ࡱ> Y[X Kbjbj 8TC588L$0``vvv  K$M$M$M$M$M$M$%z(BM$  M$vv4b$$$$ *vvK$$ K$$$$v$$E"`$7$x$0$$(q#v($($4xbz$M$M$#$ ( :  June 22, 1988 ALBERTA HANSARD: pages 1939-1942 LEGISLATIVE ASSEMBLY OF ALBERTA INTRODUCTION OF BILLS DPT DE PROJETS DE LOI Bill 60 Languages Act Projet de loi 60 Loi linguistique MR. HORSMAN: Mr. Speaker, I beg leave . . . [interjections] MR. SPEAKER: Order, please, in the House. MR. HORSMAN: Mr. Speaker, I beg leave to introduce Bill 60, being the Languages Act. I would withhold comment until I make a ministerial statement, which will relate in part to this Bill, later in the proceedings. MR. SPEAKER: On the motion of the Attorney General that Bill 60, Languages Act, be read a first time. Sur la motion de l'hon. procureur gnral que le projet de loi 60, Loi linguistique, reoive une premire lecture. For the motion, say aye. En faveur de la motion, dites oui. HON. MEMBERS: Aye. Oui. MR. SPEAKER: Against the motion, say no. Contre la motion, dites non. The motion is carried. La motion est adopte. CLERK: Bill 60, Languages Act, introduced by the hon. Mr. Horsman, is now read a first time. Premire lecture du projet de loi 60, Loi linguistique, dpos par l'hon. M. Horsman. MINISTERIAL STATEMENTS Attorney General Federal and Intergovernmental Affairs MR. HORSMAN: Mr. Speaker, I would like to make a statement regarding language policy in Alberta. In doing so, I would like to emphasize at the outset that the government of Alberta is sensitive to the great importance that all Canadians attach to questions of language and culture. These are not abstract issues. Language and culture are deeply rooted in our everyday experiences as a people and a nation. They form the foundation for our sense of community, the bonds of family, and ultimately the expression of the aspirations of individual Canadians. It's my hope that we can address this matter with moderation, tolerance, and a sense of balance. I want to point out that the ability of provinces to respond to the needs of its residents on language and other cultural matters is an essential element in Canada's federal system. The Fathers of Confederation recognized that different provinces need to respond to the linguistic and cultural diversity within each province in different ways. Indeed, this was an essential feature of the Confederation bargain. My statement today, Mr. Speaker, arises in response to a Supreme Court judgment involving section 110 of the North-West Territories Act, which provided for the use of English and French in the Legislative Assembly, in legislation, and before the courts. Section 110 fell into disuse by the territorial government, and when Alberta and Saskatchewan became provinces in 1905, it was believed that section 110 no longer applied. Thus its provisions have not been exercised for almost a century. In February 1988 the Supreme Court ruled that section 110 did in fact remain in force in Saskatchewan. By implication, the provisions of section 110 also could be in force in Alberta. Mr. Speaker, the government of Alberta is proposing a package of legislative and policy initiatives designed to respond in a comprehensive way to the language issues that have arisen as a result of the Supreme Court decision. There are five components to the reform package we are proposing. They were developed following consultations with the Alberta Francophone community and numerous representations from other groups and individuals. The government of Alberta has introduced today the Languages Act to bring Alberta into conformity with the Supreme Court judgment. The application of the Mercure decision in Alberta would mean that all the laws and regulations in Alberta which were passed since the creation of the province in 1905 are invalid, since they were not passed in French as well as English. To clarify this situation, the Languages Act will repeal section 110 of the North-West Territories Act as it applies to Alberta. The Act will also declare valid all prior provincial legislation, the Standing Orders, and the records and Journals of the Assembly. The legislation then goes on to enact provisions which cover the same subject areas as contained in section 110. The Languages Act will provide that English will be the language of Alberta legislation. We will also be proposing a number of changes to the rules of the Assembly in relation to the use of language. The Assembly has rescinded Standing Order 17.1. Following the passage of the Languages Act a new standing order will be recommended which will provide that English and French may be used in the Assembly. The official publications of the Assembly will record matters in either English or French. Hansard will record in either English or French without translation. Members may use languages other than English and French in the Assembly subject to the approval of the Speaker. Prior written notice and an English translation of the remarks will be given to the Speaker, and the translation will be shown in the records.Mr. Speaker, the federal government has introduced an amendment to the Criminal Code of Canada which makes it mandatory for all provinces, including Alberta, to conduct criminal trials in either English or French by 1990. Alberta must, therefore, undertake further measures to comply with the federal requirements. Individuals will have the right, if they so choose, to a judge, jury, and prosecutor who speak either English or French, depending on the language of the accused. In addition, the accused and legal counsel may use either