Ottawa, November 30, 2006
Bilingual by Choice: Canada’s Vision
Speaking Notes for the POBAL Conference Entitled Vision to Enactment: The Irish Language Act in Northern Ireland, Lessons from Near and Far
Graham Fraser - Commissioner of Official Languages
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Ladies and Gentlemen,
It is a great honour to have been invited to your conference and to speak to you about Canadian language policy.
One of the most insightful and poignant discussions on language policy I have ever heard took place some 20 years ago as I watched a production of Translations, written by Irish playwright Brian Friel in 1984. The play is about pride: pride of place, pride of language. It also reveals how the apparently innocent act of naming places is a profoundly political gesture. Given that I had just written a book that dealt in part with Quebec’s language policy, I was fascinated by the performance.
On the one hand, the play is local—it focuses on a particular time and a specific place: the village of Ballybeg in County Donegal in 1833. A detachment of Royal Engineers set up camp as part of a map-making operation; their task is to rename all the places and give them English names. The head of a local school is literate and fluent in Latin, Greek and Gaelic, but he speaks no English.
One of his sons is helping him run the school, while the other son has come back to the village to help the military topographers in their translation of names. It is a sufficiently local story that, when I reread the play recently, I could not read the Gaelic names aloud.
On the other hand, the play is universal. Its central themes are language, power, ambition and identity. I saw it only a few years after Quebec’s language legislation was introduced, and it had tremendous resonance for me. It occurred to me that a Canadian adaptation could have been written—set either in the 1830s or 1840s, when Lord Durham argued that Canada was comprised of “two nations warring in the breast of a single state.” He maintained that: “There can hardly be conceived a nationality more destitute of all that can invigorate and elevate a people, than that which is exhibited by the descendants of the French in Lower Canada, owing to their retaining of their peculiar language and manners. They are a people with no history and no literature.” His solution, which he considered to be a moderate and humane one, was assimilation: “The first object ought to be that of making it an English province.” One might say that the birth of Quebec nationalism occurred with the publication of these words.
The play could also have been set in the late 20th century, as French became the defining characteristic of an increasingly vibrant and prosperous society in Canada, whose place was reaffirmed through legislation. In Montréal, Mountain Street, which had been named after a 19th century Anglican Bishop—Bishop Mountain—became rue de la Montagne.
A Little Background
First, a bit of background information on Canada.
Canada is a country of almost 10 million square kilometres with a population of 33 million. It is a relatively decentralized federation. Provincial and territorial legislatures have jurisdiction over education, health and social services, job training, local government, natural resources and the administration of justice. Provinces and territories also share numerous powers with the federal government, including taxation. Each level of government is free to enact legislation in its areas of responsibility, such as laws related to language.
More than 100 languages are spoken in Canada today, including some 50 Aboriginal tongues. However, nine out of ten people speak English or French most often at home. Less than 2 per cent of Canadians do not speak English or French.
French is the mother tongue of 23 per cent of Canadians and of more than four out of five Quebeckers. It is also worth noting that there are more Francophones1 in Canada than in Belgium and Switzerland combined.2
More and more, Canada is a land of immigrants. Today, almost one in five Canadians was born outside Canada.
Quebec is the only province with a majority of Francophones, and about 53% of them are unilingual. The province also has an important English-speaking population. English is the language of choice of roughly 900,000 people in the province.
There are close to one million Francophones outside Quebec. Three-quarters of them live in Ontario and in New Brunswick. In New Brunswick, they make up a third of the population. Elsewhere, they account for less than 5 per cent of the population.
Now, before I make you dizzy with statistics, let me back up a bit and tell you how Canada’s language duality came about.
Canada’s first European settlers were French. They arrived in the 17th century and settled along the shores of the St. Lawrence River, living there for 160 years until the British conquered Quebec in 1760. The victors proved magnanimous, but only because they were fearful of the influence of the unruly settlers to the south; thus, to ensure loyalty to the British Crown in the face of American unrest, the French settlers were allowed, in fits and starts, to keep their language and their religion. Gradually, an autonomous French-speaking society grew and flourished—with Catholics acquiring rights in Quebec before they did in Britain.
Let me tell you a personal story about that. In the early 1980s, I was living in the city of Québec with my family, working as a newspaper correspondent. When my sons were about eight and ten, they loved to go on their own to a small military museum just inside the walls of the historic fortifications. What they liked best was a cartoon history of the city of Québec, which was filled with anachronisms. For example, when it described how many of Montgomery’s men deserted him during the frigid siege of Quebec in the winter of 1775,3 the film showed men with golf clubs waving goodbye to their freezing fellow soldiers. Humourless dad here was appalled at this, and at one point I said sternly: “Right! Tell me what, if anything, you learned from this!”
