Winnipeg, October 18, 2008
Notes for an address at the Forum on Language Rights in Manitoba
Graham Fraser – Commissioner of Official Languages
Check against delivery
Ladies and Gentlemen,
Thank you very much for inviting me to participate in this reflection on language rights in Manitoba. It is always a pleasure to meet with Manitoba’s Francophone community and you, its leaders, who promote the Francophonie well beyond the province’s borders.
I would be remiss if I didn’t mention the lecture Michel Bastarache gave this morning on linguistic rights. However, I felt he left quite a gap in this presentation as he omitted using the first person singular. He could have spoken about the causes “that I have pleaded” or of the Supreme Court decisions “that I have written”.
After all, it was Michel Bastarache that built linguistic rights caselaw in Canada—as counsel, professor and Supreme Court Justice.
This morning, Mr. Remillard reminded us that Francophones have been present in Manitoba since the 18th century. Since that time, you have been working with the Aboriginal and Anglophone communities to achieve your potential and fully participate in the social and economic life of the province.
Your community remains a source of inspiration for other official language minority communities in Canada. Even without a statutory language regime, you have succeeded in establishing effective mechanisms and structures to enhance your community’s vitality. You can be sure that your many achievements have not gone unnoticed.
This morning’s discussions, which will continue during your Annual General Meeting this afternoon, and in the weeks to come, constitute another step toward affirming the community’s identity and fostering dialogue between the community and key stakeholders. The results of your efforts will help advance Manitoba’s language policy and promote linguistic duality in the province.
In this regard, I would like to speak to you about the importance of leadership in all initiatives toward the recognition and the advancement of language rights. I also want to address the importance of innovation in the area of official languages, something that Manitoba’s Francophone community has already demonstrated. To this effect, I feel it is essential to talk about Francophone spaces and the means for ensuring greater visibility of the Francophone community throughout the province.
1. Federal language policy
In Canada, the recognition of language rights and their implementation have often resulted from political compromises, linguistic crises and legal challenges. This recognition has also required strong leadership by determined people committed to Canadian values. An example that comes to mind is that of Manitobans Georges Forest and Roger Bilodeau—who is with us today. Through their commitment and court claims, they advanced the language rights of Francophones in Manitoba and thus contributed to a favourable climate for initiatives such as the Court Challenges Program.
The federal language policy will celebrate its 40th anniversary next year. Without discussing the last 40 years, I believe that it is important to highlight some of the developmental milestones of this policy, which showcase the importance of strong government leadership.
As you know, the first federal Official Languages Act was enacted by Prime Minister Pierre Trudeau in 1969, but it was thanks to the leadership of Prime Minister Pearson in the early 1960s that the Act came into being. In the midst of a national unity crisis and in the face of rising Quebec nationalism, Pearson recognized the need to address the issue of Francophone language rights. It was at this moment that the Royal Commission on Bilingualism and Biculturalism was born. Its future recommendations would be based on equal status and equal opportunity, which are the pillars of the Official Languages Act as we know it today.
In 1988, Brian Mulroney enacted a new Official Languages Act to ensure full implementation of the rights guaranteed by the Canadian Charter of Rights and Freedoms, especially in terms of bilingual service delivery. But the most important aspect of this new Official Languages Act remains the statement in Part VII committing the government to enhancing the vitality of linguistic minority communities and supporting and assisting their development. Thanks to the determination of Senator Jean-Robert Gauthier and the leadership of parliamentarians and official language communities, Bill S-3 was passed in 2005 in order to clarify the federal government’s obligations to ensure the vitality and development of linguistic minorities in Canada.
2. Provincial linguistic policies
The evolution of the federal language policy has shown that everyone has an important role to play in the advancement and recognition of language rights.
That said, this recognition can take many forms. Provinces have put a variety of models into place. For example, in New Brunswick, the most recent Official Languages Act, enacted in 2002, outlines general obligations for service delivery in French, while also making special provisions for police, health and municipal services.
As for Nova Scotia, it has had, since 2004, a French-language services act that is supplemented with innovative regulations designating which institutions are subject to obligations. In addition to striving to enhance French-language services, the Regulations require institutions to develop French-language service plans. Institutions must report on the progress they have made toward meeting their objectives, and they must take into account the priorities identified by the Acadian and Francophone community during public consultations.
Mr. Boileau has already spoken to you about Ontario’s policy on French-language services. But there are still some interesting things I would like to point out. First of all, the policy considers only the client’s location when determining service delivery requirements. This means that, even when the offices serving clients are outside the designated area, they must still provide service in French. Secondly, municipalities may voluntarily comply with the French Language Services Act.
