A Word from the Commissioner The Only Way: Putting Words into Action

Illustration from Michel Lavigne

The tabling of the 30th annual report in Parliament comes at an important time in history. We have had 30 years of official languages in Canada. A century has just ended and we have now firmly entered the new millennium. To mark this moment in our collective history, we have prepared, on the occasion of the 30th anniversary of the Office of the Commissioner of Official Languages, a document outlining the development of the official languages in Canada. This document, entitled Our Official Languages: As a Century Ends and a Millennium Begins, is being released at the same time as the annual report.

Many Canadians will not have the time or opportunity to read our 30th annual report. This special issue of INFOACTION therefore invites you to read about the key points made in the report covering the 2000-2001 fiscal year.

As you may recall, I expressed regret last year that in spite of the progress made in the last 30 years, the status of the official languages in Canada remains worrisome. I noted the lack of an overall commitment by the government of Canada toward the implementation of the Official Languages Act and encouraged the government to provide renewed leadership, both politically and administratively. In light of this observation, I saw a need to redirect my team's efforts to serve as an agent of change. What needs to be changed is the culture of federal organizations. INFOACTION has also raised this topic several times over the past year.

The alarm sounded by my first annual report was certainly heard by the federal government. The last Throne Speech and the appointment of a Minister responsible for official languages marked the start of a long-awaited political mobilization. My call for change was also heard by senior public service officials.

The new annual report shows that the federal government increasingly appears to be making the shift in direction required to effectively fulfill its linguistic obligations. As I noted in the report, the government of Canada "will need a major shift in direction to mobilize its heavy apparatus and take immediate measures to encourage the provinces to comply with their linguistic obligations when they accept a federal contribution. The whistle has sounded: now let's see when the train leaves the station!"

To achieve this, the government of Canada must put words into action. As it pulls away from the station, it must recognize that it has a one-way ticket. No turning back, no stopping! When it comes to official languages, we can only go forward, we must progress. That is the only road left. As the poet Paulo Coelho so aptly wrote, "When travelling toward an objective, we must pay close attention to the road. The road will always show us the best way to reach our destination, and it enriches us along the way."

Happy reading. I hope these few pages will make you want to learn more about one of Canada's greatest strengths: our official languages.

Summary of the 30^th Annual Report

The 30th Annual Report of the Commissioner of Official Languages is the second one submitted to the Parliament of Canada by Dr. Dyane Adam. It follows the previous report, which, as you will remember, marked a change in form and content.

Once again, greater emphasis is placed on the changes resulting from situations than on descriptions of the situations themselves. The report deals with key issues that have captured the attention of the Commissioner in 2000-2001.

The report sets out the issues of the day, outlines new developments, and describes the key interventions of the Commissioner and her team.

The leading issues are treated under five main themes:

This issue of INFOACTION provides a very general overview of the annual report. It is impossible for us to give a full account of all of the actions and accomplishments of the Commissioner and her team. We will however give the highlights, which illustrate how Dr. Adam acts as a catalyst to bring about the required changes in federal institutions. This is a formidable challenge, which she describes in the conclusion of the annual report as follows: "The legal framework for linguistic duality is now well established. The public's language rights are clearly spelled out in the 1988 Official Languages Act and in the Canadian Charter of Rights and Freedoms, and the Supreme Court of Canada has on several occasions clarified their scope. The real challenge is no longer a legal one; it is now political, cultural and societal. Nothing can be taken for granted since there is still a multitude of obstacles." The annual report makes it abundantly clear that the Commissioner intends to be an agent of change; this is her ultimate goal.

The Commissioner demonstrates throughout the report that much remains to be done to undo the harm caused by years of budget cuts, government restructuring and, more generally, political inaction.

Dr. Adam remains optimistic, however. Over the past 12 months, there has been a growing awareness within government, a positive shift in discourse, and much reflection and discussion at the highest levels.

April 1, 2001, marked the start of a new 12-month journey, the success of which depends solely on the government. The 30th annual report shows the way ahead.

A Key Chapter

The first chapter of the report describes the leadership exercised in the last fiscal year by the main authorities on official languages in Canada:

THE OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGES

How can federal institutions be convinced to adopt permanent corrective measures to address the repetitive complaints from citizens? The Commissioner opted for new methods that could lead to lasting solutions, including the following convincing examples.

