EXAMEN DES INSTITUTIONS - SERVICE CORRECTIONNEL CANADA
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Observations and Recommendations (cont.)
5. Monitoring the application of the Official Languages Act in relation to health care
The only mechanism that could be used, to some extent, to monitor compliance with CSC's linguistic obligations is a directive that allows offenders to submit a complaint or grievance concerning issues that are under the authority of the CSC Commissioner. However, this directive does not mention any complaints concerning official languages, which considerably diminishes the usefulness of this mechanism with regard to language issues.
Therefore, we find that CSC does not satisfy this audit criterion.
| Recommendation 26 |
| Recommendation 27 |
6. Third party transfer agreements in accordance with section 25 of the Official Languages Act, monitoring mechanisms and institutional transfers
Compliance with section 25 of the Official Languages Act:
CSC health sectors sign contracts to obtain services from such professionals as physicians, nurses, psychologists, dentists, optometrists, dieticians, X-ray technicians and pharmacists.
The special conditions in the contracts used in all institutions in New Brunswick and Quebec vary considerably.
In New Brunswick, some agreements require health care professionals to respect the laws, regulations and applicable rules in the exercise of their duties. The laws, policies and directives, including the Standard Operating Practices (087) on Official Languages, are posted on the Department's Web site. The information gathered shows that, when the health care professional is unable to provide bilingual services, the contract specifies that services must be provided in both official languages either by the contractor or his or her assistant. We do not consider the actual wording of these clauses sufficient.
In cases where there are no language requirements in the contract and the health care professional is unilingual, service in the patient's official language of choice can still be provided by a bilingual CSC staff member (nurse) "if a client requests French services." Yet, in accordance with section 28 of the Official Languages Act, bilingual institutions must actively offer their services in both official languages and not wait for offenders to ask to be served in the language of their choice.
In Quebec, some agreements set out a requirement for service in both official languages, but it does not clearly state the linguistic obligations of the health care professional. In other cases, the contracts contain a language clause that implies that services must be provided in the language of the patient only when it is "requested by the client." Again, we remind the Department that in accordance with section 28 of the Official Languages Act, bilingual institutions must actively offer their services in both official languages.
CSC must insert an appropriate language clause in its agreements with health care professionals in Quebec and New Brunswick that clearly states the requirement of service in both official languages.
Moreover, there are no mechanisms in place in the institutions to ensure that people hired on contract have the required language skills, with the exception of the Drummond and Montée Saint-François institutions in Quebec. At both institutions, health professionals must pass the Public Service Commission language test in order to be hired. We also noted that there are no monitoring mechanisms to assess the quality of services provided in both official languages by contract employees.
Operating agreements: CSC has signed an agreement with the Institut Philippe-Pinel in Montréal, Quebec, to provide acute care to inmates suffering from mental illness and personality disorders. The agreement includes an appropriate language clause.
In view of the preceding, we find that the Department does not satisfy the audit criterion concerning language clauses in agreements and associated monitoring mechanisms.
| Recommendation 28 |
| Recommendation 29 |
| Recommendation 30 |
