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FREDERICTON – Message of the Commissioner of Official Languages for New Brunswick, Michel A. Carrier, in recognition of Provincial French Pride Week being held from March 15-19, 2010.

Provincial French Pride Week is a time to celebrate not only the French language but also the rich culture associated with it. And the slogan for the 21st annual French Pride Week reminds us of that: Partons à l’aventure, fêtons notre culture! (Let’s discover; let’s celebrate our culture!)

The multiplicity of languages and cultures enriches us all. In its Universal Declaration on Cultural Diversity, UNESCO says that this “diversity is as necessary for humankind as biodiversity is for nature.”

In many ways, New Brunswick embodies Canada’s linguistic and cultural diversity. Our province’s bilingual status, which ensures the equality of our two languages, helps to raise the profile of French throughout New Brunswick. In a survey conducted in 2009, 84% of New Brunswickers said they were proud to live in the only officially bilingual province. That is good news.

In this era of globalization, it is important to promote cultural diversity. Activities such as Provincial French Pride Week help to do that. For the past 21 years, this event has provided us with an opportunity to celebrate the richness and vitality of French. It is also an ideal time to reflect upon the place of French in our daily lives. Every francophone and francophile has a role to play in ensuring the vitality of French here and around the world.

I therefore invite all New Brunswickers to take part in the many activities during Provincial French Pride Week. Yes, let’s discover and let’s celebrate our culture!

CONTACT PERSON:
Hugues Beaulieu, Director of Public Affairs and Research
Office of the Commissioner of Official Languages for New Brunswick
(506) 444-4229, 1-888-651-6444 (toll-free), e-mail hugues.beaulieu@gnb.ca

Fredericton, January 19, 2010 – Comments from the Commissioner of Official Languages for New Brunswick

On November 9, 2009, the Dieppe City Council proceeded with the first reading of municipal By-law Z-22, which regulates the language of external commercial signage in Dieppe. This is a first in New Brunswick: no municipality has ever legislated in this area before.

New Brunswick’s Official Languages Act does not apply to the private sector, and consequently, commercial signage is excluded from its scope. However, the topic is of great interest to us. In fact, it touches on some fundamental questions that are at the heart of the Official Languages Act and An Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick.

In our opinion, it is important that any regulation dealing with language of signage be recognized as a measure that fully respects the idea of equality of our two linguistic communities. Only then will it be able to inspire other municipalities to act so that commercial signage better reflects the bilingual nature of our province.

The By-law

For several years, the City of Dieppe has made considerable efforts to have commercial signage reflect its linguistic reality more closely, especially since 75% of Dieppe’s residents are francophone. Those awareness efforts have borne fruit, as shown by the results of a study conducted by the committee set up to promote the French language and heritage in Dieppe. However, the municipal council considered it preferable to opt for “a more direct route to equality via the use of signs in both official languages,” as the City explains in a circular that it sent out to Dieppe merchants.

By-law Z-22 stipulates that the message or the content of any new exterior signs will have to be bilingual or French. The by-law targets only the description that appears on the sign, for example, shoe store; the business name is not affected. Moreover, the by-law will not apply to current exterior signs unless they are modified or moved.

Awareness Raising or Regulation: A Common Objective

While awareness raising seems to have reached its limits in Dieppe, that does not mean it is no longer a viable option. In other settings, it can be an effective engine of progress. In that regard, there is a major project by the Association francophone des municipalités du Nouveau-Brunswick. Entitled Notre paysage linguistique [Our linguistic landscape], this project relies mainly on an approach comprising awareness raising and incentives.

Whether the method used is awareness raising or regulation, the objective when it comes to language of signage is the same: give the French language its rightful place. And this is not only a question of respect; the very vitality of the language is at stake. It is generally acknowledged that a linguistic landscape in which English dominates is an assimilation factor. And with good reason: in such circumstances, English is seen as the dominant language, which strengthens its draw. Also, unilingual English signage indicates that the French language is a secondary language, and thus less pertinent, less important. It is easy to imagine the devastating effect that may have on young francophones and their cultural identity. And what about immigrants who arrive in a city where the signage is in English only? Can we expect them to want to learn French?

