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While it is necessary in the eyes of many, some consider Bill 96, which has sprawling effects, to be discriminatory. In its desire to deal with the decline of the French language, the government wishes to intervene in several spheres of society. From the use of the derogation clause, to anonymous complaints, to public services only in French, what worries the population, in particular immigrants and minorities? A mother goes to the office of the Régie de l'Assurance Maladie du Québec (RAMQ).
It took her more than an hour to get there from Côte-des-Neiges: in public transport, nothing is familiar to her, everything is in French, she is lost. She went into the downtown building to renew her card, because going by phone was too stressful. She tries to explain her situation, but her few notions of French are not enough: she has not yet started her francization, because she has to work to feed her two children. On the other hand, she speaks a little English, but she is told that since she arrived in Quebec a year ago, she cannot be served in any language other than French. It's the law, explains the forced official in front of her, he risks being reported if he speaks English. He is liable to a fine, his equipment could be seized. It is therefore without health insurance that the lady returns home.
This situation could possibly occur if Bill 96 is voted as it was presented on May 13 by the minister responsible for the French language, Simon Jolin-Barrette. The Government of Quebec thus wishes to respond to the much-requested updating of the Charter of the French Language (Bill 101) passed in 1977. If passed in its current form, the bill will require that state services be provided only in French, except for people who immigrated less than six months ago, Indigenous people and some Anglophones.
Following an anonymous complaint, the Office Québecois de la Langue Française (OQLF) may seize, without a judicial warrant, any electronic equipment to verify that French is the language used in businesses. Addressed during public hearings that took place from September 21 to October 7, the text is the result of the government's desire to be a “bulwark” to protect French, “an essential gesture for the survival of [the] nation” Quebec, according to the words of Prime Minister François Legault.
Francization questioned
“I understand the message, but in real life, it makes no sense,” comments Stephan Reichhold, from the Table de liaison des organisations au service des persons ées et immigrantes (TCRI). “We are putting access to essential services at risk”, continues the president of the group. He wondered how officials and receptionists would check if the person had arrived less than six months ago.
“When is it six months from when? For asylum seekers, do we calculate on the basis of their arrival or the obtaining of their permanent residence? ”, he questions. During the public hearings, a few groups suggested extending the time limit from six months to two years.
Even more so, the francization programs of the Ministry of Immigration, Francization and Integration also last for two years, especially since the waiting times to register for a French course are on average three months. “Often, one of the two parents starts his courses while the other is working, and the ministry's benefits are not enough to live,” explains Mr. Reichhold. According to him, Quebec is among the places that make the most effort to encourage newcomers to learn French: the courses are free and everyone can receive financial compensation. “Even if Quebec invests a lot, access to francization leaves something to be desired,” he laments.
Some populations, such as asylum seekers, temporary agricultural workers, or other vulnerable people, have little access to it. “The positive thing is that Bill 96 will make learning French a right,” he acknowledges.
Immigrants, collateral damage
For Mr. Reichhold, making state services only accessible in French is above all a “restrictive approach that risks creating a lot of exclusion” among non-French-speaking people. “Immigrants and refugees are not directly targeted by the law, but they suffer collateral damage”, the president of the TCRI is alarmed. This bill affects many aspects of life, be it school, health, work, youth protection, labor law and businesses. For example, English-speaking CEGEPs will be limited to 17.5% of all available places in all Quebec institutions.
Priority will be given to English-speaking students who have completed all of their studies in English. “The remaining places will be contested by Francophones and allophones and for the latter, access will be difficult and the competition incredible,” explains Richard Bourhis, a researcher specializing in discrimination issues. The researcher believes that this may scare away many students who want to become bilingual, especially for the children of immigrants. “The text of the law is a constraint for those who hoped that their children would find work outside Quebec. They have uprooted themselves and sacrificed their careers to give better opportunities to their children,” he insists.
On the business side, the bill creates another risk of exclusion.
“I am at risk of losing several customers, because my employees will only be able to speak in French,” Samira*, an entrepreneur of North African origin living in Quebec City, tells us. Mr. Bourhis agrees: “Faced with the difficulty of finding a job due to racism or the fact that government institutions are inaccessible, many have turned to entrepreneurship. And often the customers are also immigrants, so it will be more complicated for them,” he believes.