English or French in any proceedings relating to the preliminary inquiry or trial of the accused. In view of the significant costs associated with such an initiative, Alberta will be seeking federal financial assistance to facilitate the implementation of the program. With regard to civil courts every participant in court proceedings will be entitled to speak either English or French. If necessary, an interpreter will be provided. The court proceedings will be recorded in the language spoken. In the area of provincial offences, individuals will also be entitled to speak either English or French. Similarly, the court proceedings will be recorded in the language spoken. The development of a language policy for education is a high priority for the government of Alberta. The policy will encourage a wide variety of language of instruction opportunities in our education systems and will have four major components. One: we have fully recognized the unique rights of Francophones who qualify under section 23 of the Charter of Rights and Freedoms in the new School Act. The provision for the Lieutenant Governor in Council to establish regulations in this area reflects the importance that this government places on establishing appropriate policies and procedures for ensuring that the rights of Francophones are met. In the near future the government of Alberta intends to bring forward regulations under the School Act which are consistent with the rights of Francophone parents established in the Charter of Rights and Freedoms. The government of Alberta will also continue to provide opportunities for English-speaking students to learn French wherever the numbers of students are sufficient. This government encourages and provides additional funding for school boards to respond to the wishes of their communities by providing opportunities for students to learn French either through immersion programs or through French second-language courses. Alberta is a province whose people possess a rich diversity of cultural and linguistic backgrounds. This heritage remains as a profound feature of Alberta society. The programs and opportunities available to students reflect Alberta's strong multicultural heritage. The government of Alberta remains committed to providing opportunities for students to learn French and an unprecedented range of other languages, including aboriginal languages, Ukrainian, German, Italian, Hebrew, Chinese, and so on. In addition, the government of Alberta will continue to provide opportunities for students who are new to Canada and Alberta to learn English in order that they may become equipped to live, study, and work productively in the province. Mr. Speaker, in recognition of our multicultural society and the importance of language in the communications between citizens and government, the government of Alberta already offers a variety of services and programs in a number of languages in order to better serve the people of Alberta. Where appropriate we will continue to enhance the language services available to all Albertans. Taken together, the initiatives announced today are a strong reflection of our multicultural heritage and the diversity on which this province has been built. This language policy takes into account the reality of Alberta and the distinct nature of Alberta society. MR. SPEAKER: Leader of the Opposition. MR. MARTIN: Yes, Mr. Speaker. Some of the words I could agree with, but I honestly have to say to you that I can't agree with the thrust because I don't think that it lives up to the words. Especially -- and I'll come back to this in question period -- I'm concerned by the way the debate has been taken, especially by the Premier of the province, in talking about full bilingualism, which nobody has been asking for, and I think it's put an ugly tinge to this particular debate. Now, Mr. Speaker, obviously there are some good aspects of this. I think the government recognized that they had to move in certain directions, and one of them is the idea that we finally in this Legislature are going to recognize that there are two official languages in our country. I might point out that if they'd taken the amendments that we proposed last fall, we could have saved a lot of trouble, and they wouldn't have had to be back in this position again. Now, Mr. Speaker, the other aspect. I certainly agree with the Attorney General as he talks about multiculturalism. I think it's a good step that members may use languages other than English and French. I think this recognizes the reality of this province. While we have the two official languages, now we have the right to speak in other tongues. I compliment the government on that. But, Mr. Speaker, I think there are a number of things that we must consider. The government has been forced to react by a court case in Saskatchewan that would have affected us. But make no mistake about it: the main purpose of this Bill is to extinguish French-language rights. That's the reality of what the Bill is doing. Now, I say to the minister: if you're going to take away people's rights, it should be done in a sensitive way to avoid confrontation. The whole concept -- as the minister talked about harmony and all the rest of it -- occurs when there's a consultation and a dialogue between the groups, especially the groups that are affected. I say to you that that hasn't been done, and the government really, if I may say so, has failed the test. As a result of this, we've had a confrontational approach, Mr. Speaker, and