The vulnerability of the French language in North America is not in question. The ever-present threat of assimilation is there to remind us of it. The Supreme Court of Canada recognized this fact when it ruled on the signage issue a few years ago.

It is interesting to note that francophones and anglophones have different perceptions regarding the future of the French language. A recent survey by Continuum Research indicates that 55% of francophones feel that the future of the French language is threatened, whereas only 22% of anglophones share that view. Those percentages show there is a need to better explain the significant challenges confronting the French language. They also support the validity of measures that will enable the francophone community to achieve real equality, something that is essential to its growth and development.

Equality and Duality

The first part of By-law Z-22 is very interesting, because it contains several references to the equality of New Brunswick’s two linguistic communities. It is therefore understandable that some were surprised to find that the by-law provides that signage may be in French alone. These people asked themselves, “Wait, aren’t English and French equal in our province?”

According to the information we obtained, the option of French-only signs is intended to take into account organizations that offer their services exclusively in French, such as a newspaper or a radio station. The intent of this option is therefore not to force businesses that serve only one community to become bilingual.

The option of French-only signs in Dieppe seems to be inspired by the legal framework (Canadian Charter of Rights and Freedoms, legislation, court judgments) governing the promotion and protection of linguistic minorities. Obviously, a minority linguistic community will try to take advantage of these legal protections to preserve and promote its language and culture. We should also mention the contribution of An Act Recognizing the Equality of the Two Official Linguistic Communities in New Brunswick. That legislation provides that the two communities are entitled to distinct institutions within which cultural, educational, and social activities may be carried on.

We believe that the City of Dieppe could take these same principles into account in allowing unilingual English signage in the case of businesses or organizations that exercise a cultural mission within the anglophone community in Dieppe. Examples might include a local newspaper or an independent bookstore. Such a measure would not detract from the objective pursued by By-law Z-22. Furthermore, it would clearly show that the City of Dieppe is not trying to diminish the status of English or retaliate against the anglophone community, as some have implied. It would thereby be obvious that the intention is to treat both linguistic groups the same, while offering the francophone community an important tool for its development and growth. Consequently, By-law Z-22 would be considered a necessary measure in this quest for real equality and could in a way encourage other municipalities in the province to deal with the issue of commercial signage in a more proactive fashion. Francophones elsewhere in the province could then enjoy, individually and collectively, the benefits of a linguistic landscape in which French and English are treated on an equal footing.

We understand the City of Dieppe’s objectives with regard to the language of signage. Our comments seek to ensure that By-law Z-22 achieves the hoped-for goals and at the same time adds to the efforts to promote the equality of our two official languages throughout the province.

For more information:

Hugues Beaulieu
Director of Public Affairs and Research
Office of the Commissioner of Official Languages for New Brunswick
506-444-4229 or 1-888-651-6444

Fredericton, November 23, 2009  – Press Release – A conference on official languages will be held on November 24 and 25 in Fredericton. Nearly one hundred persons from a wide range of backgrounds have been invited to this meeting organized by the Office of the Commissioner of Official Languages for New Brunswick.

With its theme Shaping Our Future with Two Languages / Deux langues pour façonner notre avenir,  the conference will deal mainly with people’s perceptions and attitudes toward official languages and bilingualism. “The objective is to understand these perceptions better in order to promote our two languages more effectively,” explained the Commissioner, Michel Carrier.

The conference will open on the evening of November 24 with a conversation between two prominent figures: John Ralston Saul and Herménégilde Chiasson. The program of activities for November 25 consists of the results of a survey on official languages, presentations, a round table, and workshops.

“A survey conducted during summer 2009 by Continuum Research* indicates that a majority of New Brunswickers (82%) support the concept of official languages,” added the Commissioner. “That is good news. The survey also shows that our two linguistic communities do not always have the same perceptions regarding other aspects of official languages. For example, 55% of francophones feel that the future of the French language is threatened, whereas only 22% of anglophones share that view. These perceptions are important, and we need to understand them in order to better promote full recognition and the use of our two officials languages.”

