Ottawa, November 12, 2004
Linguistic Equality, a Great Partnership
Notes for an address to the
Symposium on “Languages, Constitutionalism and Minorities”
Dr. Dyane Adam – Commissioner of Official Languages
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Introduction
Languages, constitutionalism and minorities. These three terms sum up the challenges for today’s democratic societies.
In Canada, language rights and the protection of English and French-speaking minorities are at the heart of our history and development.
But Canada is changing quickly. Our historic diversity is transformed through immigration into a diversity shaped by migratory flows.
Toronto is a good illustration of Canada’s new face: about 44% of its inhabitants were born outside Canada1 – a larger proportion than in Miami or Sydney, Australia.
Since the adoption of the first Official Languages Act, Canadian society has also undergone other changes, such as the increase in mixed marriages between English and French speakers and the decline of small settlements to the advantage of metropolitan centres. The very notions of Anglophone and Francophone are in flux.
The challenge today, then, is to reconcile our linguistic values with this emerging new society. How can we renew the Canadian linguistic pact to take this new reality into account? How can we go on to the next act of the implementation of language rights?
This symposium is an ideal time to consider these issues. It is also a perfect opportunity to launch the second edition of the book Language Rights in Canada edited by Mr. Justice Michel Bastarache. Here is a long-awaited tool for both professors and students, as well as all those who take the implementation of language rights to heart.
As Commissioner of Official Languages, I would like to contribute to our collective thinking by presenting my vision of creative development for our linguistic duality. I would also like to say a few words about the roles and responsibilities of the various players I imagine to make this vision a reality.
But before turning to the future, I will very quickly look back at the achievements of the past 35 years.
Our Achievements
Of course, there is no need for me to describe in detail the advancement of language rights in Canada. Some of you were its pioneers.
Let us simply recall that our linguistic framework has produced convincing results on many levels. Some will say that the glass is still only half full . . .
It seems all too easy to forget that just 35 years ago the glass was practically empty. There was no Official Languages Act, no Canadian Charter of Rights and Freedoms, no provincial laws or policies guaranteeing services in the minority language. In fact, there was nothing to guarantee, as most of the services we now take for granted did not even exist at the time.
- By adopting and consolidating its linguistic framework, Canada has acquired a flexible, effective tool to manage and protect its diversity while respecting its history.
But to complete the construction of our linguistic structure, we need more than rights. We need to change mindsets and attitudes. We need to promote our official languages not as relics, but as key instruments for our social cohesion and development. We need a strategy for promotion and coordinated planning among the different levels of government. Linguistic equality must become a great partnership that shapes the future.
Vision for the Future: Language Rights for the Next Generation
What I am talking about is a paradigm shift. What I imagine for the future is bilingualism that is truly part of Canadians’ daily lives.
Canadians should not have to wonder what language to use at work, during their free time, at school, on the Internet, etc. The right to use the official language of one’s choice and to receive services in that language will be a given for everyone, no longer a demand.
We can already see this on the horizon. Over three-fourths of our fellow Canadians already support Canada’s bilingual identity.2 More and more young people, themselves bilingual, find this identity a source of pride. What remains to be done is to devote the resources and leadership needed for the full achievement of this identity. We must move from what is still an all too-theoretical linguistic equality to a true equality. The authorities and our fellow Canadians must understand that we all win when both our official languages and the communities that speak them enjoy full support for their development.
To attain this objective, we need on the one hand effective implementation of the federal linguistic framework and appropriate resources, and I stress again, the leadership. On the other, we have to understand the challenges facing language communities, in order to respond in ways that facilitate the enjoyment of language rights.
Effective Implementation of the Federal Linguistic Framework
We want language rights to become an added value in daily life rather than a piece of legislation that is under recurring discussion in the courts. It is imperative to take a closer look at how our linguistic framework is implemented.
These are the conclusions of the participants at the round table on the linguistic framework I organized last April to examine this issue. I brought together participants from all over Canada and many different backgrounds – including many of you present today – to consider three main objectives:
1. Describe the difficulties encountered in the implementation of the linguistic framework;
2. Determine if the current framework can adequately respond to future challenges, bearing in mind current social, political and technological changes; and
3. If necessary, consider options to improve the framework of language rights.
I brought copies of the report that resulted from the round table on the linguistic framework, and they are available at the registration counter.
In broad terms, participants found that it was not so much the subject or the wording of the Official Languages Act that was deficient, but rather its implementation. Indeed, for some, implementation should take into account the specific circumstances and needs of each official language community. For example, many participants noted that the method provided by the Regulations Respecting Communications With and Services to the Public in Either Official Language is inadequate to determine whether there is considerable demand for services in either official language. Moreover, the Federal Court decision in the Donnie Doucet3 case showed that the Regulations were not fully compatible with Charter requirements. In my opinion, this decision provides the perfect opportunity for the government to update the Regulations.
