Infoaction - October 2003 - Volume 9, No. 1
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Coordinator: Stéphanie Côté
Writer: Monique Cousineau
Content Advisor: Catherine Scott
English and French Translation: Translation Bureau
French Text Editing : Linda Larocque, Johanne Lepage
English Text Editing: Colin Morton, Nancy Lee
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A WORD FROM THE COMMISSIONER
"An orchestra is a reflection of society. Everyone plays his part and there is a leader."
Gustave Flaubert
This is how Flaubert defined "orchestra" in his Dictionnaire des idées. What connection could there possibly be with my fourth annual report for the year ending March 31, 2003? When I thought about the major events of the year, the image of an orchestra came to mind. The high point of the 2002-2003 year was certainly the Action Plan for Official Languages. The symphony has been written. The conductor has the score in hand. All the musicians know their parts. They have done their scales. So let the music begin!
The practical measures taken, the progress made, and the incipient change in culture in the federal administration of the official languages have all been music to my ears hence the analogy of an orchestra playing a symphony. As I show in my report, the action plan will generate new synergies throughout the federal government and Canadian society. The government has shown genuine leadership in developing the action plan, but this is only the beginning. As Wagner said, "Music starts where the power of words leaves off." What we need now, therefore, is the full, sustained implementation of the plan. Beyond words, we need rigorous implementation.
It doesn't do any good for the conductor to set the tone, mark the beat, and inspire the musicians if they don't all play in perfect harmony with each other and with total respect for the score. Unfortunately, some federal institutions were not respectful in the past of the overarching theme of official languages. They did not recognize obvious flaws, left their plans on the shelf, or failed to meet deadlines. Under my mandate, my job is to ensure that the official languages remain a government priority. But my role is not supposed to be that of the school disciplinarian! My report attests to my firm desire to assist federal institutions in striking "the right note." My new approach therefore has nothing of the disciplinarian. Quite the contrary. In reading the report, you will see that in my recommendations, I increasingly encourage managers in the departments and agencies in question actively to seek the most appropriate solutions to correct shortcomings. I am very optimistic about our political and administrative leaders, who will ensure the successful implementation of our language laws and policies. The best-laid plans and best-designed strategies for revitalizing the official languages are of no use without strong leadership. Everything could fall flat. The performance of the symphony will remain...imperfect.
Last year at this time, I was hopeful that official languages would remain on the right track. I was confident that things would not be derailed over the year. Despite a few hitches, the year was a success, mainly because it delivered an action plan that will truly revitalize official languages.
This year, I hope that all the "players" in every federal institution have mastered all the notes in their scores. The great Toscanini liked to say that there are two kinds of conductors: those who have the score in their heads and those who have their heads in the score. The leadership that the federal government has shown in implementing its action plan will clearly prove that it has the score in its head.
In my report next year, I hope to say that the brilliant performance of the Action Plan for Official Languages caused the Canadian public to rise cheering to its feet demanding encores of the concert produced by our federal institutions.
Enjoy your reading!
SUMMARY
At some time or other, we have certainly all felt that reading an annual report was a arid exercise. But when we sense that it affects our daily lives, boredom soon yields to mounting interest. May you feel this way when reading the fourth annual report of the Commissioner of Official Languages, Dr. Dyane Adam, and may it spark a desire in you to stay more abreast of everything to do with the latest official-language developments in Canada.
Below is a brief overview of the contents and highlights of the six chapters of the Annual Report 2002-2003.
CHAPTER 1 presents the most relevant results of the last census of the people of Canada. They show, first, that the trend toward a more diverse society is continuing, while at the same time, a number of signs give reason for optimism about Canada's linguistic duality. Our leaders need to ensure, though, that diversity contributes to the enhancement of linguistic duality, just as linguistic duality has fostered diversity over the years.
CHAPTER 2 comments on the implementation of the Commissioner's recommendations and the federal government's action plan for strengthening official languages, a key event last year. The Commissioner is keeping a critical and constructive eye on all this, and considers the action plan to be the highlight of the year.
CHAPTER 3 concerns the leadership that the federal government must show if it intends to make "a perfect symphony" out of this action plan and especially to implement it fully. There is something for everyone in this chapter, including elected officials, the heads of federal institutions, managers, public servants and the general public. A must read.
