RECOMMENDATION 6

The Commissioner recommends that Transport Canada:

• propose the adoption of the necessary legal amendments to preserve and protect the language rights of the public and Air Canada’s employees, regardless of the modifications that are made to the structure and organization of the air transportation industry.

RECOMMENDATION 7

The Commissioner reiterates Recommendation 5 from the 2002-2003 Annual Report and recommends that the Minister of Canadian Heritage:

• require each provincial Minister of Education to produce an annual report on progress achieved both on the objective of doubling the proportion of bilingual high school graduates and on providing French-language instruction to 80% of the target school population covered by section 23 of the Charter.

RECOMMENDATION 8

The Commissioner reiterates her recommendation of 2002-2003 that the federal Health Minister:

• ensure that federal-provincial-territorial health agreements are tailored to the particular needs of the official language minority communities of each province and territory, and that they include specific provisions on health services that must be offered in the minority language.

RECOMMENDATION 9

The Commissioner recommends that the Privy Council Office:

• re-examine the appointment process of superior and federal court judges to provide these courts with adequate bilingual capacity.

RECOMMENDATION 10

To better consolidate linguistic duality in Canadian society, the Commissioner recommends that:

Canadian Heritage:

• place greater emphasis on measures to promote linguistic duality, especially by providing institutions with the guidance necessary to define activities linked to this aspect of Part VII; and assess the effectiveness of programs promoting linguistic duality and take corrective measures, if necessary.

RECOMMENDATION 11

Federal institutions:

• especially those that are required to develop a plan regarding Part VII of the Official Languages Act, include in such plans initiatives aimed at enhancing linguistic duality and be accountable for this activity to Canadian Heritage.

Office of the Commissioner of Official Languages Leon Leadership Award

In 2002, the Commissioner introduced the OCOL Leon Leadership Award to honour the head of a federal institution who has distinguished himself or herself through leadership in promoting linguistic duality and implementing the Official Languages Program in his or her institution.

2003-2004 Leon Leadership Award

Citizenship and Immigration Canada

Michel Dorais, Deputy Minister, Citizenship and Immigration Canada

Let us give praise where praise is due.

The OCOL Leon Leadership Award for 2003-2004 goes to Michel Dorais, Deputy Minister of Citizenship and Immigration Canada. Mr. Dorais is a senior executive who has demonstrated remarkable leadership, as the following examples show.

• The roles and responsibilities for official languages of all senior public servants in the Department have been clearly defined. The deputy minister prepared an accountability framework requiring that managers regularly report on results. The Official Languages Champion, the Assistant Deputy Minister for operations, meets members of senior management with responsibilities for official languages once a month.
• Mr. Dorais supported a project suggested by the Quebec region to create a workplace that promotes the use of English and French. The message is clear: the Official Languages Act and its policies must be experienced in the workplace every day. This fresh focus led to improved communications between headquarters and the Quebec region.

It is also worth noting that it was under Mr. Dorais’ leadership that objectives were included in the new Immigration and Refugee Protection Act to ensure the vitality of minority official language communities. The Department amended agreements on direct selection of immigrants by the provinces.

The Department has reached, or is about to reach, agreements with all the provinces and territories except Ontario, Nunavut and the Northwest Territories, on consultation and co-operation with Francophone communities on activities to attract immigrants. Mr. Dorais also established a joint steering committee (representatives of federal, provincial and territorial ministries and community representatives) to prepare a strategic framework encouraging immigration in general and settlement in communities in particular. The Commissioner believes these models should be followed in negotiating agreements with provinces and territories.

In addition, Mr. Dorais was the first Deputy Minister to sign a co-operation agreement with OCOL for the efficient resolution of complaints.

In awarding the Leon Leadership Award to Mr. Dorais, the Commissioner pays tribute to an agent for change whose day-to-day leadership on official languages has truly helped Canadian society flourish.