Tom Mulcair: Quebec premier musing about language people should speak at home
The weather is getting better, the Canada Day long weekend is just around the corner and we could all use a break…so Francois Legault decided it’s the perfect time to attack multiculturalism!
Last weekend, the Quebec premier had this to say: "It’s important that we don’t put all cultures on the same level; that’s why we oppose multiculturalism…We prefer to concentrate on what we call interculturalism, where we have one culture, the Quebec culture…"
Legault, of course, is just repeating something that has become commonplace in Quebec: the notion that multiculturalism is a threat.
That’s one of the reasons why Legault has been fighting for full jurisdiction over the choice of immigrants to his province, especially the family-reunification category.
LANGUAGES SPOKEN AT HOME
Not content to just tell people what language they should speak at work, he’s taken to musing about the language people should speak at home. He apparently doesn’t want families reuniting if they are going to be speaking a language other than French in their own house!
For forty years, Canada has had constitutionally guaranteed official bilingualism within a framework of multiculturalism.
The old "two founding peoples" vision (English and French) was replaced by a view that Canada is enriched by the vibrant diversity of all cultures present, and that irrespective of national origin, certain rights to services in both official languages were to be protected.
Things like access to official language minority schools have been guaranteed. That means, in turn, that the English-speaking community of Quebec and the French-speaking minority of, say, Manitoba both have the constitutional right to control and manage the Boards that oversee the schools their kids can attend.
Other language rights are protected by the Canadian constitution. For example, English and French must be used at all steps of the legislative process in Quebec, Manitoba and New Brunswick (the only officially bilingual province) and the right to use both languages is guaranteed in pleadings before the courts of those provinces.
In order to change the constitution in a way that affects guaranteed language rights, the 1982 Constitution Act says explicitly that you need a joint resolution of the House of Commons and the Senate. That’s what Quebec did when it replaced religion-based school boards with language-based institutions. Lucien Bouchard was the premier, I was in the Liberal opposition and both parties worked together to modernize the system.
Resolutions were obtained in both houses of the Canadian Parliament authorizing the change and It has gone into effect and worked since. Problem is, Legault has also attacked (with Bill 40) the right of the English-speaking community to control and manage its own school boards. The courts have had to intervene to enforce the constitution and stop him.
Since that rebuke, Legault seems to have resolved to never again let the Canadian constitution interfere with his plans to remove minority language rights. With Bill 96, Legault is now claiming to have unilaterally changed the B.N.A. Act, the founding constitutional law from 1867, to remove language guarantees for equality of English and French in official legal documents and before the courts.
No resolution of Parliament was required, in his view, and neither Justin Trudeau nor his Justice Minister David Lametti have stood up to defend the Canadian constitution or the citizens whose rights are being removed.
Those rights have been reinforced through a series of Supreme Court decisions and the bilingual nature of the courts and legislation in Manitoba, Quebec and New Brunswick are constitutionally sacrosanct. Lametti seems to be unaware.
After Bill 96 was enacted at the end of the legislative session in Quebec City, anglophone Quebecers woke up to the fact that they could no longer get a marriage certificate in English and an English birth certificate from B.C. may as well have be from the other end of the world. You need to have both officially translated - at your own expense! Of course this flies in the face of the constitution. But Trudeau and Lametti don’t want to make waves in the province where they both get elected, so they do nothing.
I was working in the legislative branch of the Quebec Justice Department in the late ‘70s when the Supreme Court ruled that the failure to respect the B.N.A. Act’s bilingualism obligations meant that all Quebec legislation could be struck down. A mad scramble ensued and the legislation was all reenacted, in both official languages, the next day.
Manitoba stonewalled but was eventually compelled to produce a full bilingual version of all of its legislation and the forms that come with it. I also worked in Manitoba for a couple of years to oversee that translation.
Imagine for one second that a Manitoba government would claim to be able to unilaterally amend the Manitoba Act, that mandates this official bilingualism! That was in fact a key argument the Manitoba government has tried in the past and it was rejected conclusively by the Supreme Court. If it were tried again, the Federal government wouldn’t waste a second challenging it.
Why then won’t the feds lift their little finger to protect the same right to use English in the courts in Quebec?
WHY THIS INERTIA IN OTTAWA?
When the constitution allows for a difference for one province, it does so explicitly. For example, there is a different rule for access to English school in Quebec which is baked right into s. 23 of the 1982 constitution. There is, however, no difference allowed when it comes to the requirement to enact legislation, every step of the way, in both languages in Quebec. The use of both languages in legal documents before the courts is also guaranteed. So why this inertia in Ottawa?
To find an answer, it’s good to start with Bill 21, the Quebec law that openly discriminates against religious minorities generally and Muslim women in particular.
That law, like Bill 96, is so patently unconstitutional that Legault has preemptively used the notwithstanding clause to say that it applies despite the Charter of Rights.