CHAPTERS 4 AND 5 summarize the studies and investigations that the Commissioner conducted during the last year and provided many examples of successes and shortcomings. Chapter 4 also examines the delivery of government services, while Chapter 5 deals more specifically with provisions relating to federal public service employees.
CHAPTER 6 describes the numerous activities undertaken in 2002-2003 to foster the development of official language minority communities and promote Canada's linguistic duality nationally and internationally. It also contains a list of initiatives that certain federal institutions took in the year to strengthen the Official Languages Program.
The report touches as well on the gathering momentum with respect to official languages. It shows above all that the federal government must not only maintain this momentum but also increase it, and it highlights specific shortcomings that the government must address immediately.
INFOACTION strongly encourages you to take a look at the 32nd annual report of the Commissioner of Official Languages. You will find very relevant information about the principal matters dealt with by Dr. Adam and her team at headquarters in Ottawa and in the five regional offices. The report will give you an update, up to the last second.
THE CHANGING FACE OF CANADA
Make no mistake. This heading may sound like an advertisement but actually refers to the picture painted by a century of censuses. Just as the family photo album provides a visual history of the family, a century of censuses of the Canadian population provides various portraits of our society, showing how it has developed.
The picture of the Canadian family has certainly changed considerably since 1901. The first chapter in the annual report deals, with the profound changes in the make-up of the Canadian population over the last century, focusing more especially on the 2001 census data on ethnic origin. The results confirm that:
- linguistic duality is a fundamental characteristic of our population;
- the number of people with English or French as their mother tongue continues to increase, even though their proportion of the population is decreasing;
- individual bilingualism is increasing;
- the populations of the official language communities in most regions are stabilizing;
- more people are using French, according to the new data on languages spoken at home and in the workplace.
Rather than repeat our analysis of the multitude of results of the last census,* we will content ourselves here with highlighting the importance ascribed in the annual report to the need to understand the changes in linguistic duality over the last few decades. Canada is becoming more cosmopolitan and multilingual, and yet, despite all the changes, linguistic duality remains at the heart of Canadian identity. More than three-quarters of the respondents in all linguistic categories, whether Anglophone, Francophone, or Allophone, stated that official bilingualism is part of the Canadian identity.
The new linguistic portrait of Canada shows that the growth rate of the Allophone population is clearly higher than that of the Anglophone or Francophone populations. Chinese is the mother tongue reported most often among Allophones however (2.9 percent), English and French are still by far the most commonly spoken languages in Canada.
This chapter of the report helps us to understand more the changes so we can build a better future. The Commissioner states that our understanding of linguistic duality and diversity must be fluid and complementary. She reminds us that Canadians have a role to play and it is up to them to decide the path that the linguistic and cultural heritage should take over the next few years. "We are in control and able to make choices as a society, instead of allowing ourselves to be swept along by the currents of history."
The conclusion to the first chapter calls clearly and strongly on the federal government to reaffirm its commitment to linguistic duality and the revitalization of the Official Languages Program. The new federal leadership will have to meet many challenges to give effect to the Action Plan for Official Languages. The Commissioner reminds us of this in the following words: "The promotion of linguistic duality must remain a priority. In the near future, the government must also determine the extent to which today's linguistic tools are sufficient to meet tomorrow's challenges, especially in light of the social, political and technological transformations we are experiencing today."
Canada's linguistic landscape is clearly under-going rapid change. The census data leave no doubt, though, about an encouraging fact that emerges: the two official languages are rallying points for our citizens and strengthen national unity.
REPORT CARD
Is the Commissioner report card to the federal government a credit to our elected officials? Although the government is on the right track in showing leadership on linguistic duality. The record should be better. The second chapter of the annual report succinctly addresses the state of political, parliamentary and government leadership from the following standpoints:
- an analysis of the government's Action Plan for Official Languages;
- a review of the recommendations from the Commissioner's previous annual report;
- an examination of the leadership shown by Parliamentarians;
- the importance of political leadership focussing on a public service that is exemplary with regard to official languages.
You may recall that since her appointment in 1999, the Commissioner has demanded that the federal government institute a remedial plan--a demand that was reiterated in her last annual report. The government has followed up on Dr. Adam's main recommendation by launching the Action Plan for Official Languages.