She advocates greater participation by the federal institution in question in the search for lasting solutions. In some cases, if the complainant and the institution agree, an expert facilitator could help the parties reach a solution. The Commissioner would consider using any other valid method that is consistent with the Official Languages Act.

The Commissioner's investigators will all be trained in negotiation techniques to allow them to develop their ability to gain the co-operation of the parties and involve the institutions in the search for innovative and lasting solutions.

To simplify the complaints resolution process, a group of liaison officers has been created. These officers will develop methods and strategies to provide ongoing monitoring of institutions by the Commissioner.

From February to August 2000, the Commissioner undertook a nationwide consultation exercise. Meetings were held in 20 cities in all parts of the country, with over 500 participants divided into 51 groups. These consultations helped to create a list of strategic priorities on which the Commissioner will concentrate.

In November 2000, at the Youth Parliament in Winnipeg, the Commissioner gathered the opinions of young Anglophones and Francophones from the West and the North.

Internationally, Dr. Adam promoted her Office's experience and expertise by participating in the Canadian Ombudsman Association and the Association des ombudsmans et médiateurs de la Francophonie, of which she is regional coordinator for the Americas and the Carribean.

FEDERAL LEADERSHIP

The annual report also refers to the period following the election of November 2000, which witnessed several promising initiatives that culminated in the Throne Speech on January 30, 2001. It includes the most important statement of its kind made in 15 years:

Canada's linguistic duality is fundamental to our Canadian identity and is a key element of our vibrant society. The protection and promotion of our two official languages is a priority of the Government--from coast to coast. The Government reaffirms its commitment to support sustainable official language minority communities and a strong French culture and language. And it will mobilize its efforts to ensure that all Canadians can interact with the Government of Canada in either official language.

The report illustrates how the government must renew the implementation of the Official Languages Act, especially with regard to services to the public, language of work in the federal public service, and support for official language community development.

The Committee of Deputy Ministers on Official Languages, which the Commissioner met on two occasions, has itself set four priorities:

The report's first chapter describes the Commissioner's leadership in Parliament, especially in her dealings with various parliamentary committees, including the Standing Joint Committee on Official Languages.

This chapter devotes considerable attention to co-operation between the government and official language communities. Among other things, it refers to the National Committee for Canadian Francophonie Human Resource Development, created in 1998; the announcement of the creation of an equivalent committee for Quebec's Anglophone minority; Industry Canada's Community Development Program; and the consultative committees for English-speaking and French speaking minority communities created by Health Canada.

PROVINCIAL AND TERRITORIAL LEADERSHIP

Provincial and territorial authorities have not always seemed to grasp the scope of their responsibilities relating to linguistic duality, especially with regard to federal-provincial agreements. The report does note some positive recent initiatives, however.

These are just a few examples reflecting the Commissioner's diligent efforts to put words into action.

Government Transformations...They must be revisited!

Government transformations, especially privatization and the devolution of certain responsibilities to other levels of government, have undeniably weakened federal government support for the development of minority official language communities. These transformations have also had a negative impact on the services offered to the public in both official languages.

The second chapter of the annual report reminds us that now is the time for all levels of government to assume responsibility. The government has no choice; it must immediately adopt a policy guaranteeing that government transformations and the transfer of responsibilities do not diminish the public's established language rights.

In the last fiscal year, the Commissioner fought hard against the erosion of language rights, as seen in the following examples:

These few examples demonstrate that the Commissioner will not allow modernization and management efficiency in the public service to damage linguistic duality.

An Essential Commitment

It is abundantly clear that administrative decisions, as well as court decisions, can either foster or adversely affect the equality of minority official language communities. The Commissioner devotes the third chapter of the annual report to illustrating through several examples that the growth and vitality of official language communities depend on too many factors for the leadership of a few federal institutions to be able to provide the needed support.

The Commissioner reports on her numerous interventions with elected officials, administrators, public opinion and even the courts. When she believes that a matter raises important language rights issues for a minority community, she does not hesitate to intervene. Very often, she does so in view of the importance of the results for other official language minority communities in Canada.