In 1969, New Brunswick adopted its first legislation making English and French the province’s two official languages. The conference Shaping our Future with Two Languages / Deux langues pour façonner notre avenir  is one the activities marking the 40th anniversary of the passage of that legislation.

* Survey Results are presented in the 2009-2010 Annual Report (pages 7-11)

For more information:

Hugues Beaulieu
Director of Public Affairs and Research
Office of the Commissioner of Official Languages for New Brunswick
506-444-4229 or 1-888-651-6444

Members of the press who wish to attend the conference are required to register with the Office of the Commissioner of Official Languages for New Brunswick.

Fredericton – November 9, 2009 – The Office of the Commissioner of Official Languages for New Brunswick is publishing today an insert entitled People are Talking… about Official Languages.

“Talk about official languages generally revolves around legislation, policies, and court decisions”, said Commissioner Michel Carrier. “We forget that, behind this issue, there are people first of all, members of our two linguistic communities. That is why, on the occasion of the 40th anniversary of the adoption of the first official languages legislation, we offer these personal accounts by persons of all backgrounds.”

The bilingual insert is distributed in the province’s main daily newspapers. It can also be viewed online on the website of the Commissioner of Official Languages for New Brunswick. People are Talking…About Official Languages.

“The personal accounts contained in this publication help us realize the progress we have made over the decades, the benefits of knowing more than one language, and the challenges that lie ahead,” said the Commissioner. “I wish to thank all those who agreed to share their thoughts with us.”

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For more information, please contact:

Hugues Beaulieu
Director of Public Affairs and Research
Office of the Commissioner of Official Languages for New Brunswick
506-444-4229 or 1-888-651-6444

Commissioner of Official Languages Advocates More Generous Vision of Official Languages

Fredericton, October 6, 2009 – In the view of Michel Carrier, the Commissioner of Official Languages, real equality between New Brunswick’s two linguistic communities is contingent upon a more generous vision of official languages. His remarks were made on the occasion of the submission of his 6th Annual Report.

“Too often, the Official Languages Act is seen as a necessary evil rather than a symbol of respect and equality,” said Carrier. “Too often, the spirit of the Act is neglected in favour of a very specific, limited interpretation. Forty years after the adoption of the first Act, the time has come for a much more generous vision of official languages.”

In his annual report, Commissioner Carrier indicates that his office received 148 complaints between April 1, 2008 and March 31, 2009. Of that number, 62 were admissible, with 52 based on lack of service in French and 10 on lack of service in English. In addition, the Office handled 65 requests for information concerning the Official Languages Act (OLA).

“This sixth report paints the picture of a very special year for official languages,” noted Carrier. “The past year was one of progress owing to the new language of work policy and the setting up of a committee tasked with ensuring enhanced implementation of the Act. It was also a year marked by government reforms in health and education that generated a great many questions and concerns about what had been achieved in the area of language rights. And it was a year of reflection because of the 40th anniversary of the adoption of the first Official Languages Act.”

Language of work within the civil service

In his report, Commissioner Carrier recommends that the government take three steps in order to ensure the success of the new language of work policy within the civil service. “Deputy Ministers and managers must provide strong, ongoing leadership so that employees take advantage of this policy,” said Carrier. “It is also necessary to implement a strategy for promoting official languages in the workplace and to ensure better access to language training.” Further, Michel Carrier recommends that the key elements of this new policy be added to the Official Languages Act at the time of its review, which must take place by December 31, 2012. “I believe the right to work in one’s own language is fundamental given the status of equality of New Brunswick’s two linguistic communities,” he indicated.

Implementation of the Official Languages Act

The Commissioner also noted that he is very anxious to see the government’s strategy for ensuring the enhanced implementation of the Official Languages Act. Over the past few years, Carrier recommended several times that the institutions subject to the OLA adopt a master plan in order to ensure better application of the Act. “Such a strategy, if it were well designed and applied uniformly, could lead to major progress in the provision of quality bilingual services,” said the Commissioner. “To help mark the Act’s 40th anniversary, I believe we can give ourselves a gift that reflects a more generous vision of official languages.”