3. Francophone spaces and innovation
These examples prove that every language policy is tailored to the community it serves. And none of them are perfect. But the approach you will adopt here in Manitoba to improve the current language policy must build on the progress and achievements of the last 20 years. You have already shown that the lack of an official statutory regime has not prevented the Francophone community from achieving its many objectives.
However, I am of the opinion that the government must give greater recognition to your community and to your contribution to social and economic life. The long-standing positive relations that you have had with the provincial government will be an asset in achieving this objective.
In fact, this partnership has led to the creation of the Agence nationale et internationale du Manitoba, which is a good example of the innovative spirit of Manitoba’s Francophone community. It also allows the community to play a leading role in the areas of trade, investment and business immigration. I encourage you to maintain this spirit of cooperation during your discussions with various levels of government, the private sector and the Anglophone community.
Service delivery in French at all levels of government is a major advantage, but the Francophonie must also show its vitality in all aspects of community life. It must be visible. For it is difficult to recognize—or to respect—that which we cannot see.
In 2001, you had developed a strategy to increase Francophone spaces in Manitoba. Once again, you proved that you were on the cutting edge. It was through this strategy that the federal-provincial-municipal partnership for the creation of bilingual service centres was created, an initiative that is the envy of many other communities. It also allowed the Société franco-manitobaine to establish Accueil francophone, which welcomes newcomers to Manitoba and offers them settlement and integration services.
You were at the last Sommet des communautés francophones et acadiennes in June 2007, and you know that the issue of Francophone spaces was still front and centre. A number of strategic results have been targeted for all Francophone and Acadian communities in the country. These concerned every aspect of life, from early childhood to post-secondary education, from public services to the private sector—all fields in which Francophone communities across Canada have left their mark.
To create or expand these Francophone spaces, all levels of government—and all members of the community—must get involved and participate. This includes private businesses that are not subject to the French Language Services Policy. They should be encouraged to provide bilingual services, design bilingual signs, etc., in recognition of the fact that this is an added value for their business.
You are on the right track with initiatives such as the C’est si bon! Ensemble Together branding campaign, which highlights the advantages of bilingualism as an added value among the member communities of the Economic Development Council for Manitoba Bilingual Municipalities. Your efforts are helping to change the image of the Francophonie in Manitoba, and are also making a difference in the private sector. One example that comes to mind is the Federated Co-Op, which is currently building a new gas station in Saint-Norbert and has put up a bilingual sign. A few years ago, this would have been unthinkable in Manitoba.
In addition, Francophone spaces have been growing in size in the last few years. Fifteen years ago, there were only four officially bilingual municipalities in Manitoba. Today, there are 17. And these municipalities are committed to promoting both official languages, thanks in part to the leadership of the Francophone community.
Leadership in the Francophone communities in Canada as a whole is critical to ensuring their visibility. These communities must adopt effective means of communication, including French-language newspapers, and radio and television stations. They must support the cultural environment, which is fundamental to their identity. Of course, Manitoba’s Francophone community already has a good head start in this regard. For example, for over 10 years now, Senator Maria Chaput, with the support of a grassroots team, has campaigning to raise funds to build a permanent home for the oldest theatre company in Canada, the Cercle Molière. Completing such a large-scale project requires leaders and committed individuals. It also requires provincial and federal support. I can attest to the fact that the Francophone community has never been afraid of the hard work necessary for success. So I am sure that this long-term project will soon turn a goal into a reality.
Conclusion
Thanks to your efforts, you have led the Doer government, like others before it, to acknowledge the contribution of the Francophone community to the province’s social and economic life. Manitoba’s population as a whole is more aware of the role played by the Francophonie, not only in your shared history, but also in your prospects for the future.
Your Francophone community has had many impressive success stories. But there is still a ways to go, and the future of Manitoba’s Francophone community is, above all, in your hands.
I want to remind you that it is up to the community not only to choose how to exercise its rights, but also to participate in the process. In his essay The Unconscious Civilization, John Ralston Saul points out that “the individual’s rights are guaranteed by the law only to the extent that they are protected by the citizenry’s exercise of their obligation to participate in society. Rights are a protection from society. But only by fulfilling their obligations to society can the individual give meaning to that protection.”1
I think that this is a vision of citizenship that Manitoba’s Francophone community can easily rally around. Manitoba Francophones have always worked to build a society based on respect and full participation from everyone. It was true in Louis Riel’s day and it still is, thanks to those leaders and members of the community who are working to carve out their rightful place in Manitoba.
In your reflections, I encourage you to think about the values that have won you the respect of your fellow Canadians. Ultimately, what is most important is to keep going forward.
1. John Ralston Saul, The Unconscious Civilization, New York, Free Press, 1997, p. 164.
