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An Official Languages Act That Serves Minority French-Language Education to Face the Shortfalls of the Action Plan for Official Languages 2018-2023

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An Official Languages Act That Serves Minority French-Language Education to Face the Shortfalls of the Action Plan for Official Languages 2018-2023 Submission of the Conseil scolaire francophone de la Colombie-Britannique presented to the Standing Committee on Official Languages in the context of its study on the Action Plan for Official Languages 2018-2023: Investing in Our Future An Official Languages Act that serves minority French-language education to face the shortfalls of the Action Plan for Official Languages 2018-2023 Marie-France Lapierre, President of the Conseil scolaire francophone de la Colombie-Britannique Marc-André Ouellette, Vice-President of the Conseil scolaire francophone de la Colombie-Britannique For all questions concerning this submission, please contact Sylvain Allison, Secretary-Treasurer, ([email protected]) Vancouver, British Columbia September 26, 2018 Table of Contents Introduction ..................................................................................................................................... 2 Development ................................................................................................................................... 5 A) The Action Plan 2018-2023 does not provide any concrete solutions to the problems of access to property faced by the CSFCB ...................................................................................... 5 ✓ The CSFCB asks that the Official Languages Act be amended so that it requires federal institutions to consult minority school boards and commissions before transferring real property .............................................................................................. 7 B) The Action Plan 2018-2023 reinforces the use of current and problematic frameworks for financial support ........................................................................................................................ 10 ✓ The CSFCB asks that the Official Languages Act be amended so that it clearly frames the federal government’s obligations with respect to the funding of elementary and secondary education in the minority language, particularly with regard to capital assets........................................................................................................................... 14 ✓ The CSFCB asks that the Official Languages Act be amended to provide an adequate framework for federal funding for early childhood in order to promote the development and vitality of minority official language communities ....................... 16 C) The Action Plan 2018-2023 contains no indications that the federal government will require Statistics Canada to enumerate all rights-holders under section 23 of the Charter ...... 17 ✓ The CSFCB asks that the Official Languages Act be amended so that it expressly requires Statistics Canada to enumerate rights-holders under section 23 of the Charter ....................................................................................................................... 19 Conclusion .................................................................................................................................... 20 Page 1 of 21 INTRODUCTION [1] The Conseil scolaire francophone de la Colombie-Britannique (“CSFCB”) thanks the Standing Committee on Official Languages (the “Committee”) for its invitation to testify as part of its study on the Action Plan for Official Languages 2018-2023: Investing in Our Future. [2] The CSFCB, established pursuant to section 23 of the Canadian Charter of Rights and Freedoms (the “Charter”), provides elementary and secondary homogeneous French- language instruction throughout the province. It has existed since 1995 and has more than 6,000 students in around forty schools and annexes. [3] In May 2017, the Standing Senate Committee on Official Languages (the “Senate Committee”), following its study on the challenges associated with access to French- language schools and French immersion programs in British Columbia1, put forward recommendations. Together, these recommendations constitute a solid roadmap that would ensure that the federal government respects its commitment to promote the vitality of the Francophone minority and support its development in the field of education.2 Among other things, these recommendations addressed the problems of acquiring property, federal support programs for education in French and early childhood, and the need to enumerate rights-holders under section 23 of the Charter. [4] However, in response to the recommendations of the Senate Committee, the federal government3 suggested that the identified concerns would, for the most part, be addressed by its new Action Plan for Official Languages 2018-2023 or by the next Protocol for Agreements for Minority-Language Education and Second-Language Instruction (“Protocol for Agreements for Minority-Language Education”).4 With regard to the transfer of land belonging to federal institutions, the government simply stated that in its view this was a “complicated” question and that it would give it the opportunity to remind all the institutions currently involved of the current process, which, according to the federal 1 Senate, Standing Senate Committee on Official Languages, Horizon 2018: Toward Stronger Support of French- Language Learning in British Columbia, May 2017 (Honourable Claudette Tardif) at pp. x-xiii [Senate Committee, Horizon 2018]. 2 Official Languages Act, R.S.C. 1985 c. 31, s. 41 (4th supp.). 3 Government response to the fourth report of the Standing Senate Committee on Official Languages, signed by the Honourable Jean-Yves Duclos, Minister of Families, Children and Social Development, the Honourable Ahmed Hussen, Minister of Immigration, Refugees and Citizenship, the Honourable Mélanie Joly, at the time Minister of Canadian Heritage and the Honourable Carla Qualtrough, Minister of Public Services and Procurement [Response to the fourth report]. 4 Canada, Council of Ministers of Education, Protocol for Agreements for Minority-Language Education and Second-Language Instruction 2013-2014 to 2017-2018 between the Government of Canada and the Council of Ministers of Education, Canada, signed August 14, 2013, Ottawa [Protocol for Agreements 2013-2014 to 2017- 2018]. page 2 of 21 government, would be sufficient to take into account the needs of official language minority communities. [5] It was in this context that the federal government unveiled its “Action Plan for Official Languages 2018-2023: Investing in Our Future” in March of this year.5 The CSFCB clearly welcomes the fact that this plan recognizes a number of needs of minority official language communities and that additional investments have been announced to support their protection and vitality. [6] However, the CSFCB would like to take advantage of your study of the Action Plan 2018- 2023 to reiterate that the various difficulties it faces are of a structural nature and require permanent solutions. Although the Action Plan 2018-2023 is a step in the right direction, the CSFCB is convinced that the problems and concerns raised by itself and the Senate Committee will not be addressed by the new Action Plan 2018-2023, by a new Protocol for Agreements for Minority-Language Education, or by “reminding” the institutions involved of a flawed process for transferring federal property. Funding and the granting of additional funds are unquestionably necessary. However, the safeguarding of the rights of British Columbia’s French-language community does not depend solely on the granting of sums of money through a periodic and non-binding Action Plan. As it stated to the Senate Committee6 and to your Committee,7 the CSFCB is convinced that a permanent, structural solution to the problems identified in the Senate Committee’s report requires the modernization of the Official Languages Act. [7] Indeed, the impermanence of the federal funding structure for minority-language education and the absence of concrete obligations for the federal government to provide this funding or to transfer surplus federal land, keeps minority Francophone communities in a perpetual state of uncertainty. For example, with reference to the transfer of federal funds through the Protocol for Agreements for Minority-Language Education, the Senate Committee emphasized in its report on education in French in British Columbia that “[f]or more than a decate [it] has been made aware of these shortcomings and has been waiting for the federal government to make changes to its practices” and consequently it could “only reiterate the recommendations it made in its June 2005 report.”8 The Senate Committee also stressed 5 Canada, Department of Canadian Heritage, Action Plan for Official Languages 2018-2023: Investing in Our Future, Catalogue no. CH14-39/2018, Ottawa, 2018 [Action Plan 2018-2023]. 6 Conseil scolaire francophone de la Colombie-Britannique, For an Official Languages Act in Service of Minority French-Language Education, brief presented to the Standing Senate Committee on Official Languages in the context of its study on Canadians’ views about modernizing the Official Languages Act, February 12, 2018. 7 Conseil scolaire francophone de la Colombie-Britannique, Providing a framework for federal initiatives in early childhood education in the Official Languages Act, brief presented to the Standing Committee on Official Languages in the context of its study on access to early childhood services in the language of the minority, February 28, 2018. 8 Senate Committee, Horizon 2018, supra at p. 62. page 3 of 21 that “[t]he first place where the federal government must act is by facilitating the efforts of the local francophone
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