The annual report shows that Dr. Adam's interest extends to all aspects of life in minority communities. Education is a key priority, as it has always been for the Office of the Commissioner. The report highlights the urgent need for French-language schools to attract and recruit the target school population and to provide a first-rate education. This year, the Commissioner published a study entitled Rights, Schools and Communities in Minority Contexts: 1986-2002, by Angéline Martel, professor at the Télé-université du Québec. The study shows that, despite the progress made, enrolment in French-language schools outside Quebec has levelled off in the last 10 years to just over half of the eligible school population. She proposes a plan to recover this target school population over the next decade.

Still with regard to education, the Commissioner was granted intervenor status in a case in New Brunswick. Francophone parents who criticized the Education Act because it does not grant them the full control over school governance guaranteed by section 23 of the Canadian Charter of Rights and Freedoms requested that the Act be declared invalid. Bill 13, An act to amend the Education Act, was passed in December 2000, but some parents claim that the law still has some weaknesses. Among other things, they would like the new law to provide for consultation with parents on certain important matters. The parents intend to continue their action, and the Commissioner retains her status as an intervenor in the case.

The publication of an evaluation of secondary schools in Quebec which indicates that English language schools placed well below French-language schools overall raised the concerns of a number of Anglophone Quebecers. Several Anglophone commentators blamed their schools' poor results on many factors, including underfunding of the Anglophone sector. The Commissioner wrote to Quebec's Minister of Education, François Legault, and received clarification on the matter and an assurance that the Ministry of Education would introduce corrective measures.

In the health sector, the Commissioner's intervention in the Montfort Hospital case is well known. The annual report takes note of the admirable efforts of Health Canada, which funded a study conducted by the Fédération des communautés francophones et acadienne du Canada that describes the importance of providing primary care in French to Francophone communities. The Department of Health also set up a national committee of government employees and Francophone representatives. A similar committee was set up to address the challenges facing Quebec's Anglophone community.

Immigration and Linguistic Duality

Immigration and immigrant integration can serve as tools for community development if handled appropriately. Immigration has accounted for about half of Canada's population growth over the past 15 years. In her annual report, the Commissioner expresses regret that Canada's Francophone communities have not benefited equitably from immigration. The number of English-speaking Canadians born outside Canada is five times that of French-speaking Canadians born outside the country. In the interest of respecting linguistic duality in Canada, this gives cause for concern, especially in view of the recent low birth rate among Francophones. The assimilation of Francophones outside Quebec makes the situation even more worrisome.

On March 29, 2001, the Commissioner held a day of consultations on immigration that brought together representatives from the federal government and community organizations and experts interested in immigration. The Commissioner is currently studying the participants' many recommendations. Two general observations were made by all those present:

Dr. Adam believes it is high time for decision makers to evaluate the impact of immigration on Canada's linguistic duality. In the summer of 2000, she accordingly commissioned a study on the subject. The study's interim results show a lack of effort to bring Francophone immigrants to communities outside Quebec. The results also suggest that French-language minority communities rarely have the resources and structures needed to meet immigrants' needs. These communities seemingly encounter difficulties integrating newly arrived Francophones and attracting them to their academic, community, social and cultural institutions.

The study showed that, in Quebec, the total number of Anglophone immigrants has decreased over the past few years. Nevertheless, approximately 20.5 percent of immigrants to Quebec are unilingual Anglophones, which means that the Anglophone community is benefiting from immigration. The rate of internal migration seems to be the main demographic problem facing the Anglophone community in Quebec.

The Department of Citizenship and Immigration is usually sympathetic to complaints from the Office of the Commissioner of Official Languages, but the needs are such that a more comprehensive approach is required. The annual report notes that the government must develop new departmental regulations, policies and programs to foster the equitable demographic renewal of official language communities in Canada.

In February 2001, the Commissioner wrote to Prime Minister Chrétien stating her concerns and asking him to amend Bill C-11 (An Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger). In March 2001, Dr. Adam submitted a memorandum to the Standing Committee on Citizenship and Immigration, pertaining to Bill C-11. In particular, she recommended the addition of a new objective to the Act: the equitable demographic renewal of official language communities through the selection, settlement and integration of immigrants.

She is Deeply Indebted to You!

The Commissioner acknowledges in her annual report that she feels deeply indebted to the determined citizens who insist on their language rights. Their accounts of their experiences provide her with an invaluable empirical measuring stick by which to chart the progress of the official languages program in various federal institutions.

