Ottawa, November 2, 1999
Speech delivered to the members of the Standing Committee on Transport
Dr. Dyane Adam - Commissioner of Official Languages
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Chairman,
Members of the committee,
I would like to thank the Chair and the Members of the Standing Committee on Transport for welcoming me here today in the context of its study on the future of the air industry in Canada.
It was very important to me to appear before you today, largely because my mandate requires me to make every effort to ensure recognition of the equal status of our official languages and to ensure that the spirit and the letter of the law are respected. The Official Languages Act applies not only to the daily operations of federal institutions, but also relates to the role these institutions play in promoting English and French in Canadian society. The Act's fundamental objectives are to promote the equality of status of English and French and to provide service in the language of their choice to all members of the public, wherever there is a significant demand.
While your committee's mandate relates primarily to economic issues, one cannot ignore the impact the restructuring of Canada's air transport industry will have on the values and social and linguistic interests of our fellow citizens. In fact, the decisions you make will have a major impact on them and on their sense of belonging.
Being already very concerned by the negative effects of recent government changes on maintaining and respecting linguistic rights, we conducted a study on this matter in 1997. In 1998, a further study, this one at the request of Treasury Board, confirmed our observations, namely that the approach adopted by federal authorities has contributed to "a subtle but cumulative erosion of linguistic rights."
On October 26, 1999, the Minister of Transport, the honourable David Collenette, tabled before this Committee a policy framework for restructuring the airline industry in Canada. This policy clearly states the importance of Air Canada to our national identity, both symbolically and in concrete terms. To quote this report, "Fundamental to the identity of Canada is its linguistic duality. It is a reflection of Canada's unique culture and values that Canadians be able to rely on the national air carrier for service in either official language."
The policy also stipulates that the government will ensure that the Official Languages Act will continue to apply to Air Canada or any future "dominant carrier" and, in addition, that the Act will be enforced. We were of course very pleased to hear this statement. We have already had discussions with the Minister on this issue. The media have also reported my views on this subject. You will recall that in 1988, section 10 of the Air Canada Public Participation Act also provided for the full implementation of the Official Languages Act. At that time, the corporation believed that respecting linguistic rights went hand-in-hand with good business.
Specifically, Air Canada has maintained and still maintains that its regional carriers (which of course are wholly-owned subsidiaries of Air Canada) are not subject to the Act and, moreover, do not represent it. Air Canada also maintains that regional carriers are not required to offer services to the public in both official languages. After numerous unsuccessful attempts to amiably resolve this dispute with the corporation, we filed a request in 1997 to have the matter referred to the Federal Court.
We also made applications to this same court with regard to the ground services offered by Air Canada at Toronto's Lester B. Pearson International Airport and at Halifax International Airport.
I would remind you that, over the last five years, the Office of the Commissioner of Official Languages has received more than 900 complaints against Air Canada and its regional carriers which represents about 15 % of our annual number of complaints. These complaints bear eloquent witness to the degree of importance that the Canadian public attaches to receiving service in the official language of their choice.
It is hard for average citizens to understand why, after buying an Air Canada ticket to fly from Halifax to North Bay, they have the right to use their preferred official language at Halifax airport, but not on the Air Nova flight (a wholly-owned Air Canada subsidiary) between Halifax and Montreal. At Dorval Airport, they can again exercise their right to use the official language of their choice, but only until they reach Toronto. When they leave Lester B. Pearson Airport via Air Ontario (also a wholly-owned Air Canada subsidiary), their linguistic rights vanish into thin air. With any luck, they can be claimed again in North Bay with their luggage. We are convinced that after the current restructuring process, citizens may witness an even greater erosion of their linguistic rights in the airline industry.
Based on the information currently available, we can only speculate on the future of the airline industry.
What shall we do?
We recommend that the Government of Canada ensure, in the context of the restructuring of the airline industry, that the law stipulates that:
the Official Languages Act will continue to apply in its entirety to Air Canada regardless of its structure or to a future "dominant carrier" and
that the regional affiliates and other subsidiaries be subject to Part IV (Communications with and services to the public), Part IX (Commissioner of Official Languages) and Part X (Court Remedy) of this same Act.
Here, for example, is a draft of a new provision that could be included in the new Act:
"The Official Languages Act applies to the new corporation (name to be specified in the Act).
Without restricting the generality of the preceding, with regard to communications with and services to the public, where there is a significant demand, the provisions of Parts IV, IX and X of the Official Languages Act apply to the Corporation's regional carriers and other subsidiaries (such as Air Canada Vacations) as well as to carriers under contract to this corporation, both in their offices and in transit."
Specifically, that would mean that the provisions previously applying to Air Canada would remain unchanged and would be wholly assumed by any new owner.
The obligations of regional carriers affiliated with the "dominant carrier" would essentially involve bilingual service, which would be provided for under the Act. If an individual feels that his rights have been infringed upon, he would be entitled to file a complaint with the Office of the Commissioner of Official Languages and potentially seek court remedy, with assistance from the Commissioner if necessary. This provision would create an incentive for these carriers to do better. As stated, these carriers must serve the public in both official languages in all airports where there is a significant demand (e.g. Halifax, Dorval, Vancouver).
A great statesman once said that "creating a law without enforcing it is tantamount to allowing the very thing that was supposed to be prohibited." We were very pleased to hear that the government intends to ensure the effective implementation of the Official Languages Act. We truly hope that these good intentions become reality, in particular through specific and effective accountability mechanisms which will be defined in this new legislation.
In any initiative to restructure the Canadian airline industry, one must balance considerations relating to competition and profitability with conditions intended to protect the public, whether that means services to small communities or services in both official languages. These concepts are in fact often interrelated. In reviewing the proposals submitted, the members of this committee have the specific responsibility of ensuring continuity and promoting the fundamental aspects of Canadian identity. Our recommendation, in our view, simply recognizes the undeniable linguistic reality that has enriched Canada for over two centuries and that will be one of its greatest assets in the next millennium.
Thank you for your interest in my comments.
