Ottawa, June 4, 2002
Notes for an address to the Sub-Committee on the Study of Sport in Canada
of the Standing Committee on Canadian Heritage
as part of its consideration of Bill C-54
Dr. Dyane Adam - Commissioner of Official Languages
Check against delivery
Mr. Chair:
Members of the Sub-Committee:
Thank you for giving me the opportunity today to comment on Bill C-54, An Act to promote physical activity and sport.
It is my job as Commissioner of Official Languages to do everything I can to ensure recognition of the equality of status of our two official languages in federal institutions, and the promotion of that equality in Canadian society.
The discussion paper entitled Building Canada through Sport, presented at the spring 2001 National Summit on Sport, noted the importance of physical activity and sport as factors in societal cohesiveness. Physical activity and sport make it possible to forge closer links among various stakeholders and to bring together participants from both official language communities. The Salé Pelletier pair, as well as our national women’s hockey team, are certainly striking illustrations of how we can pull together: representatives of our two language groups striving together for a single Objective, their success transcending our differences and reflecting well on Canada as a whole.
Given the importance of physical activity and sport in Canadians’ lives (over 8 million Canadians practise sports), it is essential that this bill, aimed at creating a strategic framework for federal government policies on physical activity and sport and at defining the measures the Minister may take to that end, reflect the fundamental values of our society, including the value of linguistic duality.
As early as the 1990s, a working group reporting to Canada’s minister responsible for sport identified problems in providing services in French, as well as significant barriers to full participation by Francophones in various sport activities.
A few years later, the 1998 report by your Sub-Committee, chaired by Mr. Mills, recommended that “the Government of Canada ensure the development and delivery of services and programs in both official languages.” That report also acknowledged that sport is an important facet of our culture.
In this regard, I am delighted to see that the Chair of your Sub-Committee has always demonstrated sensitivity to the official languages aspect of Canada’s sport system. A 1998 study by your Sub-committee chaired by Mr. Mills, recommended that “the Government of Canada ensure the development and delivery of services and programs in both official languages.” That report also acknowledged that sport is an important facet of our culture.
As well, a study published by my Office in June 2000 pointed out that the problems noted in the two reports I mentioned persisted. Francophones, who accounted for only 18% of top athletes, were concentrated in only a few sports. As well, training and a number of essential support services such as health care, psychological care and sport science, were unavailable in French in many sport disciplines. Although some progress has been made, particularly concerning the language requirements to be respected by the national sports organizations, the extent of the catching-up that needs to be done still calls for major effort.
Thus it appears that the Chair of your Sub-Committee and a number of other parliamentarians share my Office’s view, a situation I am pleased to note. It is time for new legislation, in the form of this bill, to reflect properly the official languages dimension of Canada’s sport system.
Although Bill C-54 does contain some provisions on the official languages, I consider these clauses insufficient in light of the importance of linguistic duality and the scope of the federal government’s obligations under the Canadian Charter of Rights and Freedoms and the Official Languages Act.
The passage of new legislation is an excellent opportunity to strengthen the framework that upholds government activities in the field of sport, by ensuring that linguistic duality forms a solid girder in that framework.
In this regard, I deem it essential that the Preamble to Bill C-54, which defines the government’s commitment, refer to the principle of linguistic duality. This basic feature of Canadian society must be set out in the first paragraph of the preamble, along with the other important benefits of physical activity and sport for Canadians, as follows:
“WHEREAS the Government of Canada recognizes that physical activity and sport are integral parts of Canadian culture and society and produce benefits in terms of health, social cohesion, linguistic duality, economic activity, cultural diversity and quality of life;”
We also consider that the principle of linguistic duality should be included in certain clauses of the bill. For example, given the important contribution of physical activity and sport to forging links among Canadians, it is important that sub-clause 4(2), which sets out the Objectives of government policy on sport, include the following Objective:
“to help bring Canadians, in particular the two official language communities, closer together.”
Clause 5, which sets out the objects of the bill and defines the measures the Minister may take to promote physical activity and sport, does not refer explicitly to the official languages. To remedy this shortcoming, we recommend that the introduction to clause 5 be amended to read as follows:
“5.(1) The objects of this Act are to encourage, promote and develop physical activity and sport in Canada and to provide an environment favourable to the equitable participation of the two official language communities in Canada’s sport system.
(2) In accordance with subsection (1), the Minister may take any measures that the Minister considers appropriate to further those objects, and in particular may...”
Clause 6 deals with a vital component of Canada’s sport system: it authorizes the Minister to provide financial assistance in the form of grants and contributions to any person. Under this provision, the government provides funding to a large number of national sports organizations that support activities in most sport disciplines and greatly contribute to the development of top athletes of both official languages communities. Because our 2000 study noted significant shortcomings in this regard, we recommend that it be made explicit that this power is to be exercise in accordance with Part IV and Part VII of the Official Languages Act. Clause 6 would then read as follows:
“For the purposes of this Act, the Minister may provide financial assistance in the form of grants and contributions to any person, in accordance with Part IV and Part VII of the Official Languages Act.”
Given the prominent role played by the provinces and territories in the field of physical activity and sport, clause 7, which deals with agreements the Minister is authorized to enter into with the provinces and territories, should include a third sub-clause, providing as follows:
“In developing contribution and policy implementation agreements, the Minister shall take into account the needs of the English speaking and French-speaking minorities, in accordance with the Official Languages Act.”