Since that law was enacted, we’ve had various degrees of dithering from the different Federal parties, including Trudeau’s Liberals. But Trudeau is the Prime minister. Only he can refer these issues directly to the Supreme Court. Problem is, he won’t, because he’s terrified of Legault. As a result, the first time in our history, we have a federal government that refuses to defend the Canadian constitution.
In the meantime, religious and linguistic minorities are being left to fight the discriminatory and unconstitutional Bills 21 and 96 on their own. It’s a shameful abdication of responsibility by Trudeau and Lametti but such is the state of play when it comes to defending the rights of Canadians who happen to live in Quebec.
Against that backdrop, the Trudeau government has introduced language legislation to shore up the ageing Official Languages Act. Quebec has taken to sending in missives to the Feds telling them what changes have to be made to their law to harmonize it with Quebec’s language laws. This is very complex and detailed handiwork that appears to be beyond the grasp of the team Trudeau has tasked with shepherding the file through Parliament.
As a result, the fall session in Ottawa will no doubt see more than its fair share of debates on language.
For now, whether at the lake or in a local park, let’s just give ourselves that break and enjoy this weekend’s celebration of our fabulous country where, despite these ups and downs, we’re all so lucky to live together. Happy Canada Day!
Tom Mulcair was the leader of the federal New Democratic Party of Canada between 2012 and 2017.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
4th Indian national arrested, charged with murder of Hardeep Singh Nijjar
Homicide investigators in B.C. say murder charges have been laid against a fourth Indian national in connection to the killing of Sikh activist Hardeep Singh Nijjar outside a Surrey gurdwara last year.
'I am angry': Alberta farmers will continue fight over world class motorsport resort
The rolling hills leading to the hamlet of Rosebud are dotted with sprawling farms and cattle pastures -- and a sign sporting a simple message: No Race Track.
Man ticketed after allegedly trespassing again at Drake's Bridle Path mansion to get his bike
A man who tried to access Drake’s Bridle Path mansion earlier this week returned to the property Saturday and was apprehended again for allegedly trespassing, Toronto police say.
Couple randomly attacked, 1 stabbed, by group of teens in Toronto, police say
A man has been transported to hospital after police say he was stabbed in a random attack carried out by a group of teens in Toronto on Friday night.
Millions of Canadians have been exposed to potentially toxic chemicals, and they're not going anywhere
For decades, North Bay, Ontario's water supply has harboured chemicals associated with liver and developmental issues, cancer and complications with pregnancy. It's far from the only city with that problem.
Biden calls Trump 'unhinged,' says 'something snapped' in former president after he lost 2020 U.S. election
U.S. President Joe Biden on Saturday called Donald Trump “clearly unhinged” and claimed that “something snapped” in the former president after he lost the 2020 election.
Wildfire that forced evacuation of Fort Nelson, B.C., caused by tree falling on wires, mayor says
The wildfire that prompted the evacuation of more than 3,000 people near Fort Nelson, B.C., was caused by a tree falling on wires, according to the municipality's mayor.
Switzerland's Nemo wins 68th Eurovision Song Contest
Swiss singer Nemo won the 68th Eurovision Song Contest on Saturday night with 'The Code,' an operatic ode to the singer’s journey toward embracing their nongender identity.
IN PICTURES Northern lights dance across the night sky in southern Ont.
From London, to Grand Bend, Collingwood and Guelph, here are some highlights of Friday night and Saturday morning's northern lights display.
Local Spotlight
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.
Federal government bans watercraft from Manitoba lake popular with tourists
The threat of zebra mussels has prompted the federal government to temporarily ban watercraft from a Manitoba lake popular with tourists.
Toronto-area dessert shop featured by Keith Lee forced to move after zoning complaint
A small Ajax dessert shop that recently received a glowing review from celebrity food critic Keith Lee is being forced to move after a zoning complaint was made following the social media influencer’s visit last month.
'Oh Crap!' New exhibit at Canada Science and Technology Museum explores human waste
The Canada Science and Technology Museum is inviting visitors to explore their poop. A new exhibition opens at the Ottawa museum on Friday called, 'Oh Crap! Rethinking human waste.'
Regina police hope new biometric monitoring system will save lives in detention facility
The Regina Police Service says it is the first in Saskatchewan and possibly Canada to implement new technology in its detention facility that will offer real-time monitoring of detainees’ vital health metrics.
Her SUV was stolen in Montreal. A Good Samaritan on Facebook helped her get it back
Just as she had feared, a restaurant owner from eastern Quebec who visited Montreal had her SUV stolen, but says it was all thanks to the kindness of strangers on the internet — not the police — that she got it back.
Vancouver and Edmonton's mayors bet on who will win Round 2 of the playoffs. Here's what's at stake
The stakes have been set for a bet between Vancouver and Edmonton's mayors on who will win Round 2 of the Stanley Cup playoffs.
'No other life taken': Mother leads ATV helmet drive to honour daughter's legacy
A grieving mother is hosting a helmet drive in the hopes of protecting children on Manitoba First Nations from a similar tragedy that killed her daughter.