Roberge addresses concerns about new health-care rules affecting English community

No need for language eligibility certificate: minister Quebec's language minister insists there's no need to prove eligibility to receive health care in English, but some are skeptical.

Quebec's French language minister tried to allay concerns about the health-care network Wednesday, insisting the anglophone community won't need to prove they're eligible to receive care in English.

Jean-François Roberge's comments come after new French-language directives in the province's health care network were released on July 18, which say that all communications, including oral, must be in French.

An exception carved out for English speakers states that "historic anglophones" can provide an eligibility certificate if they want to receive communications exclusively in English with health-care workers.

However, there are other exceptions that would also allow someone to receive care in a language other than French, including emergency situations, when a patient has to consent to treatment, or when they need to make decisions affecting their health and well-being, among others.

In a social media post, Roberge denied claims that receiving health care in a language other than French would be impossible unless the patient could provide a Declaration of Eligibility to receive English education from the Quebec Ministry of Education.

He was reacting to a news report about the directives in the Montreal Gazette.

"Regardless of what has been said in recent days, the directive issued by the Ministry of Health and Social Services is clear: it allows all people who wish to receive health care in a language other than French," Roberge wrote.

"The MSSS directive, like the Charter of the French Language, clearly states that 'an organization may waive the requirement to use French exclusively where health, public safety or the principles of natural justice so require.' We will never deviate from this principle; it is written in black and white in the law!"

Roberge added that except for the historic anglophone community, the directives state that communications of an administrative nature or those that don't compromise the health of the user must be in French.

'People should not be second-guessing themselves'

However, advocates maintain that the new directives are causing confusion and could lead to more medical staff leaving the sector.

Eric Maldoff, a partner at the Montreal law firm Lapointe Rosenstein Marchand Melançon, says that the health and social service system should not be the battlefield for language debates.

"The way the directive works, and the law works, is it says even when there is an exception avoid using another language unless it is absolutely necessary in which case you may use it. The provider may use it," Maldoff explained.

"People should not be second-guessing themselves. 'Can I use it? Can I not use it? Is someone going to be hearing me and report me? That is going to be a very big challenge and that is the issue that is before us in the healthcare system."

Maldoff added that the eligibility certificate was developed for education and not circumstances of health and social services.

"What happens if there is someone here from the United States and doesn't have an eligibility certificate? They speak only this language. Now, you will tell me that the directive says another language may be used, but the reflexes won't be there," he said.

The lawyer emphasized that acquiring a certificate would be difficult for older English-speaking Quebecers because the Office québécois de la langue française has stated that they no longer issue certificates to people who have already graduated.

Sylvia Martin-Laforge, the director general of the Quebec Community Groups Network (QCGN), says that anglophones need reassurance from the minister of health.

“We are talking about health care so anything that could have an influence or impact on how health and social services are provided by the staff or to the patient should be discussed with the minister of health,” Matin-Laforge said.

Additionally, she called the directives “destabilizing” to the health network and noted that she worries about the potential negative health outcomes over these bureaucratic decisions.

On Wednesday evening, Roberge said he would meet with representatives of the English-speaking community to listen to their concerns and provide clarification if necessary.