Question Period Note: Gascon Ruling – Part VII of the Official Languages Act

In May 2018, the Federal Court of Canada delivered its decision in the case opposing the Fédération des Francophones de Colombie-Britannique (FFCB) and Employment and Social Development Canada (ESDC). The Court concluded that there was no breach under Part VII of the Official Languages Act, as the federal department had taken positive measures to support the Francophone community of British Columbia. According to the Court, the absence of Regulations for Part VII of the Official Languages Act makes it impossible to determine whether additional positive measures could have been taken. The Gascon ruling is now being appealed before the Federal Court of Appeals.

• As the legal process is underway, we will not comment on this case.
• The Government of Canada is committed to fostering the vitality of official language minority communities and promoting our two official languages.
• All federal institutions must respect the obligations set out in the Official Languages Act. We will work with our colleagues to ensure that we continue to consult with communities and take their needs into account.

• The Fédération des francophones de la Colombie-Britannique (FFCB) brought an action before the Federal Court of Canada (the Court) seeking a declaration that the benefits and measures offered by the province under the Canada-British Columbia Agreement on labour market development is provided “on behalf of” Employment and Social Development Canada (ESDC) and the Canada Employment Insurance Commission (Commission) under section 25 of the Official Languages Act (OLA). In addition, the FFCB also sought an order directing ESDC and the Commission to take further positive steps to comply with Part VII of the OLA in terms of the benefits and measures available under the agreement.
• In its decision of May 23, 2018, the Court dismissed the FFCB’s application and ruled that, in the case of these agreements, the Government of British Columbia was not acting on behalf of the Government of Canada but within its jurisdiction.
• In addition, the Court found that there was no breach of Part VII of the OLA, since ESDC had taken positive steps to support the Francophone community in British Columbia. The Court notes, however, that the absence of regulations on Part VII makes it impossible to determine whether additional positive measures could have been taken.
• The FFCB expressed its disappointment with the ruling, but sees it as an acknowledgment of the “dismantling of the delivery system of employment services”, and as an admission that “the Act, in its current form, is not specific enough to solve this problem”.
• In its statement of May 24, 2018, the Fédération des communautés francophones et acadienne (FCFA) indicated that it considers that this decision calls into question major elements of the OLA and the very role of the Commissioner of Official Languages (COL), and that it is proof that the OLA no longer works for Francophones.
• On June 21, 2018, the COL appealed the ruling. The FFCB joined the appeal on June 22, 2018. Since then, the COL took note of the decision and modified his approach to Part VII investigations to reflect this ruling. This could result in several Part VII complaints being ruled out of order.
• On October 15, 2018, the FCFA asked the then Minister of Tourism, Official Languages and La Francophonie to “issue a directive to all federal institutions to make it clear that the government continues to expect full compliance with Part VII”.
• On February 19, 2019, the COL and the FFCB filed their respective statements before the Federal Court of Appeal (A-186-18). The Attorney General of Canada filed his submission with the Federal Court of Appeal on September 20, 2019. The start date of hearings has not yet been determined.
• In the coming months, the process of modernizing the OLA will consider strengthening federal institutions’ commitments and obligations. Whether to adopt regulations on Part VII will also be examined in this context.

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