Question Period Note: Language Skills Act (S-220 and S-229)

On December 1st, 2021, Senator Claude Carignan introduced Bill S-229 that would amend the Language Skills Act to add the position of Lieutenant Governor of New Brunswick to the list of positions where knowledge of French and English is mandatory. This is in addition to Bill S-220, introduced by the Senator a week earlier, concerning language skills of the position of Governor General of Canada.

• The historic appointment of our Governor General, the first Indigenous woman to hold this prestigious position, represents an important step towards Reconciliation with Canada's Indigenous peoples, which is a priority for our government.
• As Canadians, both official languages are part of our identity. The Governor General is pursuing her French language learning and we support her in her efforts.
On the nomination process for the Governor General:
• Our Government followed a rigorous process to recommend and appoint an individual who reflects Canada’s diversity and this appointment reaffirms our commitment to Reconciliation.
• The current Governor General was appointed by the Queen on the advice of the Prime Minister. Her nomination was supported by an Advisory Group with members who were chosen for the diverse perspective they provide as well as their expertise in matters relating to government and the Crown in Canada.
On the position of Lieutenant-Governor of New-Brunswick:
• The Lieutenant Governor of New Brunswick continues to improve her French language skills to better represent the province’s francophones. We support her in her efforts.
• Our government is committed to recommending a bilingual successor to the position of Lieutenant Governor of New Brunswick in the future.

• On November 3, 2022, debate continued on the second reading in the Senate of Bill S-220, An Act to amend the Languages Skills Act (Governor General), and its examination will continue later. Bill S- 229, An Act to Amend the Language Skills Act (Lieutenant Governor of New Brunswick), was given second reading in the Senate in February 2022. Second reading will continue later.
• On November 24, 2021, Senator Claude Carignan introduced a bill (S-220) that would amend the Language Skills Act to add the position of Governor General to the list of public service positions where knowledge of French and English is mandatory. On December 1, 2021, the Senator then tabled a Bill (S-229) that would amend the Language Skills Act to add the position of Lieutenant Governor of New Brunswick to the list of public service positions where knowledge of French and English is mandatory. Both bills went through second reading in the Senate on December 9 (S-220) and 14 (S-229), 2021.
• On July 6, 2021, Mary Simon was appointed Governor General and sworn in on July 26, 2021. She is an Inuk from Nunavik and speaks English and Inuktitut. She is the first Indigenous person to hold this position in Canadian history. Even though she does not speak French, she says she is "deeply committed" to continuing her education in French.
• In March 2021, the Prime Minister was supported by the Advisory Group on the Selection of the Next Governor General. The members of the group, selected for their diverse perspectives and expertise on issues related to government and the Crown in Canada, considered candidates and submitted a shortlist of outstanding Canadians for the Prime Minister’s consideration.
• As of November 2021, the Commissioner of Official Languages had received over 1,300 complaints about the appointment of Governor General Mary Simon. However, according to the Commissioner’ preliminary report, released on November 26, 2021, the appointment of the Governor General does not violate the Official Languages Act, and established that the Privy Council Office (PCO) had taken positive measures during the selection process of the candidates who were recommended to the Prime Minister. Since the Prime Minister is not subject to the Act, has a prerogative over the appointment of the Governor General, and is not bound by the recommendations made by the PCO, the Commissioner concludes that the complaints about the appointment of the Governor General are unfounded.
• The Governor General is appointed by the Crown on the advice of the Prime Minister. The appointment is at pleasure and does not have a fixed term. Since 2010, various advisory committees have been in place to select candidates for the position of Governor General.
Position of Lieutenant-Governor of New Brunswick
• On June 15, 2023, the New Brunswick Court of Appeal considered the federal government's appointment of a unilingual English-speaking Lieutenant-Governor of New Brunswick. A decision is expected later.
• On April 14, 2022, the Court rendered its decision by granting the SANB’s request but did not annul the appointment of the current Lieutenant-Governor of New Brunswick. The Government of Canada appealed the Court's decision on May 13, 2022, and has committed to recommending a bilingual successor to the position in the future.
• On December 23, 2019, the Société de l'Acadie du Nouveau-Brunswick (SANB) filed a motion with the Court of Queen's Bench, challenging the appointment of Ms. Brenda Murphy.
• On September 5, 2019, the Premier announced the appointment of Brenda Murphy as the next Lieutenant Governor of New Brunswick. Ms. Murphy, a unilingual English, committed to improving her French skills. She is the first person from the LGBTQ+ community to be appointed to the position of Lieutenant Governor of New Brunswick.

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