As of March 31, 2003, at the following, here is the progress that had been made in implementing the recommendations from the Annual Report 2001-2002:
- two recommendations had been fully implemented;
- two recommendations were in the course of being implemented;
- three recommendations had not yet been implemented.
The Commissioner is urging quick action on the unimplemented recommendations to strengthen the leadership shown by the federal government and facilitate the achievement of the objectives in the Action Plan.
The Action Plan unveiled by the federal government generally meets the Commissioner's expectations:
- it has clear objectives;
- the planned actions are targeted;
- it was preceded by consultations across Canada;
- it clearly sets forth the responsibilities of each institution; and
- it includes horizontal coordination procedures.
The Action Plan targets three main areas:
- education;
- community development; and
- the public service.
In addition, it includes an accountability and coordination framework. The annual report also points out that the Action Plan generally takes into account the seven priorities suggested by the Commissioner during the consultations.
On the other hand, the plan does have a few weaknesses, which the report suggests improving by:
- putting more emphasis on the development of a bilingual public service;
- providing an appropriate data collection, performance measurement and accountability system to ensure that the Official Languages Program is adequately implemented;
- doing more to sensitize the majority language communities to the vital role that linguistic duality plays in Canada's future.
The Commissioner regrets the fact that the Action Plan failed to address a number of important areas, such as:
- arts and culture;
- the bilingual status of the national capital;
- promoting linguistic duality internationally.
She would have liked the Action Plan to provide a performance measurement and accountability framework, as well as inter-governmental cooperation procedures.
Dr. Adam attaches great importance to her monitoring role and never hesitates to take action when she thinks that a bill under study by a parliamentary committee is likely to have repercussions on language-related issues. Over the last year, she made about ten appearances before parliamentary committees. The annual report mentions two of these appearances that have already borne fruit.
- The new Physical Activity and Sport Act, which was given Royal Assent in March 2003, thanks to the leadership shown by Parliamentarians, incorporates amendments suggested by the Commissioner.
- During her appearance before the Standing Senate Committee on Legal and Constitutional Affairs, the Commissioner welcomed the bill to ensure that Francophones and Anglophones have equal access to statutory instruments. She told the committee about her concerns regarding the lack of a reasonable time limit for re-enacting statutory instruments and the lack of an accountability framework.
Dr. Adam is pleased that the committee adopted amendments that take her suggestions into account.
Rome wasn't built in a day, and it will take time, attention and monitoring to implement the major changes under the government's Action Plan. The Commissioner recognizes that the government is clearly on the right track thanks to more attentive leadership than was previously the case. She would still like the government to consolidate even further to attain lasting, concrete results.
AN OVERVIEW THAT SPEAKS VOLUMES
The Commissioner has no wish to play the enforcer, despite her determination in pursuing adherence to the official language policy ... This is far from Dr. Adam's concept of the relationship an officer of Parliament should have with federal institutions. Senior officials in these institutions must assume the responsibility incumbent upon them to implement the Official Languages Act by acting on her recommendations by the given deadline and aiming for lasting results.
The third chapter of the report shows that some federal institutions have demonstrated that they are serious about acting on the Commissioner's recommendations, including the Privy Council Office and, to a lesser extent, the Treasury Board Secretariat. The report highlights a number of initiatives launched by federal-provincial councils. The following are three examples of such initiatives.
- The Pacific Federal Council is working on a regional action plan to help federal offices in British Columbia that are designated bilingual do a better job of meeting their linguistic obligations.
- The Quebec Federal Council has undertaken various activities to increase the number of Anglophone employees in the federal public service in Quebec. Its Middle Managers' Network commissioned a study by the Missisquoi Institute to gain a better understanding of certain problems.
- The Newfoundland and Labrador Federal Council has launched a pilot project on the official languages, which includes promoting oral communication in French, creating a French learning resources centre, and making the French-speaking community in Newfoundland and Labrador more aware of the federal programs and services available in the province.
In her annual report last year, the Commissioner deplored the tardiness of governees in implementing her 1999 recommendation to increase the use of French on the Internet. Action has now begun on this initiative. In 2002, the Department of Canadian Heritage adopted an action plan on behalf of the government that describes the steps taken by various departments to act on the Commissioner's study. This has made it possible to undertake a number of initiatives:
- Symposium on language industries - Organized in May 2002 by Industry Canada;
- Language industry roadmap Stakeholders from the language industry, supported by Industry Canada and the National Research Council of Canada, completed a preliminary report in February 2003 on the creation of a technology roadmap of the language industry in Canada.