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To view the 2008-2009 Annual Report.

For more information, please contact:

Hugues Beaulieu
Director of public affairs and research
506-444-4229 or 1-888-651-6444
Hugues.Beaulieu@gnb.ca

An anniversary to celebrate our two official languages… and to inspire further progress

It happened in 2004 at the launch of Louis J. Robichaud’s biography. The book signing was coming to an end, and I went up to the former Premier. He congratulated me on my appointment, and before long, we were discussing the state of bilingualism. He told me that the progress achieved since the passage of the first Official Languages Act went beyond anything he could have imagined back in 1969. He was visibly proud and delighted by what he was seeing and hearing.

What seems natural to us today when it comes to official languages was not the case in 1969. That is what the “father” of the first Official Languages Act had noted over the years. This 40th anniversary is an opportunity to pay tribute to the political courage of Louis J. Robichaud, as well as that of then Leader of the Opposition Richard Hatfield. Let’s not forget that this legislation was passed unanimously.

Forty years later, it must be acknowledged that a great deal of progress has been accomplished. One simple question will serve to illustrate my contention: Would it be possible to imagine the Mayor of Moncton refusing to allow the city’s residents to speak French before the municipal council today? Yet, that is what happened in 1968, and that event left more of a mark on the popular imagination than did the passage of the first Act.

We have certainly made progress. Does that mean we have achieved real equality? No. And there is still a way to go. In that regard, I welcome the provincial government’s recent announcement that it is developing a strategy to enhance the application of the Official Languages Act. That is a step we have been recommending for several years, and I am certain it will be productive.

Our advancement toward real equality also requires a change of attitude, and even culture. Too often, the Official Languages Act is seen as a necessary evil rather than a symbol of respect and equality. Too often, the spirit of the Act is neglected in favour of a very specific, limited interpretation. Too often, people traffic in myths instead of going back to the facts and accepting the necessary consequences of official bilingualism.

Forty years after the adoption of the first Act, time has to come to embrace a more generous vision toward official languages. It is the hope I have for all of us on this very special occasion.

CONTACT PERSON: Hugues Beaulieu, Director of Public Affairs and Research, Office of the Commissioner of Official Languages for New Brunswick, (506) 444-4229, 1-888-651-6444 (toll-free), e-mail hugues.beaulieu@gnb.ca.

Closing the gaps in marketing – Tuesday, April 14, 2009 – Mary Teresa Bitti, Financial Post

Matt Daigle and Elizabeth-Anne McCleave are, well, thrilled. The University of New Brunswick MBA students have just won two Volkswagen Golfs thanks to the ad campaign they created to promote Volkswagen’s new Routan. More important than the prize — perhaps the richest of any university competition in Canada — is the exposure it has given them.

Canada’s Next Top Ad Executive, a national competition for marketing and advertising university students, offers the opportunity to develop a real-world marketing campaign for a real-life company. It was designed to help bring participants, academia and industry together and places the top 10 teams front and centre with top ad agency CEOs and industry executives.

Now in its third year, Canada’s Next Top Ad Executive competition was conceived and is hosted by the DeGroote School of Business at Mc-Master University. Teams were initially required to develop both an elevator pitch and a strategy document. Mr. Daigle and Ms. McCleave, who were one of two groups who made it to the top 10 from the University of New Brunswick, learned of the competition just one week before the elevator pitch was due.

“The advertising world is new to me and the competition piqu ed my interest,” says Ms. McCleave, whose major is entrepreneurship. “The idea to build a campaign for Volkswagen was an awesome opportunity. What drew me to it was the creative aspect. We started brainstorming and came up with a great idea that we felt meshed well with Volkswagen’s current campaign. It was creative, out of the box, catchy, memorable… we really believed in our idea. That’s what pushed us to go further and further.”

