Question Period Note: Decline of French in Quebec

On May 13, the Quebec government unveiled its reform of the Charter of the French Language, commonly known as Bill 101. Draft Bill 96 is entitled An act respecting French, the official and common language of Quebec.

• The Government of Canada recognizes the importance of protecting French in Canada, and particularly in Quebec, which is predominantly French-speaking.
• That is why we have committed to reintroducing legislation to modernize and strengthen the Official Languages Act that will take concrete steps to recognize the minority context of French in North America and the need to further protect it.
• For our government, it is essential to continue to protect language rights, including those of linguistic minorities, both in Quebec and elsewhere in the country. We are closely monitoring the situation surrounding the Quebec Government’s bill.

• At the National Assembly, on May 13, the Minister responsible for the French language stated that the purpose of Draft Bill 96 "is to affirm that the only official language of Quebec is French" and that "French is the common language of the Quebec nation. The objects of reform are as follows:
o the creation of a Ministry of the French language;
o the creation of a French Language Commissioner;
o the application of Bill 101 to businesses with 25 or more employees;
o an improved offer of francization courses for newcomers;
o a review of the bilingual status of certain municipalities, and;
o a form of quota will also be imposed on English-language CEGEPs, without restricting access to students based on their mother tongue, as is already the case in the primary and secondary networks.
• The Draft Bill proposes several changes with respect to French as a language of work. In particular, it sets out the obligations applicable to employers to ensure respect for the right of workers to carry on their activities in French.
• The Draft Bill stipulates (s. 65) in one new article by insertion (art. 89.1) that "Nothing in this Act may be interpreted as preventing its application to any enterprise or employer carrying on its activities in Quebec. Although federal businesses are not explicitly named, such a provision could have the effect of applying to private enterprises under federal jurisdiction.
• Another important element of Draft Bill 96 is the unilateral amendment of the Constitution Act by insertion (after section 90) to define the fundamental characteristics of Quebec, namely that (90Q.1). "Quebecers form a nation" and (90Q.2). "French is the only official language of Quebec. It is also the common language of the Quebec nation. ".
• In August , 2020, the Office Québécois de la langue française released the results of its Survey on Language Requirements among Montreal Businesses, Municipalities and Boroughs. According to the report:
o 39.8 % of Quebec businesses (62.9 % on the island of Montreal) required or wanted the person hired to have English language skills for the last position filled (2018).
o 23.5 % of Quebec municipalities and Montreal boroughs required or desired French and English or English-only skills when hiring, while on the island of Montreal it is 50.
o More than a quarter (27.8 %) of Quebec businesses required or wanted English language skills for oral communication outside the organization. This proportion is 21 % for municipalities and boroughs.
• According to various scenarios studied by Statistics Canada, the population with French as a mother tongue would decrease from 21.3% in 2011 to 17% or 18% in 2036; while the population with English as a mother tongue would decrease from 58.7% to 52% or 56%. In Quebec, citizens with French as their mother tongue would constitute between 69% and 72% of the population in 2036, compared to 79% in 2011. In the rest of Canada, this same proportion could fall from 3.8% to 2.7% or 2.8%.
• Some of the proposals in the Draft Bill are subject to further analysis by the legal services units of the Privy Council Office and the responsible federal departments.
• For the Government of Canada and the OLA modernization project, Quebec's Bill 96 poses the challenge of reassessing its constitutional and legislative implications, particularly with respect to the division of federal and provincial jurisdictions in general, and in particular, the measures that had been put forth in Bill C-32 (An Act to amend the Official Languages Act and to make related and consequential amendments to other Acts, tabled on June 15 2021) for federally regulated private enterprises operating in Quebec.
• Premier François Legault said he is prepared to use the notwithstanding clause in the Canadian Constitution to ensure that the provisions of his new law are protected in the event of a court challenge. In a press briefing, he said that this precaution was necessary to preserve the balance between individual and collective rights.
• Bill 101, adopted by the Quebec National Assembly in 1977, aims to ensure the quality and influence of the French language by making French the language of government, education, commerce and business in Quebec and the normal and usual language of work.

None