In the area of sports, although Sport Canada welcomed the Commissioner's recommendations in 2000, its performance has not been up to par. As the Commissioner noted on several occasions, progress has been made, but French and English still do not have equal status in the Canadian sports system. In response to the Commissioner's follow-up study, the Secretary of State for Amateur Sport submitted an action plan in the spring of 2003 that commits Sport Canada to implementing the recommendations even before the deadlines set by the Commissioner. The situation will be assessed in her next annual report.
The annual report deals as well with the access to justice in both official languages, the Contraventions Act, and the responses to a number of investigations that "do not sound quite right." Unfortunately, the responses to the Commissioner's recommendations often take far too long before striking the "right note."
Dr. Adam has adopted a new approach in formulating her recommendations. She increasingly urges managers in the departments or agencies in question to become more involved in finding the most appropriate solution to address a given shortcoming. She is diligent in monitoring the implementation of her recommendations, especially when it comes to measuring the progress that has been accomplished.
The report provides an exhaustive analysis of the responses to the Commissioner's recommendations. Although the results have been uneven, progress is certainly possible and some has already been made.
AND THE LEON AWARD FOR LEADERSHIP GOES TO...
...the President and Chief Executive Officer of Farm Credit Canada (FCC), Mr. John Ryan. With this award, the Commissioner pays tribute to Mr.Ryan, who has demonstrated outstanding leadership in integrating official languages in the culture and the daily work environment of his organization, going well beyond the basic requirements of the Official Languages Program.
The FCC is a small government agency situated in Regina, Saskatchewan. As Dr. Adam stated in her Report: "Bilingualism is a way of life at FCC. French is spoken regularly in meetings and corridors, during teleconferences and at lunch tables, from the Moncton Loan Administration Centre and Kanata Risk Management Centre to Regina's corporate office. Each Friday, a word or expression of the day is e-mailed to all staff, and everyone is encouraged to speak French. This provides a great environment for employees in language training to practice."
Congratulations to John Ryan!
PROGRESS FROM NEWFOUNDLAND TO B.C.
It is not only in federal institutions that the official languages are gaining ground. The annual report showcases a few examples of successes in sectors not directly subject to the Official Languages Act.
AN INITIATIVE BORN IN NEWFOUNDLAND
The provincial and territorial members of the Ministerial Conference on Francophone Affairs who met in St. John's, Newfoundland, in September 2002, set up a permanent secretariat and adopted a number of government leadership principles to help them to achieve their vision of Francophones being able to live happily and develop fully individually and in French communities everywhere in Canada.
BIENVENUE, WELCOME, ËPTJILAASI
If you should happen to pass through Richibouctou, New Brunswick, don't be surprised to see signs in French, English and Micmac. The Richibouctou municipal council has decided to make the town trilingual. It has had the word "welcome" translated into Micmac on all the town's promotional materials. Local businesses have done the same, and now display trilingual signs in their windows.
"LAURIERS DE LA PME" AWARDS
The National Committee for Canadian Francophonie Human Resources Development held a competition to highlight the important role that Francophone businesses outside Quebec play in the Canadian economy. In her annual report, the Commissioner congratulates the winners of the 2003 "Lauriers de la PME" awards:
- Château des Charmes
- La Savonnerie Olivier
- Lemalu Holdings Ltd.
- RégeNord Ltd.
- Scénario Design
SIMON FRASER UNIVERSITY
Simon Fraser University has signed a letter of understanding with the Fédération des francophones de la Colombie-Britannique. The university will create a Bureau des affaires francophones et francophiles and will also develop a French-language B.A. program emphasizing community development and public administration.
These are only a few examples of how much has been attained regarding official languages, and the Commissioner is pleased to report these accomplishments.
MISSION POSSIBLE: SERVICE TO THE PUBLIC
It's not news to say that the federal government's basic mission is still providing services to the public. And of course it ensures that these services are made available equally in both official languages, whether in person, on the telephone, or using modern technologies such as the Internet.
Many federal institutions fail, however, to consider the linguistic aspect of their undertakings until it is too late. The Commissioner, therefore, becomes involved as soon as initiatives begin. The annual report discusses several such initiatives, including the following examples.
