[A-List] Tories' program cut breaches language act: commissioner

["Jim Yarker" <sjy_estrien@xxxxxxxxxxxx>]

Tories' program cut breaches language act: commissioner

Minority language groups not getting access to courts to guarantee their 
linguistic rights, Fraser says
Last Updated: Tuesday, May 15, 2007 | 3:27 PM ET
CBC News

The federal Conservative government has shown "lack of leadership" and 
should develop a plan to ensure Canadians have access to government programs 
in both official languages, the official languages commissioner says.
In his first official report, released Tuesday, Graham Fraser targeted 
Stephen Harper's government for its decision in September 2006 to scrap the 
court challenges program, which provided funding to minority groups to 
challenge government policies in court.
The government violated the Official Languages Act by getting rid of the 
program, Fraser said, because minority language groups are no longer getting 
access to the courts to guarantee their linguistic rights.
"I'm worried that this apparent lack of will is going to undermine the 
application of the Official Languages Act within the federal public 
service," he told reporters in Ottawa.
"Our official languages, English and French, belong to all Canadians and 
build bridges between us. ? The national conversation takes place in English 
and French."
Fraser said 40 cases before the courts have lost their funding because of 
the Conservatives' decision.
The prime minister, who begins most of his speeches in French, was praised 
by Fraser for setting a personal example of how to employ both official 
languages.
But Fraser said his office's research into how Canadians interact with 
government agencies "seems to indicate that we are falling behind," 
particularly in greeting people in their language in what is called an 
"active offer" ? an obligation under the act.
Languages committee shuts down
Fraser's report comes on the same day a political spat forced the House of 
Commons official languages committee to shut down.
After opposition members teamed up to vote out Conservative chairman Guy 
Lauzon Tuesday, the government said he will not be replaced, and committees 
cannot sit without a chairman.
Government whip Jay Hill said the rules say the chair has to be a government 
member and he's not going to allow the opposition to dictate who that will 
be.
During question period Tuesday, opposition leaders slammed Harper for what 
they said was an attempt to muzzle MPs from questioning the government's 
policies on official languages.
Liberal Leader Stéphane Dion called on the prime minister to name a new 
chair immediately.
"The prime minister doesn't like the Charter [of Rights and Freedoms], he 
kills a program supporting it," Dion said. "He doesn't like official 
languages, he kills a program supporting it. He doesn't like being 
questioned by members of this House, he kills committees."
But the prime minister dismissed the charge, saying the opposition were 
"playing games" with the committee's proceedings and preventing it from 
convening.
"That's something the committee has to rectify," he said.
Harper accused Dion of failing to act on the previous Liberal government's 
own official languages plan in 2003 and cited the Conservatives' $30-million 
funding plan to protect minority languages.
Bloc Québécois Leader Gilles Duceppe called on the Harper government to 
reverse its decision and reinstitute the program, which he said was critical 
for francophones to guarantee their language rights.
Act's application still 'not entirely successful'
The court challenges program was created in 1978 for minority linguistic 
groups to defend and guarantee the services they need in the language of 
their choice.
It was later expanded to other minority groups seeking equality, at a cost 
of about $3 million a year.
There are four million unilingual francophones and 20 million unilingual 
anglophones in Canada, according to Fraser's report.
"Nearly 40 years after the Official Languages Act came into force, its 
application is still not entirely successful," he said.
Fraser also said it was very important that federal ministers and appointees 
be able to speak and understand both official languages to better serve 
Canadians.
"I find it difficult to understand how one can play a national leadership 
role without being able to communicate with all Canadians," he said.
In April, Dion said a Liberal government would restore the court challenges 
program and reverse what he called a Conservative effort to weaken the 
Charter of Rights.
Fraser, a former journalist who was appointed as official languages 
commissioner in 2006, serves as an ombudsman and advocates for English and 
French bilingualism in the federal government and in Canadian society.
With files from the Canadian Press

http://www.fcfa.ca/press/pressrel_detail.cfm?id=159&switchlang

Commissioner of Official Languages? Preliminary Investigation Report
Commissioner?s Findings Useful, but Recommendations Weak

14 mai 2007

Ottawa ? The Fédération des communautés francophones et acadienne (FCFA) du 
Canada agrees with the findings of the Commissioner of Official Languages, 
Graham Fraser, in his preliminary investigation report on the elimination of 
funding to the Court Challenges Program and other government cuts made last 
September. However, FCFA deems very weak the recommendations regarding 
corrective measures.
?Mr. Fraser concludes, as we did, that the federal government did not 
respect its commitments and obligations to take positive measures to support 
the development of official language minorities,? says FCFA president 
Jean-Guy Rioux. ?This severe assessment is very useful, but it?s unfortunate 
that the Commissioner doesn?t back it up with stronger recommendations.?
One of the key recommendations is that the government undertake a thorough 
assessment of the impact of the 2006 expenditure review results on official 
language minority communities. ?Given that the Commissioner refers to 
violations of commitments and obligations prescribed in Part VII of the 
Official Languages Act, it is surprising that the report doesn?t recommend, 
for example, that the decision to eliminate the CCP?s funding and all the 
other decisions that constitute violations simply be reversed.?
FCFA is offering these first reactions to the Commissioner?s preliminary 
report on behalf of the organizations which have undertaken a court action 
to reinstate funding to the CCP: itself, the Commission nationale des 
parents francophones (CNPF), the Fédération nationale des conseils scolaires 
francophones (FNCSF) and the Fédération des associations de juristes 
d?expression française de common law (FAJEF). The Quebec Community Groups 
Network (QCGN), which brings together Quebec?s English-language minorities, 
also supports FCFA?s reaction and is determined to work with Canada?s 
French-speaking and Acadian communities toward the reinstatement of the CCP.
FCFA and the aforementioned organizations wish to congratulate the 
Commissioner of Official Languages and his office for the quality of the 
analysis and findings in the preliminary investigation report. The report 
contains several elements that will be useful in the court action currently 
under way to ensure the reinstatement of the Court Challenges Program.
FCFA?s board of directors will meet in the coming days to prepare an 
official response to the preliminary investigation report. The response must 
be filed within the next 30 days.
FCFA is a national organization that includes the Francophone advocacy 
associations of nine provinces and the three territories, as well as nine 
national organizations. Its role is to defend and promote the rights and 
interests of French speakers outside Quebec.
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Information: Serge Quinty, Communications Director, FCFA du Canada
Tel.: (613) 241-7600 s.quinty@xxxxxxx