Looking at the Past for a Better View of the Future

This issue of Infoaction pays tribute to the outgoing Commissioner of Official Languages. Dr. Dyane Adam was appointed to the position by Parliament in 1999; her seven-year mandate will end this July. Dr. Adam is a scholar and trained psychologist who has drawn on her experience to analyze Canadian society in terms of its linguistic duality and to communicate this duality to Canada’s citizens and decision-makers.

She began her mandate with the firm intention of contributing to Canada’s development. In her view, linguistic duality and cultural diversity weave the “social fabric” of our country. Dr. Adam felt that the best course of action was to make the Office of the Commissioner of Official Languages an agent of change to strengthen this social fabric. Under her direction, the Office of the Commissioner was itself transformed.

Linguistic duality has made significant improvements and was taken to new levels. However, Dr. Adam feels that more can and must be done. In this account of her time as Commissioner, she looks back over the accomplishments, reflects on the wishes that there was not time to realize, and speaks of the challenges to come.

Dr. Adam has spelled out her own vision of the role of the Office of the Commissioner of Official Languages, but she believes that the overall results achieved are due to a group effort. “Our expectations, our goals, our activities, our plans…” She is always sure to mention her team when discussing accomplishments.

The following pages tell the story not only of her experiences, but of what she has achieved along with her colleagues.

The Texture of Canada

A fabric is woven of many threads. Those of us who speak English and those of us who speak French—ourselves made up of many different elements—have joined together to weave a social fabric called Canada. The golden fabric at the centre symbolizes the meeting place of our two linguistic communities and the richness of the dialogue between them.

 

Is Keeping Watch Enough? No way!

The role of a commissioner is often that of an overseer. But that is only part of the job for a Commissioner of Official Languages, says Dr. Adam. She sees her role as being an agent of change that energizes Canada’s linguistic duality. From the outset, she has worked to make her position a force that galvanizes the people who give effect to this duality—one that is made up of laws and principles, but also of institutions and citizens.

“Institutions and the people within them sometimes see the Commissioner as a threat. We feel it’s important not simply to be a watchdog, but to influence parliamentarians, public service employees and citizens so that they share and express the Canadian vision of linguistic equality.”

When she began her mandate, Dr. Adam felt that the official languages policy was floundering. Simply monitoring the policy and hearing complaints amounted to a laisser-faire approach. This is why she wanted to broaden the scope of her office.

“At the time, we had to start by putting official languages back on the government’s priority list so that it figured in government decisions. Then we had to require concrete and ongoing results,” says Dr. Adam. Monitoring was not enough. The Commissioner had to take action.

At first, she reached out to as many people as possible. “We had to get key stakeholders involved. We had to mobilize elected officials, administrations, parliamentarians and citizens,” stressed the Commissioner.

Dr. Adam felt that her best approach would be to work directly with the key stakeholders, and she arranged to meet with them in person.

Immediately after being appointed, she held a nation-wide round of consultations, inviting stakeholders to her office or travelling to meet them. By the end of this exercise, hundreds of leaders from both official language communities and all levels of government in each province and territory had a better understanding of her role and the language issue.

Her goal was clear: to make the Office of the Commissioner and Canada’s linguistic duality a top-of-mind issue for stakeholders.

The next step was to examine Canadian society, including the federal administration, from the perspective of linguistic duality.

“We had to build a convincing arguments by accumulating firm evidence,” says Dr. Adam. To do this the Office of the Commissioner increased its research efforts. It also drew on external studies such as the Fontaine report on the devolution of responsibilities from the federal government to the provinces, Senator Jean-Maurice Simard’s comprehensive review of language policy, and the Savoie report on the implementation of Part VII of the Official Languages Act.

Observing Canadian society did not mean just pointing out the gaps in the official languages. “Our research also attempted to pinpoint opportunities for action. Sometimes it takes insight to seize an opportunity. Change is often a question of timing,” says the Commissioner.