“Well,” said Malcolm, who was ten: “There were a lot of battles, and the French won and then the English won, and then the French won.”
“The French won?” I said. “What do you mean, the French won?”
“Dad, look around you,” Malcolm said, with the particular patience that ten year olds demonstrate when they realize they have idiots for parents. “What language is everyone speaking?”
Indeed, when we were living in the city of Québec, from 1979 until 1986, there were some 600,000 Francophones in the city, most of whom spoke no English—and 15,000 Anglophones. There are now six million French-speaking Canadians in the province of Quebec—63 per cent of whom are unilingual Francophones—and 920,000 English-speaking Quebeckers, 65 per cent of whom also speak French.4 In 1961, there were three million unilingual French-speaking Canadians; there are now four million.
The military battle that my young son assumed must have happened never took place. But, there has been struggle and conflict as French-speaking Quebec transformed itself from a traditional, conservative and deeply Catholic society into a culturally dynamic, economically vigorous and socially inclusive one, beginning in the 1960s.
Over the last 40 years, the relationship between Canada’s language groups themselves and between the linguistic minorities and the federal government has been transformed—largely in response to the rise of Quebec nationalism. Faced with an increasing number of Quebec nationalists—who received international attention in 1967 when General de Gaulle pronounced “Vive le Québec libre”—the federal government realized that French language rights had to be defined, recognized and enforced. In 1963, the Royal Commission on Bilingualism and Biculturalism was established, and in 1965, in its Preliminary Report, it shocked many English-speaking Canadians by stating that Canada was passing through the greatest crisis in its history.
In its recommendations, the Commission proposed a bold new partnership between English-speaking and French-speaking Canadians. The Government of Canada would function in both languages and the provinces would be encouraged to offer public services in the minority language, where demand was sufficient. Also, more would be done to recognize the contribution and heritage of cultural communities.
The first federal Official Languages Act was adopted in 1969.5 This Act proclaimed the equality of status of English and French in all federal institutions. It spelled out the demographic criteria for the delivery of bilingual services. It also created the position of Commissioner of Official Languages, an ombudsman above politics who was to be the “active conscience” of Canadians in official language matters.
At about the same time, the Government of Canada implemented a policy on multiculturalism, which recognized the equal value and dignity of all cultural communities within the general framework of language duality. This in turn led to the adoption of a multiculturalism policy in 1971 and the Canadian Multiculturalism Act in 1988.6
Today, Canadian society is made up of many identities, but English and French remain its main languages of communication, without regard to ethnic origin or first language learned.
Our bilingualism and multiculturalism policies work in symbiosis to foster respect and to promote equality of opportunity. These policies are rights-based – but they are also values-based.
In 1967, when he was Minister of Justice, Pierre Trudeau defined language rights as two-fold: the right to learn and the right to use. The entire edifice of language rights constructed over the next four decades rests on these two pillars.
And in a just-published book, McGill law professor William Tetley identifies the values required to address language and cultural differences: respect, generosity and integrity.7
In 1982, a new constitutional document, the Canadian Charter of Rights and Freedoms, consolidated equality and language rights.8 It also recognized that the English or French linguistic minority communities of a province have a right to primary and secondary instruction in their language and to the management of their school systems, where numbers warrant. Language rights are a fundamental part of the Charter, and are enshrined in Article 16. Recently, I found out how that occurred. Senator Serge Joyal, then a Member of Parliament, was asked by then-Prime Minister Pierre Trudeau to be the co-chair of the Parliamentary committee examining the Charter. He agreed – but on the condition that the principles of the Official Languages Act be included.
The reason, he told me recently, was an experience he had had in 1976. At that time, there was an intensive controversy over the right of French-speaking pilots to speak to French-speaking air controllers in French: what became known as the Gens de l’Air Affair.9 Joyal took the Department of Transport and Air Canada to court – ultimately unsuccessfully – at his own expense. During the controversy, he was a guest on a popular television program, and the host, Lise Payette (later a Parti Québécois cabinet minister) welcomed him with the words “Now, our next guest, Serge Joyal – our hero!” Joyal told me that he decided then that a citizen should never have to be a hero to defend his or her language rights.