- The single window networks provide access to a broad range of federal services, as well as services from other levels of government and the private sector. The Commissioner undertook a study to check the availability of bilingual services. She found that a number of windows provided exemplary service in English and French. Some improvements could be made, however, and they are pointed out in the report.
- The Government Online initiative is intended to provide an array of federal services on the Internet by 2005. A special study done by the Commissioner showed, however that the government did not sufficiently consider the linguistic aspects of the undertaking from the planning stage. She regrets that a comprehensive policy was not developed to consolidate, structure and complete the various existing policies governing online services. Fortunately, the Treasury Board Secretariat had started on March 31, 2003 to implement some of the Commissioner's recommendations in this regard. Much remains to be done and the government will have to take a number of additional measures to meet its linguistic obligations to the public.
- With respect to communications, the Commissioner demonstrated to Parliamentarians (Standing Committee on Canadian Heritage) in the spring of 2002 how the Broadcasting Act could contribute to the implementation of the Official Languages Act by following five recommendations. These are chapter 4 of the report.
- In November 2002, the Commissioner asked the CRTC to require the Cable Public Affairs Channel (CPAC) to broadcast all its programs in both official languages. CPAC was given a new seven-year licence, which included a number of conditions that will certainly have a positive effect on the provision of French-language services on CPAC. The anticipated problem of providing subtitles in English and French should be resolved in the relatively near future.
The annual report also examines several other matters in which the Commissioner was particularly involved, including:
- the broadcasting of the debates in the House of Commons in both official languages;
- bilingual government advertising;
- Environment Canada's weather reports broadcast in English only on Weatheradio Canada;
- a military familiarization course provided to journalists in English only by the Department of National Defence;
- Air Canada's bilingual services.
These are some of the areas in which Dr. Adam intervened. By monitoring compliance with the linguistic rights of Canadians in this way and working in a spirit of cooperation, the Office of the Commissioner helps federal institutions develop a culture of quality service to the public.
SUCCESS STORIES
There are a number of success stories this year. INFOACTION cannot publish the list in its entirety, but it can be found in Appendix B to the Annual Report 2002-2003.
If the list of success stories is getting longer every year, it is because the senior officials of a number of federal institutions are being ever more attentive leaders with regard to official languages. Below are a few examples of initiatives stemming from this exemplary leadership.
CITIZENSHIP AND IMMIGRATION CANADA
This department instituted a rigorous plan to ensure that its managers are all familiar with their roles and responsibilities regarding the official languages. The plan requires all managers to report on the implementation of the Official Languages Act and the promotion of linguistic duality. It should be noted, because it is a first, that the accountability framework includes the terms of an agreement between Citizenship and Immigration Canada and the Office of the Commissioner of Official Languages to increase cooperation.
The department is also organizing a monthly round table where managers can discuss linguistic issues and take necessary action.
ATLANTIC CANADA OPPORTUNITIES AGENCY
Here is an example of a collaboration to support the development of the official language communities in the region. In partnership with the Nova Scotia Economic Development and the Collège de l'Acadie, the Atlantic Canada Opportunities Agency has established the Knowledge-Based Economy Incubation Centre. This Centre provides space and services to Francophone small business people who want to increase their information technology operations in the region.
DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE
This department has developed virtual campus programs for its employees in Canada and abroad to enable them to access on-line language training regardless of where they are, even outside regular working hours. This tool also helps employees maintain their knowledge of the second language.
COMMUNICATIONS SECURITY ESTABLISHMENT
Communications Security Establishment has devised an interactive decision tree on communication requirements. Staff can consult a guide on the Intranet, presented in a question format, to help them determine whether their written internal and external communications must be bilingual.
CANADA MORTGAGE AND HOUSING CORPORATION
Canada Mortgage and Housing Corporation has included knowledge of the official languages in the skills profile for its positions, thereby placing as much value on language skills as on the other skills considered necessary to perform the functions of given positions. This new initiative is in keeping with the Commissioner's recommendations to the President of the Treasury Board for the entire public service.
CANADA COUNCIL FOR THE ARTS
Working together with the Canada Council for the Arts, the Fédération culturelle canadienne-française has drawn up "context sheets" describing, for each artistic discipline, the particular conditions faced by Francophone artists living in minority situations in Canada. This initiative has been so successful that the Anglophone community in Quebec is thinking of doing something similar.