The last chapter of the annual report summarizes the basic tenor of the concerns brought to the Commissioner's attention by the general public, either directly or through her participation in various public events during the fiscal year. This chapter also deals with each category of complaint filed, providing representative examples and describing particularly significant investigations. Some examples are presented in the following pages under the heading "Bits and Pieces: Excerpts from the Annual Report."

The Commissioner was contacted more than 2,500 times during 2000-2001. While most of these contacts had to do with complaints, many also involved requests for information about language rights.

To stay in touch with the public, Dr. Adam initiated numerous consultations. She is also very interested in activities organized by other groups that are active on the Canadian language scene.

The numerous examples cited in chapter 5 of the report clearly show that, when complaints are not the result of systemic problems but rather of specific deficiencies, simply pointing out the problem to the institution is often enough to ensure that corrective action is quickly taken. It would not be correct to think that indifference is the source of all problems. As the annual report shows, institutions are often simply unaware of their deficiencies; hence the importance of contacting the Commissioner. It is part of her mandate to help federal institutions offer citizens high quality services in their preferred official language.

While she considers it extremely important to ensure that the Canadian public and federal institutions are well-informed of their language rights and obligations, the Commissioner also needs to hear from the public on a regular basis.

Bits and Pieces: Excerpts from the Annual Report

VISION AND MISSION OF THE OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGES

Over the past year, Dr. Adam and her team have redoubled their efforts to achieve their ultimate objective of being agents of change. In so doing, they were motivated by a common vision and mission, as outlined in the annual report.

ROYAL BANK

The Commissioner sometimes receives complaints about the private sector. In these cases, the Commissioner generally takes steps to make the company more aware of the importance of considering both official language communities. She does not have the authority to require the company to offer its services in both official languages, but she can encourage it to use English and French in its communications with the Canadian public. Such encouragement from the Commissioner often leads to a change for the better.

In Toronto, for example, the automated general information service of the main branch of the Royal Bank offered its clients service in English and Chinese, but not in French. A client complained to the Commissioner. She wrote to the chairman of the Royal Bank to ask him to add French to the automated service, and the bank quickly corrected the situation.

A PROACTIVE ATTITUDE TO BE EMULATED

Federal institutions and agencies do not have to wait for citizens to file complaints with the Commissioner to ensure compliance with the Official Languages Act. The annual report gives an example of an agency that used careful planning and a generous dose of goodwill to produce results beyond reproach.

The Hazardous Materials Information Review Commission wanted its new Web site to provide information of comparable quality and accessibility in both official languages. It called upon the Commissioner's expertise to help it achieve this objective.

The Commissioner's representatives examined the Commission's Web site in detail and made about 20 suggestions for changes, which were all adopted. Internet users can now easily navigate around the site and find comparable information in English and French.

This initiative of the Hazardous Materials Information Review Commission resulted in a revised site that is a splendid example of the excellence that can be achieved when there is a desire to comply with both the letter and the spirit of the Act.

A PRODUCTIVE PARTNERSHIP IN LONDON, ONTARIO

One of the partnerships reviewed in the Commissioner's study is between the Department of Human Resources Development's resource centre in London and ACFO de London-Sarnia. Since 1997, these two organizations have developed an effective system to direct Francophone users toward ACFO's employment resource centre. Employment counselling is offered jointly by both centres. A client services representative for the department's French-language services coordinates their work with the employment counsellor for ACFO de London-Sarnia.

Even if this partnership does not solve all the problems, the results of the agreement are significant, and the local community has voiced its satisfaction. Their partnership should be a model for all communities served by human resource centres. It could also be adapted for other departments.

MONTFORT HOSPITAL

There were some important developments in the Montfort Hospital case in 2000, when the Ontario government decided to appeal the trial court decision. This followed the Ontario Superior Court decision of November 29, 1999, which ruled in favour of the Montfort Hospital on the basis of the unwritten constitutional principle of the protection of minorities. The Court of Appeal granted intervenor status to the Attorney General of Canada, the Association canadienne-française de l'Ontario, the Fédération des communautés francophones et acadienne du Canada and the Commissioner of Official Languages.