Volkswagen and the 20-some industry judges agreed. And the winning pitch will be included in the company’s campaign to promote the Routan — although the details are hush-hush at this point.

“It’s surreal,” says Ms. McCleave, who would like to own her own company in the marketing and advertising field one day.

“I wanted to have that experience of working in advertising so this was the perfect opportunity. I’m a huge car buff and Volkswagen has always been my favourite car company. Since I was a kid I’ve always wanted a Golf, so when I saw this was for Volkswagen, I was so excited.”

Far more attractive than the prospect of winning a car, though, Ms. Mc-Cleave says, was the opportunity to meet industry leaders. And that, says Mandeep Malik, professor of marketing strategy and sales management at DeGroote School of Business, and the man behind the competition, is a key element of the program.

“The nature of business education is changing; there is a need for it to change,” Mr. Malik says. “I started teaching here in 2000 and very quickly realized business schools don’t have labs. Their students can’t experiment and see the results of their experiments and build their confidence in terms of trust in what they are taught in the classroom — that it actually works in practice.”

There was another, more pressing issue: the gaps in the marketing curriculum Canada-wide. “If you were to do a snapshot of what the marketing industry is and what the different functions are and you try and overlay what business students are taught, you find there is a huge mismatch,” Prof. Malik says. “The curriculum is severely lacking.”

In 2006, Mr. Malik surveyed some 50 business schools across the country and found only seven offered an introductory course in advertising and marketing communication.

“With the lack of familiarity with this critical marketing function people are not exposed to the career opportunities in this particular field,” he says.

So he set himself the task of designing a way to bring the major stakeholders together; namely, industry and students. “Ad agencies are working in hyper competitive environment. They recruit from universities. They want well-educated, highly qualified candidates who can represent them credibly. It seemed like a great opportunity to seize upon for students, universities and industry,” Prof. Malik says.

And they have done just that. This year, the competition received 143 qualified submissions from 37 business schools across the country. That’s up from 41 submissions in its first year.

“The response from students is completely beyond our expectations,” Prof. Malik says. “The key issue in marketing is talent acquisition and retention. Where do we get the best talent? This program is helping with that.”

Financial Post
http://www.financialpost.com/story.html?id=1493075

Fredericton, April 1, 2009 – New Brunswick Official Languages Commissioner Michel Carrier today called upon the senior provincial civil service to exercise strong, sustained leadership with regard to language of work to ensure that all provincial government employees are able to work in the language of their choice. Commissioner Carrier made this statement on the day on which the provincial government’s revised language of work policy comes into force.

“Forty years after the adoption of the first official languages legislation in New Brunswick, it seems clear that the situation in terms of language of work does not correspond to the status of equality of both our official languages in New Brunswick,” the Commissioner said. “The revised policy seeks to correct that situation. However, for that to happen, the senior civil service has to exercise real leadership aimed at creating a work environment that is respectful of French and English.”

According to the government document, the Language of Work Policy is intended to assist and guide provincial departments, institutions and agencies in providing a work environment that encourages and enables employees to work and pursue a career in their official language of choice.

“For employees to choose to work in the language of their choice, they must clearly feel that they are being encouraged to do so. Otherwise, they will not dare or will be very hesitant to make that choice. The responsibility for creating that favourable environment falls first and foremost to the organization’s leaders,” the Commissioner said.

After having recommended on a number of occasions that the language of work policy be improved, the Commissioner received, in September 2008, a copy of the revised policy. He then proceeded to analyze the document and submitted several comments and recommendations to the government with a view to enhancing its effectiveness.

“Even though the revised policy does not reflect all of our comments and recommendations, I am pleased that the provincial government accepted that each employee be able to be supervised in the language of his or her choice,” Carrier said.

The language work policy recognizes the government’s obligation to offer and provide services in the public’s official language of choice.

According to the Commissioner, successful implementation of the policy will pave the way for incorporating language of work into the Official Languages Act. “The provincial government has to undertake a review of the OLA by December 31, 2012. That is the ideal time to include the right to work in one’s language in the OLA. I believe that right is fundamental given the status of equality of the two linguistic communities in New Brunswick, a status that is enshrined in the Canadian Charter of Rights and Freedoms,” Commissioner Carrier said.