I am pleased to see that the government intends to create a Sport Dispute Resolution Centre that may help find solutions through an extrajudicial mechanism if disputes, including language disputes, arise. I am also interested to see that this part of the bill takes into account a number of principles based on linguistic duality. For example, sub-clause 9(5) states that: “The Centre shall offer its services to, and communicate with, the public in both official languages of Canada.”
One could argue that the Sport Dispute Resolution Centre will be a federal institution within the meaning of section 3 of the Official Languages Act, and thus subject to all the language obligations set out in that Act. That said, in order to avoid any future ambiguity about the extent of the Centre’s language obligations, it is essential that sub-clause 9(5) be replaced with the following:
“The Official Languages Act applies to the Centre as if it were a federal institution.”
This clause would have the Effect of clearly confirming the language rights conferred by the Official Languages Act, particularly concerning services to and communications with the public, language of work, equitable participation by English-speaking and French-speaking Canadians and, lastly, the right to file a complaint with the Commissioner in case of failure by the Centre to fulfil its obligations. This proposed clause is not unusual; it is found in other statutes including the Canada Foundation for Sustainable Technology Development Act and the Civil Air Navigation Services Commercialization Act.
In itself, the passage of this bill will set in motion a societal vision with repercussions for the well-being, and particularly the health, of Canadians. It is therefore important that both communities be treated equitably and that the new legislation not allow for any ambiguity regarding the language obligations it imposes. More than once, history has shown that in the absence of clear legislative provisions Canadians’ language rights are not respected. This point has been clearly made by the three studies I mentioned earlier. The government cannot merely talk; it must act, thus ensuring that inequitable situations for Francophones are not perpetuated.
In closing, I would like to remind the Committee that, according to data presented at the National Summit on Sport, over 90% of Canadians consider that sport strengthens the sense of belonging, at both the community and the national levels. In the January 2001 Speech from the Throne, the government clearly affirmed its commitment to protecting our two official languages and supporting the development of our official language minority communities. Encouraging physical activity and sport is a means for fulfilling this commitment and the amendments I have proposed are aimed at ensuring it takes form in the new legislation.
Thank you for your attention; I shall now be pleased to answer questions.
APPENDIX A
Proposed Amendments to Bill C-54
| AMENDMENT | RATIONALE |
| Preamble | Preamble |
| WHEREAS the Government of Canada recognizes that physical activity and sport are integral parts of Canadian culture and society and produce benefits in terms of health, social cohesion, linguistic duality, economic activity, cultural diversity and quality of life; | Objective:
Effect:
|
| Sport policy - principles 4. (1) The Government of Canada’s policy regarding sport is founded on the highest ethical standards and values, including drug-free sport, the treatment of all persons with fairness and respect and the fair, equitable, transparent and timely resolution of disputes in sport. Sport policy - Objectives (2) The Objectives of the Government of Canada’s policy regarding sport are (a) to increase participation in the practice of sport and support the pursuit of excellence in sport; and (b) to build capacity in the Canadian sport system; (c) to help bring Canadians, and particularly the two official language communities, closer together. | Sport policy - principles Objective:
Effect:
|
| Objects of Act and mandate of Minister 5. (1) The objects of this Act are to encourage, promote and develop physical activity and sport in Canada and to provide an environment favourable to the equitable participation of the two official language communities in Canada’s sport system. (2) In accordance with subsection (1), the Minister may take any measures that the Minister considers appropriate to further those objects, and in particular may [...] | Objects of Act and mandate of Minister Objective:
Effect:
|
| Financial assistance 6. For the purposes of this Act, the Minister may provide financial assistance in the form of grants and contributions to any person, in accordance with Part IV and Part VII of the Official Languages Act. Contribution agreements 7. (1) The Minister, with the approval of the Governor in Council, may enter into an agreement with any province or territory providing for the payment of contributions in respect of costs that they incur in undertaking programs designed to encourage, promote and develop physical activity or sport. Agreements to implement Canada’s policy regarding sport (2) The Minister may enter into an agreement or arrangement with any province or territory respecting the implementation of the Government of Canada’s policy regarding sport. Official Languages Act (3) In developing contribution and policy implementation agreements, the Minister shall take into account the needs of the English-speaking and French-speaking minorities, in accordance with the Official Languages Act. | Financial assistance Objective:
Effect:
|
| Sport Dispute Resolution Centre of Canada Centre established 9. (1) A not-for-profit corporation is hereby established to be called the Sport Dispute Resolution Centre of Canada, in this Act referred to as “the Centre”, which shall include a dispute resolution secretariat and a resource centre. Not an agent of Her Majesty (2) The Centre is not an agent of Her Majesty. Not a departmental or Crown corporation (3) The Centre is not a departmental corporation or a Crown corporation within the meaning of the Financial Administration Act. Status of arbitrator or mediator (4) For the purposes of the Federal Court Act, the Centre or an arbitrator or mediator who provides services under the auspices of the Centre is not a federal board, commission or other tribunal within the meaning of that Act. Both official languages to be used (5)The Official Languages Act applies to the Centre as if it were a federal institution. | Sport Dispute Resolution Centre of Canada Objective:
Effect:
|