The opinions and advice I received at this round table are crucial and many of the changes proposed might prove to be essential. To better understand the effects of these proposals, other discussions – such as the one taking place at this symposium – and other consultations will be needed.
Indeed, as I mention in my latest Annual Report, the fact that the Government of Canada refuses to make Part VII of the Act binding (Part VII states the commitment of the government to enhancing the vitality of official language communities), is an obstacle to the full implementation of our linguistic framework.
The government must respond to the pressing demand of communities and Canadians by clarifying the legal scope of Part VII, either through legislation or the adoption of regulations.
A good opportunity to do so has arisen. The House of Commons should shortly examine Bill S-3, sponsored by Senator Jean-Robert Gauthier and adopted by the Senate just before his retirement.
By adopting this Bill, Parliament and the government would respond both to my previous recommendations and to the continuous demands of minority communities. Government ambivalence on this issue has tied the hands of federal institutions that deal with the communities. When the state proclaims its commitment but refrains from acting, it undermines the confidence of Canadians. It is high time to put a stop to this. The advice you give and the pressure you can bring to bear along these lines will be extremely useful.
Resources for Enjoying Language Rights in Daily Life
In order to anchor language rights for Canadians in reality, we also need resources. As Justice Bastarache indicates in the Beaulac decision,4 language rights "can only be enjoyed if the means are provided." If governments take responsibility and give communities the means they need for their development – and it is not just money I am referring to here – communities will no longer have to engage in protracted court battles and pay dearly for what should be given to them freely.
The main challenge is then to lead the provinces and territories to cooperate with the federal government in order to give communities the means for development. Our arguments are simple and strong: the arguments of success. Strong minority communities actively contribute to Canada’s cultural, social and economic prosperity.
Indeed, our society has changed a lot in 30 years, and under the pressure of immigration, mixed marriages and urbanization, the definitions of "Francophone" and "minority environment" are called on to change. One of the challenges facing communities in this context is to find ways of integrating multiple influences while maintaining their own identity.
In the future, what I see instead is the development of inclusive communities that are able to attract and integrate more immigrants and Francophiles, able to transform their increasing diversity into a springboard to success. I imagine an identity that does not marginalize, but instead appreciates.
Creating Change Through Commitment
What I propose, then, is a policy of affirmation. Let us create change through commitment. Each level of government and all of civil society have a role and responsibilities in the renewal of Canada’s great linguistic partnership.
For example, in Manitoba, bilingual service centres are being developed in the various francophone areas of the province. At these service centres, citizens can access a range of services, both federal and provincial, in the official language of their choice. This is solid and fruitful cooperation between different levels of government.
What made this possible was active listening to the needs of the community. We can see other innovative approaches elsewhere in Canada. Each one has an important role to play.
The federal government: Our central authority. It should play a true role as a champion and lead the way. The government should be the catalyst of a shared vision and commitment across Canada.
The provinces and territories: They should ensure that all citizens for whom they are responsible receive services of the same quality, according to the needs and specific features of the communities they serve.5
Universities: They should create more awareness among students of the importance of language rights. For example, language rights should be an important part of any course covering constitutional rights.
Lawyers and bar associations: You too are the promoters of a new understanding of language rights. I call on you to continue defending minority communities just as you do so for your clients: with conviction and dedication. The fundamental challenge in the years to come is for all of us to commit to consolidate and harmonize federal, provincial and municipal services. It is only by recognizing the holistic nature of linguistic duality that it will be possible to institute a new linguistic governance that consults and builds together with its partners.
Conclusion
We want to transform our linguistic framework into a tool for development. Canada is strong not only because it defends fundamental freedoms and equal opportunities, but also because it knew how to let them take root in the fertile soil of a society founded on the equality of our two official languages.
The various parts of the Official Languages Act form a whole and complement each other. Full implementation of the Act will ensure true linguistic equality, allowing all Canadians to live as much as possible in the official language of their choice.
Ensuring progression towards linguistic equality means accomplishing a great work of openness and sharing. As lawyers and defenders of our democratic values, I call on you to be at the forefront of this mission for the future.
Thank you.
Notes
1 Statistics Canada, 2001 Canada Census, Analysis Series, Canada’s ethnocultural portrait: The changing mosaic, 96F0030XIE2001008.
2 Andrew Parkin and André Turcotte, "Bilingualism: Part of the Past or Part of the Future?" The CRIC Papers, No. 13, Montréal, Centre for Research and Information on Canada, 2004, p. 6, fig. 3.
3Doucet c. Canada, 2004 CF 1444.
4 R. v. Beaulac, [1999] 1 S.C.R. 768, at 25.
5 On the issue of Francophone educational rights in Prince Edward Island in the Arsenault-Cameron resolution, the Supreme Court of Canada found that "(s)ubstantive equality . . . requires that official language minorities be treated differently, if necessary, according to their particular circumstances and needs" to provide them with conditions equivalent to those of the majority. Arsenault-Cameron v. Prince Edward Island, [2000] 1 S.R.C. 3, para. 27.