The English-speaking community lacks recognition
Does the Quebec English-speaking population feel that they are the target of this bill? “This text doesn't bring me much pride,” Houston Riffai tells us cynically from his living room. Born in Montreal, his mother is an English-speaking Quebec and his father arrived from Syria in the 1970s, at the age of 7. Bilingual, Mr. Riffai, who studies at Concordia University, says he is very affected by the bill.
For him, Bill 96 reinforces the split between Francophones and Anglophones, who represent 8% of the population. “Someone who has lived all his life in Quebec must have the right to express himself [in his language],” he jokes. He feels that this law does not improve his sense of belonging and does not make him want to stay here. Since the announcement of Bill 96, nearly 80% of Anglophones are “less proud to be Québecers”, as are 64% of allophones and 56% of Francophones, according to a Léger survey by the Quebec Community Group Network (QCGN), published in 2021.
The results also show that the majority of non-Francophones fear seeing relationships between Anglophones and Francophones worsen as a result of the law. David Birnbaum, MP for D'Arcy-McGee for the Quebec Liberal Party (PLQ) for D'Arcy-McGee, hears this feeling of rejection a lot. He, who is also the official opposition spokesperson for relations with English-speaking Quebecers, tells us that he is receiving a lot of messages of concern about this law. “They are considered opponents of the influence of French, even though they are allies.
It discourages me to see that English speakers are always called to order,” he explains. He would like English speakers to be more recognized, because they are also “proud Quebecers.”
On September 28, during public hearings, Minister Simon Jolin-Barrette affirmed that the Quebec nation includes all Quebecers, “including English-speaking communities,” a highlight that Marlene Jennings, former MP and president of the Quebec Community Group Network (QCGN) would like to see happen, she told us over the phone.
A battle of numbers
At the center of the debate on the bill and the Charter of the French Language: the progression of English over French. According to the 2016 Canadian census, French is declining as a mother tongue: between 2011 and 2016, the percentage of people whose only mother tongue is French increased from 78% to 77%. The crux of the problem is in Montreal where French is receding in public spaces: 58% use it on Montreal Island, compared to 87% in the rest of Quebec. While these figures prompted the government to update the Charter and to protect the French language, they should be nuanced, according to Marlene Jennings. During the same census, 94% of Quebecers were able to discuss in French, regardless of their mother tongue.
Bilingualism has continued to grow, according to a report from the Office Québecois de la Langue Française : the percentage of bilingual people increased from 28% in 1971 to 45% in 2016.
Fundamental rights
Faced with this data on the languages spoken in Quebec, and the shortcomings of Bill 101, communities are wondering whether it is necessary to have a “restrictive approach” and especially to “endanger the fundamental rights of Quebecers”, according to Marlene Jennings. For the second time during its mandate, François Legault's government intends to use the notwithstanding clause for Bill 96, something that was done for the Act Respecting the Secularity of the State (Bill 21).
In this case, this clause would make it possible to go beyond the Canadian and Quebec charters of rights and freedoms. “In other words, no legal recourse will be possible for people whose rights have been violated,” summarizes Marlene Jennings. “We ask that the government justify why the promotion of French requires the suspension of fundamental rights”, she denounces. By email, Simon Jolin-Barette's press secretary replies that it is a “legitimate tool” to ensure “the protection of the French language in Quebec for the benefit of the collective rights of the Quebec nation.”
*First name has been changed to maintain anonymity.
What other changes could Bill 96 make?
- Indigenous populations are also affected by this bill. The Assembly of First Nations Québec-Labrador defends that the text violates the rights of First Nations. “Bill 96 from the Legault government is a full-fledged attack on the constitutional language rights of First Nations,” said Ghislain Picard, head of the Assembly of First Nations of Quebec and Labrador, in a statement.
- Businesses with 25 to 49 employees will have to set up a francization program and be able to prove that French is the language of work. With Bill 101, only businesses with more than 50 employees were concerned.
- Anyone can file a complaint anonymously to the OQLF for a service provided in another language. An inspection will be carried out and the electronic equipment can be seized.
- Access to health care in French, English, or another language remains to be clarified. Stephan Reichhold indicates that this right is protected by section 15 of the Health Services and Social Services Act, but you can also hear other bell sounds. Marlene Jennings, of the QCGN, notes that in Bill 96, only English speakers eligible to receive an education in English could be served in English by the government, which includes hospitals and clinics.
- Recruiters will no longer be able to require English as a hiring skill, unless the employer shows that “the completion of the task requires such knowledge”, but also that he has “taken all reasonable steps to avoid imposing such a requirement”.