INDUSTRY CANADA
In cooperation with regional development organizations, Industry Canada has designed the COMMUNACTION Web site to inform the members of official language communities in minority situations about its programs and services and encourage them to take advantage of what is offered.
CANADA CUSTOMS AND REVENUE AGENCY
Canada Customs and Revenue Agency's Quebec regional office has developed and is implementing a three-year pilot project to ensure that it makes better use of both official languages. This project, called the official languages quality management system, aims to bring about cultural change through the commitment to a bilingual workplace by all Quebec office members.
CANADIAN HERITAGE
The Commissioner congratulates the department for having supported the creation of the Prix Montfort and the Prix Montfort gala presentation ceremony to recognize the accomplishments of Francophones and Francophiles. The Prix Montfort de l'année was awarded to the City of Moncton in recognition of its efforts to promote official bilingualism.
In its next edition, INFOACTION will present an on-line language toolkit called Word Wizards, which Canadian Heritage launched in the spring of 2003. This is a tool that was greatly needed by the people of Canada. This project was carried out in cooperation with the National Research Council of Canada, Treasury Board Secretariat, the Translation Bureau and Industry Canada.
Canadian Heritage provided briefings to more than 1 500 employees and managers about the Guidelines on Language of Work set forth in its Action Plan on Language of Work.
Above are a few examples of initiatives that Dr. Adam has described as "promising breakthroughs" and which show that a number of federal institutions are making linguistic duality an integral part of their organizational culture.
BILINGUAL WORKPLACE?
Not many countries give their public servants the advantage of working in the language of their choice. Fortunately, in Canada, federal employees have the right to work in the official language of their choice in regions that are designated bilingual. But what is the reality? The annual report sheds light on this question and shows the considerable challenge that the two official languages pose every day in a setting where English continues to predominate.
A major Treasury Board Secretariat study on the attitudes of public service employees to the use of both languages and a general survey of federal public servants in 2002 confirmed that French continues to be underused in the workplace. Some results of the study show, however, that there could be fertile ground for a more balanced use of the two languages.
This issue is a matter of concern to the responsible authorities, who have reflected and conducted brainstorming sessions on how to improve the situation. In November 2002, the New Brunswick Federal Council organized an important conference in Dieppe on language of work. One of the highlights of the event was the speech given by the President of the Treasury Board on the challenges to be met and approaches that could be taken to promote the official languages in the public service. The Commissioner was pleased to note that the President repeated many of the proposals that she made to the government in the fall of 2001.
Pursuant to one of the Commissioner's recommendations, the Canadian Centre for Management Development brought together senior public servants and representatives of central agencies for a round table to reflect on concrete actions that the government and managers should take to improve the situation.
In the Commissioner's view, the government has a good understanding of the status of the official languages in the workplace. It is now time for action.
A bilingual workplace is possible when it is based on the harmonious, effective coexistence of Anglophones and Francophones who want to contribute through their work to the development and vitality of both linguistic communities and encourage linguistic duality in Canadian society.
EVERY OMBUDSMAN NEEDS THEM
Complaints are essential to an ombudsman's work, without them, he/she would have a hard time protecting the rights of citizens. This is why the Commissioner encourages the public and employees of federal institutions to lodge complaints when they deem it necessary. These complaints help the Commissioner uncover the inherent difficulties in implementing the Official Languages Act. They also afford her an opportunity to monitor the quality of the services provided to citizens and to work with the federal institutions involved to rectify situations when necessary.
The annual report provides an in-depth analysis of the complaints. Here is a sampling:
- the Commissioner received 1,330 complaints between April 1, 2002 and March 31, 2003, an increase of 9 percent over last year;
- nearly 77 percent of the complaints (1,021) were deemed to be founded;
- more than three-quarters of the complaints were lodged by Francophones;
- the number of complaints lodged by Anglophones nearly doubled compared with the previous year.
The ten most affected institutions, including Air Canada, Canada Customs and Revenue Agency, Human Resources Development Canada, and Canada Post Corporation, have mandates involving close contact with the public.
The annual report also states that the Commissioner receives some complaints every year about the inequitable representation of Anglophones and Francophones in the public service. Other complaints pertain to federal institutions that fail to comply with the federal government's commitment set out in Part VII of the Official Languages Act with regard to the development and vitality of the Anglophone and Francophone minorities in Canada.
