Ottawa, June 17, 2006
"Positive measures to ensure the vitality of communities"
Speaking notes for the Annual General Meeting of the
Fédération des communautés francophones et acadienne (FCFA) du Canada
Dr. Dyane Adam - Commissioner of Official Languages
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Hello everyone:
This is the last time that I will be speaking to you as the Commissioner of Official Languages, and I must say that there could not be a better context in which to say my goodbyes.
As you know, an amazing event occurred in Parliament last November. When I took on the job of Commissioner seven years ago, I was warned that the Official Languages Act was an icon not to be touched. But after a long battle, led mainly by former Senator Jean-Robert Gauthier, a tenacious and courageous man, Part VII of the Official Languages Act, dealing with the advancement of English and French by the federal government, was finally strengthened as a result of the enactment of Bill S-3.
In the future, all federal institutions must take "positive measures" to enhance the vitality and support the development of English and French linguistic communities, as well as to promote linguistic duality. In the time I have, I will focus more on the first component of the federal institutions’ obligations, but we must not forget the promoting of linguistic duality among linguistic majorities, which is often seen as Part VII’s poor cousin. You know better than anyone the importance of being able to count on strong allies among the majority. Linguistic duality is not just the responsibility of minorities, but of Canadian society as a whole.
This amendment brings closure to the never-ending debate on whether Part VII was simply a political commitment or a legal obligation. Parliament was clear and definitive on this issue: all federal institutions are subject to this Part. It will no longer be possible for federal institutions to act without giving much thought to Part VII, as has too often been the case.
This means that we are at a turning point. In the future, federal institutions will have to seek out ways to give communities new momentum toward greater vitality. They must take measures beyond those identified in the Action Plan on Official Languages, which is limited in terms of time and the areas of intervention.
We are our own best advocates, as the saying goes. There is no instruction manual, but there is also nothing preventing you from offering suggestions to our federal institutions. To paraphrase a well-known president: do not wait to see what measures federal institutions may suggest to you, but rather ask yourself what you have to suggest to federal institutions to help them meet their new obligations. In other words, help them help you.
I am well aware that you have all been doing this for a long time, especially in the context of preparing development plans for your communities. The difference is that now, federal institutions, as part of their mandate, have an obligation to act.
Offering services is relatively simply, but actually participating in the development of communities is more complex. That is why research is crucial. In my latest annual report and in a recent report on the concept of vitality, I noted that research on the vitality of communities should be a priority and should be used to guide your future efforts with your partners, namely, federal institutions. The more you demonstrate the vitality of your communities and your organizations, the easier it will be to identify and suggest "positive measures" to enhance that vitality. You need to hire research institutions and independent researchers. I have recommended to the federal government that it work with you to adopt a strategy to foster the vitality of communities.
Ultimately, federal institutions must show in their research plans and evaluations how they take the development and vitality of communities into consideration when developing their policies and programs.
But there is one question. What are "positive measures"? Although the Act does not contain a definition, in my opinion, positive measures are ones adapted to the special nature of communities to help move toward a substantive equality of English and French. More specifically, I believe that it is a matter of a systemic and proactive approach by federal institutions with respect to their programs, policies and priorities – what I will call the "Part VII reflex". That does not mean to say that all of the communities’ priorities will be part of the government’s priorities. The government is still free to make its own choices. But we do know that it has to take concrete action and that institutions must be aware that, sometimes, a different way of doing things, adapted to the needs of communities, will be necessary.
To make sure this happens, indicators will have to be developed that can be used to evaluate the vitality of communities based on facts, which is why we need research in this area. It will allow us to measure the progress of these communities against the positive measures taken by federal institutions. Otherwise, we simply go around in circles or leave things to chance.
The next five years will be crucial. Communities and institutions will have to develop the "Part VII reflex".
Federal institutions must review their policies and programs in light of the new provisions of the Official Languages Act and adjust them, if applicable, so that linguistic minorities benefit from them as much as the majority. This review should be conducted in close collaboration with the communities themselves. One cannot work without the other. I am almost tempted to say that the two parties have been sentenced to work together.
The biggest risk for communities is that federal institutions will suggest something, whatever it may be, without true consultation, simply to meet their obligations!
And of course, the greatest risk for federal institutions is to do nothing and then find themselves before the courts. Federal institutions have nothing to lose in getting to know communities better and considering them as true partners in an initiative to foster greater vitality – in fact, it’s quite the contrary!
Furthermore, this approach has been proven to produce results. I am thinking of the national initiatives in health and immigration. In both cases, communities were active partners, were given a place at the table, and were able to provide their input. In both cases, the departments concerned did not wait to act. And in both cases, the cooperation was real and effective, and therefore produced results. We are not talking about a telephone consultation with your organization’s manager on a Friday afternoon. It is real, ongoing cooperation at the highest level.
That is why my last annual report focuses on the governance aspect of official languages. Given that your organizations are often dealing with a significant lack of resources, doubt that you would be inclined to meet with each of the 200 or so federal institutions individually. I therefore recommended that the government implement horizontal governance mechanisms based on proven fundamental principles, including the sharing of knowledge and resources, mutual trust between the players, and sound management. We already have good examples of these practices in the fields of health care, immigration, and economic development.
The amendment of Part VII of the Official Languages Act is a real gift. We had to wait four years before getting the amendment we wanted, despite the fact that the clarification was needed as far back as 1988! Right now, the gift is still wrapped. We hardly dare to unwrap it. But we know what is in the box, because we have been asking Parliament for it for years. It is high time that we unwrapped it and opened the box. And if it really was what we hoped for? Then, for me, it will be a set of keys to unlock new doors leading to the vitality of our communities. Within the next five years, I hope to see people mobilized and new opportunities emerging for official language communities. I also hope to see all of Canadian society involved.
In closing, I would like to express my sincere thanks to the FCFA and all of its members for the close collaboration that we have developed over the years. I am proud of the work accomplished by the Office in these last seven years, work that we did together. I am certain that the new commissioner will be able to count on your unwavering support, and that you will welcome him or her, as you did me.
Thank you.