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For more information, please contact:

Hugues Beaulieu
Director of public affairs and research
506-444-4229 or 1-888-651-6444

Fredericton, March 12, 2009 – This year marks the 20th edition of Provincial French Pride Week. For two decades now, this colourful event has enabled New Brunswick francophones and francophiles to celebrate the French language and their membership in the extended family of the Francophonie, which takes in 200 million persons in 33 countries.

This year also marks the 40th anniversary of the adoption of New Brunswick’s first Official Languages Act. Back in April 1969, the Legislative Assembly passed legislation for the first time which provides that English and French are the province’s official languages and have equality of status and equal rights and privileges. With that historic gesture, New Brunswick acquired the status of Canada’s only officially bilingual province.

The Official Languages Act of 1969 marked the beginning of a slow but real progression toward equality of our two languages. Over those four decades, much has been accomplished. Access to government services in both official languages has improved significantly. English and French have become the official languages of the courts. Each linguistic community now has its own public school system. Attitudes toward official languages have progressed as well, as shown by the interest for the French immersion program. Certainly, there is still a long way to go before we achieve real equality between our two languages. In that respect, our attitudes and behaviours play a determining role.

Availing yourself of government services in your own language is not only a right but also a concrete way to contribute to the vitality of your language. All New Brunswickers are entitled to receive provincial government services in the language of their choice. Moreover, the Official Languages Act requires that the provincial government take the necessary measures to let citizens know they can obtain these services in the official language of their choice. I therefore wish to take the opportunity of Provincial French Pride Week to invite all citizens to exercise their language rights.

The slogan chosen for this year’s edition – Francophones de tous les pays, venez fêter en Acadie [Francophones from around the world, come celebrate in Acadia] – alludes of course to the World Acadian Congress, which will be held this year on the Acadian Peninsula. That gathering reflects the vitality of New Brunswick’s francophone community, and we should take delight in that fact.

A language finds its expression first and foremost in the people who speak it. The presence of French in North America is explained in large part by the deep attachment of men and women to their language and culture. Despite obstacles, without the strength of numbers, they held fast. Their tenacity should inspire us to carry on their work.

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Media contact: Hugues Beaulieu, Director of Public Affairs and Research, 506-444-4229 or 1-888-651-6444

Perspective of the Commissioner of Official Languages for New Brunswick

Much has been written about the lawsuit initiated by the committee Égalité santé en français against the provincial government, and that may well continue. Especially since this type of case usually goes all the way to the Supreme Court. This debate is generating a great deal of interest, and rightly so. It has to do with constitutional rights, the equality of the two linguistic communities, and the interpretation of fundamental statutes. For my part, I have two observations to make: first, the ambiguity that exists in this debate does not serve the public's interests, and second, a timid attitude in relation to fundamental legislation is detrimental to harmonious advancement toward real equality.

The facts

On March 11, 2008, the New Brunswick government announced a major reform of its health care system. One of the key elements of that reform involved reducing the number of regional health authorities from eight to two. Regional Health Authority A takes in the facilities serving a predominantly French-speaking clientele, whereas Regional Health Authority B takes in those serving a predominantly English-speaking clientele.

The establishment of two health authorities by the provincial government seems to have been aimed at giving the francophone community a say in the management of health care facilities. In fact, in an interview published in an anglophone daily newspaper on February 2, 2009, Premier Shawn Graham said that “our Acadian population would never accept a single bilingual health authority.” It should be noted that the two new health authorities are not officially designated on a linguistic basis.

I studied the health reform in detail, and, on March 31, 2008, I sent my comments and recommendations to the Minister of Health. In my letter, I supported the recommendation of the Société de l’Acadie du Nouveau-Brunswick that Health Authority A be designated as francophone and Health Authority B as anglophone. Furthermore, I recommended a number of measures intended to enhance the provision of services of equal quality in both official languages throughout the province. The government elected to proceed otherwise.