The Official Languages Act was revised in 198810 to comply with the Charter. It also aimed to outline in more detail the language rights of citizens and to elaborate the new rules and standards, including the following:
- Bilingualism in Parliament;
- The use of English or French in federal courts and in criminal trials;
- The right of citizens to receive federal government services in their preferred official language, under a flexible sliding scale of “significant demand” criteria;
- The right of federal government employees to work in their preferred official language in designated regions;
- The equitable participation of English-speaking and French-speaking Canadians in federal institutions;
- A commitment by the federal government to foster the full recognition and use of English and French in Canadian society and to enhance the vitality of minority language communities.
Finally, in November 2005, the Parliament of Canada reinforced the part of the Act that pertains to minority community development.11 The Act now requires federal institutions to take positive measures to implement this commitment. Furthermore, an aggrieved citizen or group may now turn to the courts for a remedy if this obligation is not met.
In practice, this means that federal departments and agencies must ensure that they take official language communities into account in the planning and delivery of their programs and activities. It is worth nothing that this amendment was not driven by governments, but rather by parliamentarians.
The duties of the Commissioner of Official Languages are also defined in the Act. Reporting directly to Parliament, I am like an orchestra conductor: I have a staff of 168 and a budget of 19 million dollars. My various functions fall logically under two headings: promotion and protection. I am thus part cheerleader, part nag. The trick is to be both fair and tough in making assessments and recommendations for change. I think clarity is very important. I carry out my duties with the support and guidance of two parliamentary committees: one of the Senate and one of the House of Commons.
Having described the main features of Canada’s language framework, I will now explain how it works in practice.
Language Legislation in Practice
Today, members of minority language communities can receive all—or, at the very least, key—federal services in their preferred official language at specially designated bilingual offices, about three times out of four. The situation is far from perfect, but it is a great improvement from 15 to 20 years ago.
Federal government employees have the right to work in the official language of their choice in the National Capital Region, in all of New Brunswick, and in regions designated for this purpose in Quebec and Ontario. Yet again, the studies and audits my office published over the past few years show that this right is not always fully respected.
The proportions of Anglophones and Francophones employed in federal institutions are balanced on the whole with those of the Canadian population. However, the representation of Anglophones in the predominantly French province of Quebec is below what it should be.
Significant improvements have also been made over the past three decades in the delivery of provincial services in the official language of the minority.
Since the adoption of the Canadian Charter of Rights and Freedoms, all provinces have established minority-language primary and secondary education systems. In addition, there are minority-language community colleges and universities in several provinces. Since language of instruction plays a key role in community development, these educational reforms are of considerable importance.12 In fact, in all the provinces and territories, there has been more language legislation enacted in the last 25 years than in the previous century.
New Brunswick leads the class, having adopted its own Official Languages Act and recognized the equality of its two linguistic communities in the Constitution.13 Ontario provides a wide range of services and community support in French.14 Manitoba updated its bilingualism policy in 1999.15
Prince Edward Island adopted a French Language Services Act in 200016 and Nova Scotia passed similar legislation in 2004.17 Most other provincial and territorial governments have enacted legislation, policies or practices to ensure that a range of services, including health and social services, are offered in French. Finally, a variety of initiatives are currently underway to provide many services via the Internet and to integrate municipal, provincial and federal government services under one roof.18
In 1974, the Quebec government declared French to be the official language of the province. Then, in 1977, the law was replaced with the Charter of the French Language, which set out firm requirements concerning the promotion and use of French, particularly in government, commerce, business and education.19 That law has been challenged and amended in the courts, and now meets the requirements of the Canadian Charter of Rights and Freedoms. Nonetheless, the province continues to deliver a wide range of services in English, including a comprehensive educational system.
While fully defending the rights of Quebec’s English-speaking minority, the Government of Canada has worked with the province to bolster French language and culture. For example, it has signed agreements with Quebec on immigration and job training and provides generous support for the arts and for French-language radio and television across Canada. The government also promotes the French language in international relations, most notably in La Francophonie.
One clear sign of the profound change in attitudes regarding language that has taken place in my country is the increase in individual bilingualism. In Quebec, more than four in ten French-speaking teenagers are bilingual, as are 83 per cent of English-speaking teenagers. The 2001 Census showed that the rate of bilingualism among English-speaking teenagers aged 15 to 19 outside Quebec is now about 15 per cent. This is more than twice the bilingualism rate of their parents.
There has also been a change in the Canadian political landscape. All four party leaders are fluent in English and French — and must face the challenge of a two-hour debate in one official language followed by a two-hour debate in the other official language the next night. I know of no other country that tests its political leaders in such a manner.