Finally, the report discusses the locations of the contraventions based on the complaints received, the institutions involved and those most affected. It also designates complaint categories: language of work, services to the public, and the language requirements for positions.
A CONSTANT PRIORITY: OFFICIAL-LANGUAGE COMMUNITIES
There are many areas in which the Commissioner is especially involved, but one has remained a priority since she first took office: official-language communities. Her commitment to them can be seen in the following examples, taken from this year's annual report.
EDUCATION: ACTIVE PARTICIPATION BY EVERYONE
The government's action plan calls for certain measures to help official-language schools outside Quebec recruit and retain as many students as possible. Dr. Adam firmly believes that the government must do more if it wants the proportion of the eligible students registered in French-language schools to reach 80 percent by 2013. She has urged the responsible authorities to develop a national target-student recruitment plan for French-language schools. Enrolment in these schools has levelled off over the last 10 years at about 54 percent of the target population.
In September 2002, the Commissioner organized a brainstorming session on this issue that brought together leaders from government and the networks of school boards, parents, teachers and members of faculties of education. The participants developed a national plan for expanding French-language education that can be implemented under the new Official Languages in Education Program. Recommendation 5, which is included in the Commissioner's list of recommendations in the appendix to the annual report, is intended to foster intergovernmental cooperation that is absolutely essential in this area.
NUNAVUT: A CASE TO MONITORIn 2002, the Government of Nunavut introduced an education bill that attracted the interest and concern of the territory's Francophone community. At public consultations in support of the leaders of the Francophone community, the Commissioner pointed out to the members of Nunavut's Standing Committee on Health and Education that the proposed system failed to comply with section 23 of the Canadian Charter of Rights and Freedoms.
As a result, the Government of Nunavut decided in March 2003 to postpone passage of the bill. In view of the concerns expressed by the Francophone community, the government showed leadership by accepting the recommendation of the Standing Committee on Health and Education and withdrawing the bill from the order paper. It decided to take the time needed to develop legislation that better responded to the aspirations of the various linguistic communities in Nunavut.
ROZANSKI REPORT
In December 2002, a working group chaired by Mordechai Rozanski submitted its final report on the fairness and equity of funding in the Ontario school system. Dr. Adam took part in the consultations in 2002 and underlined the importance of two key objectives to support Franco-Ontarian school boards: 1) achieve academic results equivalent to those of the majority and stop the gradual erosion of Francophone communities in Ontario; 2) invest the resources needed to do this. The working group took up the Commissioner's views and recommended to the Ontario Ministry of Education that it "amend the funding formula to ensure that each of the grants in the formula recognizes the higher costs faced by French-language boards in delivering education programs and services."
HEALTHNot a day goes by without the major media in the country discussing one particular national priority: health. Dr. Adam continually emphasizes that the definitive proof that a health system is working well can be found in its ability to provide quality care quickly in the official language of the patient's choice. The annual report touches on some of the progress that has been made in this area, including the formation of La Société Santé en français in December 2002. The purpose of this organization is to implement the action plan on health of the Comité consultatif des communautés francophones en situation minoritaire and to improve French-language health services in Canada. The committee identified three main areas:
- networking;
- training;
- access to primary care in the minority language.
The committee's work set the stage for a number of government initiatives, which the Commissioner supported.
When the Romanow Commission published its final report, it was clear that its members had taken the needs of the minority communities into account, as the Commissioner had reminded them to do after the interim report was published.
ENLIGHTENED LEADERSHIP IN NEW BRUNSWICK
This Atlantic province is setting the tone for the entire country. The last year, New Brunswick adopted a new Official Languages Act and the City of Moncton passed a motion declaring itself officially bilingual. The new provincial act extends the rights and obligations of the official language communities in the province. In addition, the position of Commissioner of Official Languages of New Brunswick was created.
HEALTH CARE FOR ANGLOPHONES IN QUEBEC
The Commissioner took a very close interest in the work of the Consultative Committee for English-Speaking Minority Communities in Quebec and especially in the report it submitted to the federal Minister of Health in December 2002. This report contained a comprehensive plan with a series of coordinated government and community measures to improve social services and health care for English-speaking communities. Dr. Adam hopes that the plan will be implemented and believes that it will help to re-invigorate these communities.