When ambiguity hinders the debate

The Official Languages Act and the Act Recognizing the Equality of the Two Official Linguistic Communities are fundamental legislation; they define us and are therefore at the heart of our collective identity. That is why elements of those two statutes were enshrined in the Canadian Charter of Rights and Freedoms.

When the government’s Statement of Defence in the case opposing it to Égalité santé en français was presented, there were strong reactions on a number of fronts: some aspects of that document were interpreted as a negation of the principle of equality between the two linguistic communities. Although, in reading the entire document, one finds statements that seem to recognize the equality of the two communities and constitutional rights, the provincial government chose not to respond to the other party’s allegations. A normal tactic in legal proceedings? Perhaps. But that silence fueled a level of confusion that certainly does not help citizens to understand the issues in this debate.

Our legal framework with respect to language rights

The system of language rights protection in Canada falls within a framework of international law that protects ethnic, religious, and linguistic minorities. That legal system reflects and confirms the deep belief of Canadians that a true democracy must ensure equality of opportunity for all of its citizens, including those belonging to minority groups. That belief has been the impetus for the changes to the law with respect to linguistic equality that have occurred over the last 40 years. Furthermore, we have long recognized that real equality requires more than simply treating people the same way. In fact, specialized or different services will often be necessary in order to ensure real equality between the two linguistic groups.

The consequences of a timid attitude in interpreting rights

Despite their importance, the Act Recognizing the Equality of the Two Official Linguistic Communities and the Official Languages Act are not always applied rigorously. Each year, my annual report details significant incidents and areas of non-compliance with the obligations imposed by the Official Languages Act. Moreover, no department has adopted a comprehensive plan for implementing that statute. Yet, for five years now, I have been recommending such a measure in order to achieve greater progress toward real equality of our two languages. How do we account for such a situation? I see it as a lack of government commitment as regards the obligation to apply, concretely and proactively, not only the content but also the spirit of these two fundamental statutes.

Certainly, there has been progress in terms of language rights in recent years. However, the government too often interprets these rights in a timid or even limited fashion. It is therefore not surprising that its actions in this area often take the form of half-measures that lead, naturally enough, to half-results. Such an attitude sows doubt in the minds of people regarding the government’s commitment and the possibility of attaining real equality.

From my perspective, the ambiguity and the debate generated by the health reform are a consequence of the provincial government’s timid attitude when it comes to the interpretation of its legal obligations. The provincial government should therefore not be surprised that people are turning to the courts to obtain the full range of their rights. That is what happens when there is a failure to assume rightful leadership.

Debates, including legal debates, are at the heart of our democratic system. Often, they have resulted in changes in the law, particularly with respect to official languages. The courts should be turned to only when all of the discussions have taken place and there no longer seems to be any room for agreement. Is that the case in the health field? Perhaps. What matters now is that, throughout the legal debate, the public be adequately informed. That requires an effort at clarity on the part of all stakeholders.

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CONTACT PERSON: Hugues Beaulieu, Director of Public Affairs and Research, Office of the Commissioner of Official Languages for New Brunswick, (506) 444-4229, 1-888-651-6444 (toll-free), e-mail hugues.beaulieu@gnb.ca.

Comments of the Commissioner of Official Languages for New Brunswick further to an article published in the January 19, 2009 edition of the Telegraph Journal

As Commissioner of Official Languages, I feel I must respond to Margaret-Ann Blaney’s remarks concerning the language requirements established for the position of head of the provincial trauma centre (“MD disputes gripes” – Telegraph Journal – January 19, 2009). In fact, her statements suggest that the bilingualism requirement attached to this position could mean hiring a physician with lesser professional skills. Those words fuel a false debate that no longer has any place in our province. It is not a question of choosing between compliance with the Official Languages Act and quality of care. Both must be ensured.

In the same article, Dr. Dennis Furlong, chair of the committee responsible for establishing the new trauma centre, aptly notes that the facility in question is a provincial centre. That means it will be offering all of its services to both linguistic communities.