This increase in the rate of bilingualism can be attributed to improvements in core and immersion programs. In March 2003, the federal government developed the Action Plan for Official Languages,20 which included, among other things, the ambitious goal of doubling the rate of bilingualism among young Canadians by the year 2013. If the plan is carried out successfully, one in two young Canadians will be bilingual by the target date.
Conclusion
As Canadians, we are well aware that a bilingual and multicultural society brings significant economic benefits to trade and commerce. We also understand that we cannot promise fairness for all if we cannot ensure equality and respect between our two major linguistic groups.
Our vision is one of a democratic country with two official languages, committed to equal rights and to equal opportunities. Bilingual by choice: this is our ideal of peace and civility; it is a formula for the future that works for us.
Thank you. I would be pleased to answer any questions you may have.
1 The terms “Anglophone” and “Francophone” refer to individuals who speak one or the other of Canada’s official languages as their first language, without regard to their ethnic origin.
2 Approximately 6.7 million in Canada compared to 4.2 million in Belgium and 1.3 million in Switzerland.
3 The Battle of Quebec itself took place on December 31, 1775. The British garrison, local militias and Canadian weather stopped the American force. The siege was lifted on May 6, 1776, with the arrival of British reinforcements.
4 Louise Marmen and Jean-Pierre Corbeil. New Canadian Perspectives: Languages in Canada 2001 Census, Ottawa: Canadian Heritage and Statistics Canada, 2004. Available online at www.pch.gc.ca/progs/lo-ol/pubs/census2001/index_e.cfm.
5 R.S.C. (1970), c. O-2.
6 R. S.C. (1985), c.24 (4th supplement).
7 The October Crisis, 1970: An Insider’s View, Montreal, McGill-Queen’s University Press, 2007, p. xxiv
8 Canadian Charter of Rights and Freedoms (Schedule B of the Constitution Act, 1982), enacted as Schedule B to the Canada Act 1982 (UK) 1982, c. 11.
9 See Language of the Skies: The Bilingual Air Traffic Control Conflict in Canada, by Sandford Borins, Montreal, McGill-Queen’s University Press, 1983.
10 R. S.C. (1985), c.31 (4th supplement).
11 Bill S-3, An Act to amend the Official Languages Act (promotion of English and French), S.C. 2005.
12 See Volume I of Annual Report 2004–2005, Office of the Commissioner of Official Languages. Also on education: Rights, Schools and Communities in Minority Contexts (2001) and Motivation of School Choices by Eligible Parents Outside Quebec (1999).
13 New Brunswick, which first adopted its own Official Languages Act in 1969 (S.N.B. 1968-69, c. 14; R.S.N.B. 1973, c. O-1), has since pursued—and indeed enshrined in the Constitution—an official languages policy based on the principle of equality for its English- and French-speaking communities (R.S.N.B. 1973, c. O-1; Constitution Act, 1982: amended by Constitution Amendment, 1993 (New Brunswick) (SI/93-54)). In 2002, the provincial government updated its Official Languages Act once more, creating, among other things, a position of Commissioner of Official Languages, very much like mine (Official Languages Act, S.N.B., c. O-0.5, assented to June 7, 2002).
14 In 1986, the Ontario Government adopted a French Language Services Act (S.O. 1986, c. 45), which guaranteed the availability of most provincial government services in French in designated areas and recognized the right to use French in the legislature and the courts.
15 In 1985, the Supreme Court of Canada ruled that an 1890 law that abolished French as an official language in Manitoba was unconstitutional (Re Manitoba Language Rights, [1985] 1 S.C.R. 721). Official bilingualism has been restored and the province is now pursuing an active French language services policy.
16 S.P.E.I. (1999), c. 13.
17 Nova Scotia. French-language Services Act / Loi sur les services en français, 2004, c. 26, December 9, 2004.
18 See Bridging the Linguistic Divide: Official Languages on the Internet, Ottawa: Office of the Commissioner of Official languages, (2005). Also, Paul Fortier, Official Language Requirements and Government On-Line, Ottawa: Office of the Commissioner of Official languages, 2002; Paul Fortier and Marcel Charlebois, The Single Window Networks of the Government of Canada, Ottawa: Office of the Commissioner of Official Languages, 2002.
19 R.S.Q. c. C-11.
20 The Next Act: New Momentum for Canada’s Linguistic Duality. The Action Plan for Official Languages, Ottawa: Government of Canada, 2003.
