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

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Chapter 5 - Political Will: Perception and Reality

A number of major observations can be made in light of the analyses and consultations we have reported above. The observations we set out in this chapter are the basis for the recommendations in the next chapter. 
 

5.1 The Federal Government's Commitment

For some years now, the federal government has been carrying out an overhaul of its administrative apparatus. Despite important events on the national unity front and some related efforts by the government, the federal government's discourse has focused on issues of financial health, government organization, competitiveness, trade relations and economic development.

Canada's official linguistic duality, and its consequent support for the development and vitality of minority official language communities do not figure prominently in the government's discourse on the values Canadians hold dear. This is not without consequence. The communities have been strongly affected by this state of affairs in the process of government transformations, as the representative organizations we met with clearly stated.

We have concluded that the government transformations have not promoted full consideration of, among other things, linguistic duality, the interests of minority official language communities, and the protection of these communities by means of concrete measures tailored to the new circumstances. The Task Force also noted the comments made by the organizations that speak for the communities with respect to the cuts they have suffered, their need for core funding and the challenges posed by reduced funding for Canada-community agreements. It appears that the cumulative effect of the government transformations and cutbacks in federal funding has shaken minority official language communities' confidence in the federal government.

Unless the federal government takes a serious look at its commitment to linguistic duality and support for minority official language communities, the existing bond of confidence between the government and the communities may be increasingly questioned. However, the communities' difficulties cannot be questioned. We are of the view that it is incumbent upon the government to act constructively by placing linguistic duality at the forefront in its dialogue with Canadians about values. 

The Constitution, and in particular the Canadian Charter of Rights and Freedoms, places obligations on the government and the Parliament of Canada with respect to language rights. The government has already acted in this area by taking a concrete measure of vast scope, that is, the adoption of the Official Languages Act. In Part VII of the Act, the government makes firm commitments with respect to linguistic duality and support for communities. The government must demonstrate that it intends to make sure its institutions honour this commitment, and back it up with resources and other means.

Minority official language communities are vital poles of identity and belonging for a large number of Canadians, providing them with important sites for expression and development. The better off these communities are, the better off Canada will be.
 

5.2 Integrated, Empowered Leadership

Canada has created a wide range of means to protect and promote linguistic duality, including:

• constitutional language rights;
• extensive legislative and regulatory instruments;
• specific mandates assigned by law to the Treasury Board, its President, the Minister of Canadian Heritage and the Commissioner of Official Languages; 
• the government's legislative commitment to enhancing the vitality, and supporting the development, of minority official language communities.

However, the Task Force saw no comprehensive, dominant vision within the government that can channel these means into focused action. It believes this shortcoming needs to be remedied.
 

5.3 Awareness Campaign Targeted at Institutions Subject to the Official Languages Act

The government must adopt more demanding guidelines with respect to linguistic duality and support for minority official language communities. The federal administration must be made fully aware of its official languages responsibilities when government transformations are carried out.

On March 19, 1998, the Treasury Board issued a directive requiring that government institutions for which it is the employer designate a high-level responsibility centre, reporting to the Deputy Minister, to ensure implementation of the government's commitment to the vitality of minority official language communities and institutional bilingualism. The people appointed to act as official languages "champions" could be given responsibility for this awareness-raising effort.

Appropriate means must also be found to effectively increase awareness among federal institutions not covered by the March 19, 1998 directive, so that they too will designate high-level officials to act as official languages champions. 
 

5.4 Provincial Governments and the Private Sector

In the case of future government transformations that involve transfers to the provinces or privatization, the federal government should, with respect to official linguistic duality, make the most of opportunities to raise the profile of official languages in new contexts. Section 43 of the Official Languages Act mandates the Minister of Canadian Heritage to take measures to promote linguistic duality and enhance the vitality of minority official language communities. This provision calls for collaboration with the provinces and the private sector. The government should consider its funding of these initiatives and ensure that there are means available to implement them fully.
 

5.5 Consultation and Decision-making Processes

With respect to language rights, a government transformation, by definition, raises two basic questions:

• What should be the scope of the newly empowered authority's obligations in view of this transformation? 
• What system of accountability ? monitoring, evaluation, redress mechanisms ? is provided to ensure that authorities fulfil their obligations?