The Commissioner's written argument focused on the interpretation and application of section 16(3) of the Canadian Charter of Rights and Freedoms, which states that "nothing in this Charter limits the authority of Parliament or a legislature to advance the equality of status or use of English and French."

WORLD CHAMPIONSHIPS IN ATHLETICS

No complaints were received concerning the preparations for the World Championships in Athletics held in Edmonton in the summer of 2001. The championships and the International Amateur Athletic Federation that oversees them have two official languages: English and French. The organizing committee must ensure that services are provided to athletes, coaches, officials, delegate members, spectators and volunteers in their preferred official language. A Francophone advisory committee was set up to ensure that the French language and the Francophone community were included in all aspects of the organization of the championships: in its logistics, ceremonies, competitions, advertising, publications, communications, and services for the media.

MEDIA INTERVENTIONS

Some people spread misleading and even false information about official languages through the media. The Commissioner is generally keen to make the necessary rectifications. For example, there is a tendency to exaggerate the costs of the official languages program by failing to subtract the costs of many services that would still be provided if the recipients were part of the majority community. Other people tend to greatly underestimate the number of Anglophones with senior positions in the federal public service. Actually, 73 percent of executives are English speakers.

On the other hand, the Commissioner is just as eager to publicly praise initiatives that foster understanding between the two official language communities, such as a series of newspaper articles about the local minority community or a cultural agreement between Quebec City and Sault Ste. Marie.

REPRESENTATION BY LANGUAGE IN THE FEDERAL PUBLIC SERVICE

On the whole, federal institutions have made considerable progress toward achieving an equitable representation of Anglophones and Francophones among their staff. According to Treasury Board data for 2000, 72 percent of the 412,000 employees of the federal public service were Anglophones and 27 percent were Francophones.

Participation is not equitable in all sectors of all institutions, however, as will perhaps be seen in the current investigations involving Air Canada's team of pilots and its entire workforce (chapter 4).

For Whom? Why?

Special studies and investigations are an essential part of the work of the Office of the Commissioner of Official Languages.

Studies for whom? For all Canadians, who have the right to fully experience linguistic duality. Why all these studies? Because the complaints the Commissioner receives are often repetitive. It's déjà vu! Because the recommendations issued at the end of specific investigations are rarely able to resolve systemic problems. Because the Commissioner considers it important to trace the source of problems and attack them at their root. Because she believes the time has come to find permanent solutions to recurring problems. These special studies and investigations reflect the Commissioner's firm resolve to be an agent of change.

Although the Commissioner has no authority to impose sanctions, her powers of persuasion are considerable. These studies and investigations therefore remain prime tools for persuasion. This is precisely why she intends to conduct more of them. Dr. Adam and her team will continue to conduct strict follow-ups to ensure that her recommendations are implemented.

On the following pages, you will find a full list of publications by the Office of the Commissioner. You may consult the various documents by visiting the Office of the Commissioner's Web site, or you may request them by mail or by telephone at 1-877-996-6368.

REPORTS

Annual Report. Bilingual publication tabled in Parliament. (R)

Our Official Languages: As a Century Ends and a Millennium Begins. Bilingual document published to mark the 30th anniversary of the Office of the Commissioner and providing an overview of the history of bilingualism in Canada (September 2001). (023)

Language Rights 1999-2000. Bilingual publication which summarizes the major court decisions on language rights in Canada from January 1999 to December 2000. (010)

SPECIAL STUDIES

National report on service to the public in English and French-Time for A Change in Culture. (April 2001). (007)

Rights, Schools and Communities in Minority Contexts: 1986-2002 Toward the Development of French through Education, an Analysis. (March 2001). (006)

Study of the Official Languages Obligations of Federal Crown Agents in the Province of New Brunswick. (December 2000). (004)

Cooperation between the government and the communities: New models for service delivery. (June 2000). (003)

Official Languages in the Canadian Sport System. (June 2000). (002)

The Government of Canada and French on the Internet. (August 1999). (001)

Use of the Internet by Federal Institutions. Follow-Up Study (August 1999). (24S)

The Equitable Use of English and French Before Federal Courts and Administrative Tribunals Exercising Quasi-Judicial Powers. Follow-up to 1995 Special Report (May 1999). (88Q)

Motivations for School Choices by Eligible Parents Outside Quebec. (January 1999). (87Q)

School Governance: The Implementation of Section 23 of the Charter. (August 1998). (86Q)

Language of Communication at Pre-board Passenger Security Screening Points at Airports. (April 1998). (16S)

Government Transformations: The Impact on Canada's Official Languages Program. (March 1998). (77Q)

Follow-ups on special study of Federal offices designated to respond to the public in both languages. Publication, province by province and territory by territory.