Prevention was another goal of the Office’s research. By understanding society and monitoring its development, problematic issues can be rectified before they arise. This awareness is essential to ongoing and rapid action. “We have to act rather than react, be proactive rather than reactive. I believe we have managed to do that,” adds Dr. Adam. To become an agent of change, Dr. Adam believes that the Office of the Commissioner had to be imaginative, and eclectic. The obstacles to implementing linguistic duality are highly complex and varied. “Each institution has its own culture. You have to understand it in order to find the right solution. There is no cure-all. There is a wide range of possible approaches, and you have to adapt,” says Dr. Adam. In a nutshell, each problem has its own solution.

Like a therapist, the Office of the Commissioner has to monitor whether the chosen approach is effective. Is the department or the agency making progress? Great! If not, it will need regular “check-ups.”

Finally, change depends on certain factors that can produce a chain reaction.

“First, stakeholders must agree to change. It is as though we were treating a person who needs help, but does not recognize it,” explains Dr. Adam. “Then the Office of the Commissioner has to act on several fronts at once; it must implement a range of different measures. We take a careful reading of the situation and create the impetus for action. Then there is an overall mobilization. That is when leverage takes place, and everything tips to a more positive state.”

Her ultimate wish is for this positive state to be actively supported like “long-term therapy” so that change is sustainable.

THE OFFICE OF THE COMMISSIONER HAS TO ACT ON SEVERAL FRONTS AT ONCE.

Putting Our Finger on the Problem

“The effort to achieve a ‘zero deficit’ in the federal government has resulted in many government transformations, whose impact is already contributing to the erosion of available services.”

Making a commitment to change implies that you know what has to be changed. The starting point was the 1999–2000 annual report, which presented a straightforward and rigorous diagnosis of the state of official languages in this country.

First, federal institutions were not taking initiative that went consistently along the lines of the Official Languages Act. They seemed to have forgotten that their actions were to be guided by the legislation. In the Commissioner’s view, the situation basically amounted to serious neglect or a blatant lack of leadership.

The Government Surges Ahead

The government was making little progress on its own. This was the message that emerged from Dr. Adam’s first annual report. If subsequent annual reports were to deliver better news, there must be an end to the inertia. The endless litany of gaps and failures had to be replaced with results.

“We created a sense of urgency. The government felt obliged to take action.” As subsequent events confirmed, change could be created through a frank and realistic diagnosis and by invoking the various roles of the Office of the Commissioner.

The complaints deemed founded reveal the symptoms. Each one highlights negligence for which citizens pay the price. By looking into complaints, we can therefore establish there was a mistake somewhere.

Auditing lets us repair the cracks in the system before they get worse. It can shed light on deeprooted problems in government operations that specific complaints cannot always reveal.

The Commissioner’s monitoring role allows her to identify obstacles and contact decision-makers at the right time. By getting involved when legislation and policies are being drafted, the Commissioner can also ensure that institutions stay on track.

By combining these various roles, the Office of the Commissioner can act on several fronts at once and not only solve problems but also prevent them.

“The government took charge of the issue and promoted change,” says the Commissioner. Since 2000, the government has strengthened its commitment. The measures it has taken can correct past negligence, improve its own governance and open new horizons for communities.

First, the government delegated the coordination of official languages to one minister. Linguistic duality was given its own spokesperson and advocate in Cabinet, whereas it had previously been dispersed among the programs of several key institutions, including Canadian Heritage and Treasury Board.

Citizens Really Do Have Power

“Citizens can express themselves in legal cases through one of the Commissioner’s roles—receiving and hearing complaints—and through other mechanisms. There are many ways to express oneself.”

In a perfect world, all just laws and social ideals would materialize spontaneously. These benefits would fall on citizens like manna from heaven. Unfortunately, this idyllic world does not exist, either in official languages or elsewhere.

Citizens must often take charge of their own affairs and ensure their rights are respected.

“Citizens must use the services available. They have responsibilities that cannot be delegated. No one can do it for them, neither the Office of the Commissioner, nor the government,” insists Dr. Adam.