Government transformations also clearly make it necessary to choose a consultation and decision-making process that is appropriate under the circumstances. The quality of responses to the basic questions raised by a particular transformation depends largely on the quality of the consultation and decision-making processes adopted.

The various representations heard by the Task Force, and our study of relevant documentation, indicated that there is no formal mechanism for internal and external consultation on government transformations. The same applies to the decision-making process on structural change. For their part, organizations that speak for minority official language communities stressed how important it is for these communities to be consulted at the outset about plans for government transformations. The Task Force agrees wholeheartedly with this. From the start, all government transformation initiatives should provide for a program of consultations with the communities, one that may be adjusted according to the communities' needs.

The Task Force is fully aware that the stages in the decision-making process depend on the type of transformation being carried out. However, we consider it essential that all government transformations be reviewed, as they are being developed, from the point of view of language requirements by a high-level body with representatives from the Privy Council Office, the Treasury Board Secretariat and the Department of Canadian Heritage. It would be up to this authority to define what constitutes a government transformation for these purposes. The review should cover both process and substantive matters. This authority's mandate would be to analyse and evaluate proposals for government transformations, and to provide an opinion on whether they honour obligations related to language rights. In the course of discharging its mandate, the organization responsible for the transformation would have to provide the authority with all pertinent information.
 

5.6 Possible Avenues for Innovation

During our consultations, some representative organizations pointed to attractive opportunities for partnerships between governments and minority official language communities, whereby community institutions could deliver certain federal services. The Task Force is of the view that this is an avenue that should be explored in the form of pilot projects where circumstances are favourable. In a way, the Canada-community agreements already constitute a form of partnership. The National Committee for Canadian Francophonie Human Resources Development is another example of partnership.¹³
 

5.7 Single Window Approach

The Task Force believes that, like partnerships, the single window approach may be a cost-effective method of delivering services to minorities. The federal government and its administration have shown an interest in the single window approach to service delivery and have implemented it. One example is the Canada Business Service Centres, discussed above. It is our view that federal departments and agencies should build on their reflections and past experience, and actively explore opportunities for innovation, so that they may fulfil their obligation to offer communities quality services in both official languages.
 

5.8 Accountability: Monitoring, Evaluation and Redress Mechanisms

When a new method of program or service delivery is adopted, official language obligations ? including, where applicable, support for minority official language communities ? are placed within a new framework. The new framework may look much like the previous one: this is true, for example, of special operating agencies or government service agencies. The framework may also be quite different, as in the case of privatization or Labour Market Development Agreements (LMDAs). As mentioned earlier, partnerships like the Canadian Tourism Commission and the Canada Business Service Centres pose particular challenges with regard to official languages.

In the case of the government transformations that have already taken place, the Task Force shares the concerns of organizations representing minority official language communities about compliance with applicable official language provisions. The government should closely examine the existing accountability framework and how it is being applied. Also, future government transformations should place strong emphasis on the issue of accountability with regard to official languages.

Both for transformations already carried out and for those yet to come, the accountability framework must be designed to meet the specific official language needs in the new environment. In the case of LMDAs and other agreements transferring responsibility to the provinces, it is important that recourse to federal authority be provided. Also, provision must be made for Parliament to be informed, at regular intervals, of the impact of government transformations on the position of official languages in Canada.
 

5.9 General Approach

In its public discourse and its internal policies, the federal government must reaffirm its unflagging commitment to linguistic duality. It must also reiterate its commitment to promote the vitality and development of minority official language communities. At a time of rapid and constant change, when survival depends on our ability to adapt, the fundamental Canadian value of linguistic duality must be viewed as a tremendous asset for our country. It embodies a generous, equitable view of social life and is a cornerstone of our identity. And, internally, senior managers in federal institutions must adapt to this discourse and demonstrate firm, clear and effective leadership in practice.

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13 The National Committee for Canadian Francophonie Human Resources Development is composed of active members of Canada's Francophone and Acadian communities, and of representatives of federal departments with economic responsibilities. Its mandate is clear: to provide opinions in order to guide the policies, programs and services of federal agencies that are parties to the agreement, so that those agencies may promote the development and vitality of minority Francophone communities in Canada. [ Return ]

 

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