As I have reported often, the 2002 Official Languages Act (OLA) and the obligations contained therein seemed to have presented many health establishments with challenges with respect to their capability of offering services of equal value in both official languages. All have taken measures to move towards full compliance with varying degrees of success. Most agree that it will take some time before they can offer all services as contemplated by the OLA. Unless we learn from history, we are condemned to repeat past mistakes; thus the importance of ensuring that linguistic obligations are at the forefront of considerations in the establishment of any new health institution. This is especially true when it is designed to and has a mandate to serve all of New Brunswick. The trauma centre is such a facility of capital importance for all New Brunswickers.

Leadership must play an essential role in the process. As it has been so appropriately recognized by the committee, there are very important symbolic and practical reasons why the head of that unit should be able to function in both official languages. It is an integral part of the efforts to ensure equal and complete access to services in both official languages.

It is normal for health care to be the subject of sometimes lively discussions. What is less so is having to point out that compliance with the Official Languages Act is an obligation, not an option, nearly 40 years after the first official languages legislation was adopted in New Brunswick. But allow me to point it out anyway. That will enable us to have more productive discussions necessary to progress towards true equality.

Michel A. Carrier, Q.C.
Commissioner of Official Languages for New Brunswick

Fredericton, November 18, 2008 – The Commissioner of Official Languages, Michel Carrier, has submitted his annual report for 2007-2008 to the Legislative Assembly, in accordance with the Official Languages Act (OLA).

During the 2007-2008 fiscal year, the Office of the Commissioner of Official Languages handled 126 complaints and 30 requests for information. A total of 58 complaints were admissible, with 45 based on a lack of service in French and 13 based on a lack of service in English. Forty (40) complaints were deemed inadmissible because they did not come under the Commissioner’s authority or did not concern an institution within the meaning of the Act. Twenty-eight (28) complaints were referred to other institutions. A summary of complaints resolved during the year is included in the Annual Report.

In addition to descriptions of the complaints resolved during the 2007-2008 fiscal year, the report also includes details of investigations wherein the Commissioner provided recommendations urging institutions to act in order to ensure compliance with the Official Languages Act.

While provincial institutions continue to collaborate with the Office of the Commissioner during investigations, they are not proactively working to fulfill their obligation to comply with the OLA and live up to their responsibility to take positive action to promote the cultural, economic, educational and social development of New Brunswick’s linguistic communities. Indeed, there has been no real response to the Commissioner’s recommendation in his 2004-2005 annual report that strategic plans must be developed and implemented in all provincial institutions. Despite the fact that the Commissioner has repeated this recommendation in each subsequent annual report, institutions have yet to take it seriously.

The Commissioner is also disappointed with the Department of Justice’s reaction to the issue of equal access to court decisions, orders or judgments. Almost two full years after the Commissioner submitted his recommendations in the matter, the Deputy Minister of Justice finally wrote to the Commissioner in May, 2008, to inform him that the Department considers that the current way of doing things regarding the language of court decisions, orders or judgments does not contravene the OLA and that the Department has no intention of referring the matter to the New Brunswick Court of Appeal, as per the Commissioner’s recommendation. The position finally taken by the Department of Justice, as well as its succinct response to an important investigation leaves the impression that the Department has done nothing to address the problem since it was first raised in 2003. “Given that the Department of Justice is responsible for the application of all New Brunswick’s laws, its attitude toward the Official Languages Act is perplexing and worrisome,” said the Commissioner.

As well, the Commissioner recommended that the province undertake an exhaustive study of its second-language training program with a specific examination of the possible reasons why the number of participants is so low as well as whether the program is achieving the desired results. He also recommended that the province come up with a plan to implement any needed improvements to this program, which is essential to the delivery of government services in both official languages.

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The report is also available online at www.officiallanguages.nb.ca. For more information, please contact Giselle Goguen, Director of Public Affairs and Research, at 506-444-4229 or 1-888-651-6444, or via e-mail at giselle.goguen@gnb.ca.