What at first glance seems like a duty is, in fact, power when it comes to linguistic duality. Over the last few years, many examples have proved this point.

When an English-speaking resident of New Brunswick wanted to watch the House of Commons debates on the Cable Public Affairs Channel (CPAC), he had an unwelcome surprise: no English-language interpretation was available. Since he could not understand what the Francophone MPs were saying, he complained to the Office of the Commissioner; the case was later brought before the courts.

In August 2003, the federal government asked the Canadian Radio-television and Telecommunications Commission to require most cable providers to broadcast the debates of the House of Commons on two separate channels, one in English and the other in French.

Another telling example is the story of a unilingual traffic ticket. A citizen complained about a ticket written in English only that was issued at the Toronto airport under a federal law. The Government of Canada had delegated the responsibility for ticketing to the Province of Ontario, which, in turn, had delegated it to the municipality. The Official Languages Act had been ignored in the devolution process. The Office of the Commissioner of Official Languages was successful in the resulting court case. “Where rights are concerned,” concludes the Commissioner, “you either use them or lose them.”

That being said, citizens do have means other than the courts for taking action. As Dr. Adam emphasizes, “Citizens can have their say in legal cases through one of the Commissioner’s roles—receiving and hearing complaints—and through other means. There are many ways of making oneself heard.”

Although they are an effective tool for change, complaints remain primarily a means of defence. You make a complaint when you feel you have been wronged. But Canadians can be more proactively involved, according to Dr. Adam. “Citizens who make up communities are not victims. They are persons with a capacity to act, think for themselves and get involved.”

The Office of the Commissioner promotes duality by encouraging active public involvement through its liaison, education and promotion roles. It aims to foster autonomy within communities, which have the power to take things into their own hands and develop the tools they need to ensure their vitality. “That is how you build involvement,” adds the Commissioner.

Immigration is a good example of how relevant these roles are.

The Commissioner has emphasized the importance of immigration in supporting the development of minority-language communities. And these communities, as well as the federal government, have heard the message loud and clear. The Société franco-manitobaine, for instance, has created a position to help meet new immigrants’ needs more effectively. As well, with government support, the Carrefour d’immigration rurale has been established in the community of Saint-Léonard in New Brunswick.

As these examples show, citizens have real power that the Office of the Commissioner can foster through its various roles. “Citizens can take action in their communities, request services from and communicate with the government in their own language. They can also elect parliamentarians who believe in duality and the official languages,” says Dr. Adam.

The democratic process, too, can serve to promote duality. Francophone athletes proved that point early in the decade. The Office of the Commissioner learned that they were not receiving training in their own language after two Members of Parliament complained on their behalf. The Office intervened and advocated for their rights.

“Action by elected officials is action by the people who chose them as their representatives and as supporters of linguistic duality,” concludes the Commissioner.

The Challenge of Bill S-3: A Law with Teeth

Part VII of the Official Languages Act used to be seen somewhat as a statement of principles that the government followed nominally. As of the November 2005 passage of Bill S-3 amending the Act, however, this legislation now has teeth. Citizens who feel their linguistic rights have been infringed and who have exhausted all other avenues (including complaining to the Office of the Commisioner of Official Languages) can now apply to the courts for remedy under Part Vll of the Act.

Dr. Adam pointed out that “legal procedures are now among the mechanisms available to promote linguistic duality and the development and vitality of French-speaking and English-speaking communities.”

This amendment gives Part VII of the Official Languages Act the clarity and muscle that it had previously lacked. The bill, sponsored by the Honourable Jean-Robert Gauthier when he was a Senator, gives new life to this part of the Act, which the Commissioner had described as somewhat ambiguous in her first annual report. Also, the new provisions address her recommendations that the legal scope and commitment provided for in section 41 of the Act be made more specific.

“The government did not agree with us about the scope of Part VII of the Act. It maintained that it was solely a political commitment and that its application was left to the discretion of federal institutions. We felt that all institutions should forge ahead and take the necessary measures on their own initiative,” says the Commissioner.