The annual report also addresses a number of other activities and initiatives regarding health services in minority communities. In her sixth recommendation, addressed to the Minister of Health, the Commissioner emphasizes the duties of the federal, provincial and territorial governments to support the development of health care and health services that meet the needs of official-language minority communities.
The Commissioner takes a keen interest in all aspects of linguistic duality everywhere in Canada, whether saving churches that are part of our heritage (diocese of London, Ontario) or bilingualism in the national capital. Once again, the annual report shows that the promotion of linguistic duality can take many shapes and forms, all of which are vitally important.
FINAL WORD
A final word before leaving.
INFOACTION will return shortly with articles showing that bilingualism has a name in Canada. It is Alexandre or Katharina or Pascal or Trevor or Waheed or Zora! You will see...
This edition of INFOACTION does not claim to cover all the issues raised in the Annual Report 2002-2003. You may explore them by reading the full report.
Throughout the year interest will be high in the implementation of the Action Plan for Official Languages. Returning to the analogy of the orchestra conducter, one may follow the federal government's "performance" very closely then decide.
Let us hope, as the Commissioner does, that the orchestra will earn a few curtain calls!
Appendix
COMMISSIONER'S RECOMMENDATIONS
Recommendation 1
The Commissioner recommends that the federal ministers responsible:
- establish an evaluation framework to assess the measures taken pursuant to the action plan as well as the results obtained;
- establish a framework for intergovernmental cooperation to encourage and facilitate federal cooperation with the provinces and territories regarding official languages;
- design a strategy for ongoing consultation and dialogue with official language majority communities to include them in efforts to enhance linguistic duality, especially as regards the promotion of bilingualism among Canadians.
Recommendation 2
The Commissioner recommends that the House of Commons and Senate committees on official languages:
- continue to closely monitor the actions taken regarding the Action Plan for Official Languages and annually convene the key individuals responsible for its implementation in order that they may report on measures taken and the results obtained.
Recommendation 3
With regard to the modernization of human resources management, the Commissioner reiterates and expands her 2001-2002 recommendation that the President of the Treasury Board:
- establish a plan to fully integrate linguistic duality into the activities and culture of the federal Public Service
- by completing the revision of official languages policies and regulations in order to emphasize principles and values rather than rules;
- by establishing an implementation schedule that takes into account the timeline proposed by the Commissioner for progressively eliminating non-imperative staffing;
- by setting up a program to sensitize and mobilize public servants with respect to their rights and responsibilities in putting linguistic duality into practice;
- by strengthening public service leadership regarding linguistic duality while taking into account performance and ensuring that, upon their appointment, individuals named to senior positions are aware of the value of linguistic duality;
- by entrusting language training to the new Canada School of Public Service.
Recommendation 4
The Commissioner reiterates the recommendations of her 2002 study of the senior Public Service.
She recommends that the Clerk of the Privy Council:
- require deputy ministers and associate deputy ministers to have the same level of bilingualism as that required for other EXs in the Public Service and implement a formal language evaluation system.
She recommends that the President of Treasury Board and the President of the Public Service Commission ensure that:
- imperative staffing be normally required for assistant deputy minister positions open to candidates from outside the Public Service and that the appointment of candidates who do not meet the language requirements of the position be viewed as an exception.
Recommendation 5
The Commissioner recommends that the Minister of Canadian Heritage:
- encourage 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;
- table an annual report on progress achieved nationally before the parliamentary committees on official languages.
Recommendation 6
The Commissioner recommends that the Minister of Health:
- 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 7
The Commissioner recommends that the Minister Responsible for Official Languages:
- examine and take all measures available to him so that the Capital of Canada will be declared officially bilingual.
The Commissioner reiterates the following two recommendations from her 2001-2002 Annual Report which were not implemented:
Recommendation 8
The Commissioner recommends that the Prime Minister:
- give the Ministerial Reference Group on Official Languages the status of a permanent committee, in order to stimulate leadership at the highest levels and to support implementation of the Action Plan for Official Languages.
Recommendation 9
The Commissioner recommends that the government:
- clarify the legal scope of the commitment set out in section 41 of the Official Languages Act and take the necessary action to effectively carry out its responsibilities under this provision.