• Alberta (July 2000). (31S)
• Ontario (outside the National Capital Region) (June 2000). (30S)
• British Columbia (Mai 2000). (29S)
• Quebec (March 2000). (28S)
• Northwest Territories [and Nunavut] (March 2000). (27S)
• Nova Scotia (November 1999). (25S)
• National Capital Region (February 1999). (21S)
• New Brunswick (December 1998). (19S)
• Interim Report (November 1998). (20S)
• Saskatchewan (September 1998). (18S)
• Manitoba (May 1998). (17S)
• Yukon (February 1998). (15S)
• Prince Edward Island (February 1998). (14S)
• Newfoundland (December 1997). (13S)
  

Cost Impact of Two-Language Packaging and Labelling on Small and Medium Sized Businesses in Canada. (February 1997). (12S)

Evaluation Report on the First Generation of Action Plans for the Implementation of Part VII of the Official Languages Act of 1988. (May 1996). (65Q)

A Blueprint for Action: Implementing Part VII of the Official Languages Act, 1988. (February 1996). (54Q)

The Equitable Use of English and French Before the Courts in Canada. (November 1995). (52Q)

Service to the Public -- A study of Federal Offices Designated to Respond to the Public in Both English and French. (February 1995). (8S)

Official Language Minority Education Rights in Canada: From Instruction to Management. The findings of research conducted for the Office (January 1991). (14Q)

^{OTHER PUBLICATIONS}

Official Languages Act (9C) The complete text of the Act, in English and in French.

Synopsis of the Official Languages Act, 1988 (13W)

The Office of the Commissioner of Official Languages. (005) Bilingual leaflet which describes the mission of the Office of the Commissioner and the objective of the Official Languages Act.

Map of the Official Languages in Canada, 1996 Census Data. (39Q)

The Commissioner at your service! Bilingual leaflet which describes the responsibility of the Commissioner of Official Languages (September 2001). (020)

Court remedy... A last resort option. (021)

Canadian Linguistic Facts and Figures Fact sheets on Canadians which present demographic, linguistic and economic data for each province and territory. One brochure per regional office.

• Atlantic (011)
• Quebec (012)
• Ontario (013)
• Manitoba (014)
• Alberta (015)
  

English and French in the Workplace (10C) What federal employees need to know 16-page bilingual booklet answering questions arising in the federal workplace as a result of Canada's two-language policy. The responsibilities and the rights of federal public servants working in regions identified as bilingual are explained in clear and realistic terms.

In the Prime of Life

The Office of the Commissioner of Official Languages has just marked its 30th birthday. With happy days as well as trying times behind, it can now only move forward.

The Official Languages Act has seen a lot of change in the last three decades. To highlight its place in the country's development, the Office of the Commissioner of Official Languages is publishing an historical overview* that, without being exhaustive, nevertheless describes the key facts and events that have played a role, great or small, in the development of official bilingualism in Canada.

This overview shows that the adventure of bilingualism is a social undertaking that is constantly changing. Its introduction clearly indicates its content: "[...] the Office of the Commissioner of Official Languages offers you a look at the history of bilingualism in Canada, its struggles and triumphs. The scale tips first in one direction and then in the other, but there is an inexorable movement in the direction of hope, toward a more open world built on harmony among diverse languages and cultures. This is the history of an idea whose roots are in the 20th century and that promises to grow to fruition in the century that has just begun." During its first three decades, the Office of the Commissioner has played an important role with respect to official languages, as set out in its mandate. It will continue to play this role as fervently as ever to ensure that cultures and languages coexist in ever greater unity and harmony.

This is a publication that will serve Canadians well. You may obtain a copy by contacting us or by accessing the Office of the Commissioner's Web site (www.ocol-clo.gc.ca), under "Information Material."

Tables

These three tables outlining complaints lodged with the Office of the Commissioner are from this year's annual report.