In the end, Parliament did what had initially seemed impossible: it amended the Official Languages Act, a landmark piece of legislation that no one wanted to touch for fear of sparking public debate. “To everyone’s surprise, it was done calmly, easily and without controversy.”

However, this victory for Canadian democracy will be meaningful only if it truly helps to assert linguistic duality. As Dr. Adam emphasizes, “Citizens must make use of this new approach if its potential is to be realized. Communities now have a legal tool that recognizes the federal government’s obligation to take positive measures and help them flourish and develop. They must keep this in mind.”

This strong, clear legislation now provides a framework for the Canadian government’s promotion of linguistic duality. Duality has become more than a political statement or a matter of principle. “In practical terms, federal institutions will have to foster links with the communities. Forums and roundtables, for instance, could help them understand the communities more fully and better meet their needs,” explains Dr. Adam.

Supported by an amended law, Canada will be in a better position to enhance both official languages. Government authorities will have to review their programs and activities in light of the new provisions of the Act and adapt them to the specific requirements of linguistic duality.

These activities would be complemented by a comprehensive awareness and education program for public servants.

“Fully realizing the goals of the Official Languages Act requires not only a commitment on the part of government and minority-language communities, but also the involvement of Canadian society as a whole. We can count on several key players to help promote linguistic duality, such as Canadian Parents for French, French for the Future, the Canadian Association of Immersion Teachers and the Canadian Association of Second Language Teachers,” says the Commissioner.

These are just a few of the stakeholders that are team players with the Government of Canada in a concerted move towards full recognition of linguistic duality. The federal government must also work closely with the provincial governments.

The Office of the Commissioner of Official Languages is itself subject to these new provisions. It will have to ensure that the entire federal administration understands and acts on its obligations.

“Ultimately, these amendments form another chapter in a history that began with the birth of Canada. Linguistic duality is achieved over time,” concludes Dr. Adam.

Unfinished Business

“It was not the success I had hoped for…”

That is how Dr. Adam describes the commitment of some federal institutions. Early in her mandate, she had hoped to develop a certain culture of duality throughout the whole machinery of government. She sought to have all “key sectors” of government voluntarily integrate linguistic duality into their procedures and decisions. Today, Dr. Adam feels that progress remains incomplete. “We did not really manage to get all the key sectors involved.”

In too many cases, the public service has difficulty respecting linguistic equality. As Dr. Adam explains, “For everyone to flourish in their own language, it is not enough to simply apply the rules. We have to respect the spirit of the Act. Unfortunately, that is not yet the case.”

The Commissioner points to the government as an employer and highlights the significant role it has to play. That role goes beyond just following the letter of the law. “Respect for and promotion of duality should be the philosophy of public service employees. Their role is to serve all citizens. And these citizens may speak either English or French,” she adds.

How can the required changes be achieved? That responsibility falls to both the Office of the Commissioner and the federal institutions. As Dr. Adam states, “Federal institutions must change their attitude. They must demonstrate more leadership and greater openness. They must embody linguistic duality in their everyday operations, and move from a culture of routine service to a culture of service excellence.”

Much remains to be done. For instance, the concept of bilingual markets is largely accepted in the field of television broadcasting. Cable broadcasters now offer the Quebec channel TVA as part of their basic package. But TFO, Ontario’s French-language public station, is carried by only certain broadcasters and is not available across the whole of Canada.

Shouldn’t an officially bilingual country have a capital that reflects that fact? That is a sore point. Ottawa provide some services in French, but municipal authorities and the Government of Ontario still resist converting the contry’s capital to official bilingualism.

“Small steps have been taken over the past seven years, but there is more to do. Our federal capital must embody the bilingual character of the country more fully. Ottawa is not just any city in Ontario. It is the capital of Canada,” says Dr. Adam, who notes the federal government’s lack of leadership in this respect.

The Commissioner is also concerned about delays in implementing the Action Plan for Official Languages. Although progress is being made with regard to immigration, health and justice, results are slow to appear in education. Agreements between the federal and provincial governments are lagging, and planned investments are behind schedule in certain sectors. According to Dr. Adam, “The plan will not achieve its goals if this situation continues. Departments involved in implementing it will have to work twice as fast to make up for lost time.”

