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 the language skills of the position of Governor General of Canada.

• Our Government is proud of the historic appointment of our Governor General and what it means for reconciliation with Canada’s Indigenous peoples.
• Both official languages are part of our identity as Canadians. The Governor General is committed to continuing her learning of French and we support her in her efforts.
On the nomination process for the Governor General:
• The Governor General is appointed by the Queen on the advice of the Prime Minister. His or her selection is 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.
• Our Government followed a rigorous process to recommend and appoint an individual who reflects Canada’s diversity and reaffirms our commitment to Reconciliation.
On the position of Lieutenant-Governor of New-Brunswick:
• The Lieutenant Governor of New Brunswick is committed to improving 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 May 3, 2022, Bill S-220, An Act to amend the Languages Skills Act (Governor General), was debated for a second reading in the Senate, and its consideration will continue during the session. The bill aims to make the ability to speak and clearly understand both official languages mandatory as a prerequisite for appointment to the office of Governor General of Canada.
• As announced in March 2021, prior to the appointment of Canada’s first Indigenous Governor General, Her Excellency the Right Honourable Mary May Simon, 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.
• 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 Aboriginal 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.
• Ms. Simon has gained national and international recognition for her work on Arctic and Aboriginal issues and for her efforts on behalf of Inuit rights, youth, education and culture. She was actively involved with other Aboriginal leaders in the negotiations that led to the patriation of the Canadian Constitution in 1982, a process that resulted in the recognition of Aboriginal and treaty rights in the Supreme Law of Canada. She served as Ambassador for Circumpolar Affairs from 1994-2006 and as Canada's Ambassador to Denmark from 1999-2001.
• On November 24, 2021, Senator Claude Carignan has 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.
• To date, the Commissioner of Official Languages (the Commissioner) has received over 1,300 complaints about the appointment of Governor General Mary Simon. 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 establishes that the Privy Council Office (PCO) took 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, there have been various advisory committees to select candidates for the position of Governor General.

Position of Lieutenant-Governor of New Brunswick
• On September 5, 2019, the Premier announced the appointment of Brenda Murphy as the next Lieutenant Governor of New Brunswick. Ms. Murphy is unilingual English but is 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.
• On December 23, 2019, the Société de l'Acadie du Nouveau-Brunswick (SANB) filed a motion in the Court of Queen's Bench challenging the appointment of Ms. Brenda Murphy citing that "...the Premier has done violence to sections 16(2), 18(2), 20(2) and 16.1 of the Canadian Charter of Rights and Freedoms, to the values enshrined therein, as well as to the constitutional principle of the protection of minority rights." This lawsuit was heard from December 13 to 15, 2021 in the New Brunswick Court of Queen's Bench. 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.
• The SANB thanked Senator Claude Carignan for introducing his bill (S-229) to amend the Language Proficiency Act to ensure that a New Brunswick lieutenant-governor is bilingual prior to appointment to the position.

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