Raymond Théberge is co-appellant with francophone federation in case before Federal Court of Appeal
Raymond Théberge has expressed his hope that the Federal Court of Appeal will give Part VII of the Official Languages Act a meaning reflecting the legislators’ intent to improve the vitality of Canada’s English and French linguistic minority communities.
Théberge, as Commissioner of Official Languages of Canada, is a co-appellant with the Fédération des francophones de la Colombie-Britannique (FFCB) in the case against the federal government, for which hearings before the federal appellate court were held in person in Vancouver on Oct. 27 and 28.
A 2018 decision of the Federal Court restrictively interpreted the nature and scope of the duties under Part VII of the Official Languages Act, Théberge said in a statement, which consequently significantly weakened that part of the legislation and negatively affected the language rights of official language minority communities and the way his office can conduct its investigations. The decision was a clear setback for language rights, said the commissioner, who filed a notice of appeal in June.
Under section 41 (Part VII of the Official Languages Act), the Government of Canada is committed to enhancing the vitality of the English and French linguistic minority communities in Canada, supporting their development, and fostering the full recognition and use of both English and French in Canadian society.
Théberge said he has intensified his intercessions regarding the modernization of the Official Languages Act and recommended that the government “establish a regulatory framework that outlines how federal institutions are to carry out their duty to take positive measures.”
A backgrounder provided by the Office of the Commissioner of Official Languages explained the context of the proceeding before the Federal Court of Appeal.
In 2011, the FFCB filed complaints before the commissioner of official languages, claiming that Employment and Social Development Canada (ESDC) and the Canada Employment Insurance Commission fell short of their obligations under the Official Languages Act to the French linguistic minority community when they entered into and implemented the 2008 Canada – British Columbia Labour Market Development Agreement.
The commissioner, upon investigating the matter, found an infringement of Part IV (Communications with and Services to the Public) and Part VII (Advancement of English and French) of the legislation. The commissioner determined that the employment centres launched by B.C. failed to offer service of equal quality in both official languages and that the ESDC and the Employment Insurance Commission failed to show that they had considered the impact of the agreement and of the new employment assistance service delivery model on the vitality of the French linguistic minority community.
In 2013, the FFCB sought orders from the Federal Court to direct the ESDC and the commission to take the steps needed to meet the requirements of Part VII under the agreement, as well as to comply with Part IV by ensuring that the new model offers employment benefits and support measures that are of equal quality for the French-speaking community.
In May 2018, the Federal Court dismissed the FFCB’s application, finding that the requirement to provide services in both official languages was not applicable to the agreement because B.C. was not acting on behalf of the ESDC or of the commission under the legislation. The court also ruled that the ESDC and the commission took adequate positive measures to comply with their obligations under Part VII.