A Window on the Future

“That’s the approach I would take now; time teaches us things.”

Change is achieved through results–not processes, words or plans, although these are all necessary. Dr. Adam made this point forcefully during her mandate.

After seven years as Commissioner, spent keeping watch, encouraging the country to expand duality, and trying to win over the less committed parties, she has learned that government action means nothing if it does not benefit citizens. The Commissioner illustrates her point by explaining that “you can use a number of different construction methods to build a house. But no matter which one you choose, the important thing is to build with good materials so that the house is comfortable and meets peoples’ needs.”

Actions must be guided by the intended results. Dr. Adam explains how she would put this concept into practice. She would create comprehensive, multidisciplinary teams in various fields to deal with difficult cases. Institutions that drag their feet would be made to sign commitment contracts. “Are you ready to sign this contract? Great, let’s get started!”

More concerted efforts must be made to achieve the ultimate goal of linguistic duality. But this is a challenge rather than an obstacle. In fact, it can serve as a springboard towards completing the task.

However, the Office of the Commissioner should not limit its activities to prodding stubborn institutions. The Official Languages Act affects all facets of citizens’ lives. The Office must therefore broaden its scope. Its influence extends much further than ensuring postage stamps are issued in both languages. Dr. Adam goes on to describe the measures introduced during her mandate and where they could lead.

The Action Plan for Official Languages has a central role in strengthening duality. From the language of work to the place of English and French in society as a whole, the government can act on an unprecedented scale. But all stakeholders must do their share.

The Commissioner dreads delays, especially in education. “For example, Canadian Heritage will have to work with the provinces to speed up implementation of their agreements so that the allocated funding can be invested on schedule.”

The health sector is also progressing well under the Action Plan. However, given the scope and complexity of the work involved, there is no place for inertia. “Minority communities need services that meet their specific needs. Some of these communities, such as Anglophones in the Eastern Townships, have to deal with an aging population. Others, like the Francophone community in the Acadian Peninsula, face a social crisis because their main industry has declined.”

If Canadians had to trade their language rights for the right to health care, the country would give a low priority to linguistic duality. “And yet, there is a clear link between health and the social, economic and cultural vitality of official language communities... Health is a tangible, day-to-day reality.”

To promote progress in all areas of the Office of the Commissioner’s mandate, Dr. Adam stresses the need for more sustained and focussed action. “I think that departments are often unsure of what to do. It is perhaps unrealistic to believe that a mere report will be enough to trigger change. More is needed.”

She also believes that the Office of the Commissioner should continue to embrace a culture of change. As she explains, “You cannot expect others to change if you, yourself, don’t change”. She would have liked to expand her diagnosis and study the culture of departments and agencies in greater depth. “That’s the approach I would take now; time teaches us things.”

In her mind there is no doubt that Canada, with its changing face, should “rely on a unique and comprehensive body of citizens that communicates in two official languages.”

On the other hand, she approves of the developments over the past year. “It was a landmark year, which allowed us to put official languages on the agenda of all federal institutions and give Canada a unique chance to enter a new phase.”

This phase should move Canada towards the full integration of linguistic duality, both in its institutions and in society at large. The Commissioner’s last annual report focusses on this goal.

It is time that all Canadians received government services in the official language of their choice. This is why Dr. Adam recommends that relevant regulations be amended to meet today’s needs.

She wants to see the implementation of Part VII of the Official Languages Act better defined. The government must work more closely with communities so that it can better track their development. The results of policies and programs must be measured and government agencies and departments held accountable.

Finally, Dr. Adam hopes for a more open dialogue, based on mutual trust, between the Minister responsible for Official Languages, the institutions concerned and stakeholders.

Her last annual report—tabled in May—sums up her experience at the head of the Office of the Commissioner of Official Languages. It suggests options for action and illustrates the approach she has promoted during the last seven years.