ARCHIVED - Report of the Task Force on Government Transformations and Official Languages

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Chapter 2 - Government Transformations and Official Languages

2.1 The Federal Government's Changing Role

Since the early 1990s, many industrialized countries have undertaken profound changes in the organization and management of their public services. The general trends include:

• transferring some activities to local governments, non-governmental organizations and the private sector;
• cutting government budgets;
• reducing overhead, eliminating non-productive activities and taking advantage of income-generating opportunities;
• focusing managers' efforts and responsibilities on achieving results rather than on strict adherence to rules;
• decentralizing authority within government agencies;
• paying greater attention to the needs of program beneficiaries by providing faster, more courteous service, simplifying procedures and facilitating access to services;
• working more closely with other levels of government and the private sector;
• making more frequent use of private-sector practices, such as direct competition and competitive sourcing;
• making greater use of information technology to enhance government effectiveness and productivity, on the grounds that the wide circulation of information creates a better-informed public and more transparent decision making. 

These changes have had a major impact on government departments and have led to significant changes in the way services are delivered and in the environment in which employees work. Managers have had to attend to meeting the government's cost-cutting and deficit-reduction goals; they have focused their attention and efforts on managing the downsizing process and achieving budget targets. As a result, not only have service delivery methods been renewed but workplaces have also been transformed. 
 

2.2 Official Languages

English and French have co-existed in Canada for a long time. The two official languages have helped weave the fabric of the Canadian federation and shaped Canada's identity. The British North America Act of 1867, which created Canada, authorized the use of English and French in the debates of Parliament and the Quebec legislature, as well as in the proceedings conducted before federal and Quebec courts. Subsequently, various language laws specified and broadened these rights, which are now enshrined in the Canadian Charter of Rights and Freedoms which is part of the Constitution Act, 1982, and in the Official Languages Act. English and French are Canada's official languages. They have equal status, rights and privileges within the institutions of Parliament and the Government of Canada. Under the Official Languages Act, members of the public have the right to be served in the official language of their choice, and employees have the right to work in English or French. The Act also contains two commitments: equitable participation by the two official language communities in the workforces of institutions that are subject to the Act; and an undertaking by the government to enhance the vitality, and support the development, of minority official language communities, and to foster full recognition of the use of English and French in Canadian society. Application of the Act is a federal responsibility, and the government is accountable for it. 

Linguistic duality is a fundamental characteristic of the Canadian federation. The federal government cannot abandon its responsibility to promote Canada's linguistic duality, an obligation flowing from the Constitution and the Official Languages Act. The 1994 Speech from the Throne acknowledged this role when it reaffirmed the government's commitment to linguistic duality, by stating that "our cultural heritage and our official languages are at the very core of the Canadian identity and are sources of social and economic enrichment."
 

2.3 Portrait of Minority Official Language Communities

The situation of minority official language communities is uneven. It varies from region to region and within regions. Some communities, whether Anglophone in Quebec or Francophone outside Quebec, have strong regional concentrations. Over the years, they have created remarkable tools for development as well as dynamic social, cultural and economic institutions. Other communities, however, are more vulnerable due to factors such as their small size and their geographic dispersion. These communities have not succeeded in creating institutions to secure their survival, much less to enable them to develop in a satisfactory manner.

In addition to these difficulties, Francophone communities outside Quebec are also experiencing a serious degree of assimilation. It should be noted that the context of the English-speaking community in Quebec is somewhat different in that the percentage of Quebecers who speak English at home is greater than the percentage of the population whose mother tongue is English. To some extent this reflects the consolidation of most of the English-speaking community in and around the metropolitan regions of Montreal and Hull. English-speaking communities in Quebec are also found north and east of these centres, and their concerns are often similar to those of Francophone communities outside Quebec.

The table below shows the distribution of Francophones outside Quebec by province and territory, and of Anglophones in Quebec. It illustrates in statistical terms the asymmetrical situation we have just described.

As the above figures show, French is spoken by a small minority outside Quebec. Francophones are more concentrated in certain regions, and in some communities they make up the majority of the population. For example, Francophones are a minority in New Brunswick and Ontario, but they make up a sizeable percentage of the population of certain communities in those provinces. However, the figures also show that outside Quebec the number of people who speak French at home is far smaller than the number whose mother tongue is French. 

The language rights of communities also differ from one province to another. New Brunswick is officially bilingual. Ontario has its French Language Services Act.

The primary focus of Quebec's Loi 101 is the protection and promotion of the French language in the province, but the Act also deals with the provision of services in English. Official language minority communities in other provinces are confronted with provincial governments that are, at best, indifferent and, at worst, hostile to them.
 

2.4 The Task Force's Approach: Four Premises

The approach adopted by the Task Force was characterized by four basic assumptions.

The first concerns the parameters within which government transformations should be framed. These must ensure that the language rights of Canadians are respected.

Our second premise concerns the support that the federal government must provide to minority official language communities within the context of government transformations. This element was present throughout the course of our work. It reminded us of the importance of the government's commitment to the vitality and development of minority official language communities, and to the protection of language rights in the context of government transformations.

A third premise concerns the objective of quality service. We are of the opinion that the initiative undertaken by the federal government regarding quality service must include the right to be served in both official languages.

A fourth assumption that underpinned our work is that the government needs to find innovative ways to fulfil its obligations with respect to official languages and to minority official language communities. 
 

2.4.1 Key Parameters within Which to Consider Government Transformations

According to the federal government, transformations are an essential tool for redefining both the role of the federal government and the way in which that role is exercised. If the government decides to fulfil its responsibilities in a different manner, the existing regime of language rights and support to official language minority communities must continue to be applied in its entirety. As well, when the federal government decides to transfer to other entities an activity that it has carried out but which should no longer be under its jurisdiction, the approach taken with respect to the language regime to be established must take into account the particular aspects of the situation. In such cases, serious consideration must be given to the possible negative effects of such action on linguistic duality and to ways of compensating for those effects.
 

2.4.2 Support for Minority Official Language Communities

The current emphasis on government transformations must not be allowed to detract from the federal government's responsibility to ensure that all institutions subject to the Official Languages Act fulfil their obligations under the Act. Government departments and agencies play a decisive role in the implementation of the Act, as regards service to the public, language of work and equitable participation. As well, pursuant to section 42 of the Act, they have a key role in the implementation of the federal government's commitment to enhance the vitality of minority official language communities, to support their development, and to foster the use of English and French in Canadian society. There is an urgent need to reaffirm this commitment. 
 

2.4.3 Quality Service Includes Service in Both Official Languages

Thirty years after the first Official Languages Act was adopted, the Canadian public should no longer have to worry about the availability of services of equal quality in both official languages in institutions required to offer them. Service excellence must encompass the delivery of services in both official languages without the public having to ask for it. In 1995, the Treasury Board Secretariat published a series of guides on Quality Services. The first of these guides, An Overview, contains a statement of the principles of quality service. In addition to the recognized principles of speed, reliability, courtesy and respect for individual rights, the statement clearly indicates that the services provided musst comply with the Official Languages Act. If a service is not actively offered in both official languages where required and is not of equal quality in both languages, then quality service does not exist. 
 

2.4.4 The Federal Government's Ability to Innovate

The federal government must find new ways to fully assume its responsibilities with respect to official languages, both in the transformations that have taken place and in those to come. The government must be equally energetic in raising the profile of official languages in Canada. This obligation is incumbent upon the federal government. The Task Force is of the opinion that government transformations should not be viewed as a threat to language rights. Rather, they should be seen as an opportunity to establish the two official languages as part of the culture of the organizations that acquire new responsibilities in this regard.  

 

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