this invites lawsuit. We could be into some very expensive cases in the future. That's an advantage often to working these things out with the groups ahead of time. Mr. Speaker, the only other point I would make is that the Francophone association has asked, I think quite legitimately, that some of the statutes -- certainly not all, but some -- that affect all Albertans . . . We should look at that in terms of promoting some of them, at least, that would be done in both official languages. That's not been done. That was one of the recommendations we made. We don't think it would be costly. In fact, I'm convinced that the federal government, in view of what's happening in Saskatchewan, would provide money to do this. But, Mr. Speaker, as I say, there are some positive things to this, things that we asked for two years ago that the government is now forced to do. But this is not the end of this. This is not the final solution, and I expect that the government knows this. ORAL QUESTION PERIOD French Language Legislation MR. MARTIN: Well, Mr. Speaker, I think the Premier knows what my questions might be about. The Premier has over the last few weeks attracted considerable media attention by publicly rejecting official bilingualism or full bilingualism. I say that this is a cowardly means of creating a diversion, because the Premier's comments really rank up with shouting "fire" in a crowded theatre. The Premier knows full well his comments were outrageous and a total fraud. He knows that no one in Alberta, particularly the Francophone association, has called for full bilingualism or anything remotely connected with this concept. I don't know what his definition is. I say to you, Mr. Speaker, that the Premier is clearly attempting to fan false fears and create unnecessary hatred, for his own political agenda. My question to the Premier. Will the Premier, now that we have this Bill, desist from his campaign to create a phony issue around full bilingualism? MR. GETTY: Mr. Speaker, it's interesting that the hon. member would treat those comments that way. They were made in the Legislature responding to a question, and they were subsequently also discussed in other places. But surely here is the place, when there is a question raised, to present the government's position both in legislation and in policy, and I did that. Frankly, if standing up for the views of Albertans is somehow in the leader's mind seeking to create hatred, I think he's totally off base, without any foundation in fact, and just trying to somehow draw a red herring on this issue, where the government is presenting the views and the wishes of the people of Alberta. MR. MARTIN: Mr. Speaker, there are ways that Premiers can act to take the high road on issues, and most politicians know that. This Premier deliberately took the low road on this issue, and he's well aware of it. Because he made these statements, Mr. Speaker, then could the Premier tell us who in the province has been asking for full bilingualism? MR. GETTY: Mr. Speaker, obviously, there are many people who have raised the issues in a variety of ways with the government, with individual MLAs, with myself, also certain people representing other governments. Frankly, Mr. Speaker, let's be clear about what the government said, and nothing in this in any way brings on a feeling of hatred. It is this: neither by policy nor by legislation are we going to impose full bilingualism on the people of Alberta. That's our position, and we stand on it. [interjections] If the hon. members don't like it, well, that's fine; they can stand for something else. But that's what we stand for. MR. MARTIN: Mr. Speaker, that Premier refused to answer the question, and the question is: which group in Alberta -- and I want to repeat it for him -- has been asking for full bilingualism, and why did he even talk about it, if it wasn't to score cheap political points? MR. GETTY: Again, Mr. Speaker, I answered the question earlier. It's merely a repeat. If the hon. member doesn't like it that's too bad. We're standing up for Albertans. MR. MARTIN: You're standing up. What a phony, Mr. Speaker. Standing up for Albertans. If anybody was going to ask for it, it would be the French Canadian association. They wrote a letter to the Premier, and I quote: As you are aware from our many letters to you, to Mr. Horsman and Mrs. Betkowski, the solution we have proposed does not ask for full bilingualism or anything even approaching full bilingualism. Those are the people who would be asking, and they weren't, Mr. Speaker. My question to the Premier: would the Premier now stand up and apologize to the people of Alberta for misrepresenting the facts in this issue? MR. GETTY: Mr. Speaker, I've heard a lot of foolishness in the Legislature coming from the hon. Leader of the Opposition, but this probably is one of his biggest foolish comments. The government is not apologizing to anybody for standing up for the people of Alberta. MR. TAYLOR: Mr. Speaker, this is a supplementary to the Premier. How can the Premier, in view of the fact that up until today the right of the French speaker to have every law written in French -- a right up until this new Bill is admitted -- say that it's possibly fair when now not one old law, not one new law, will be written in French? How can he call that fair? MR. GETTY: Mr. Speaker, it's all in anyone's judgment. We believe that all of these pieces of legislation have been passed in English and that the government and legislation -- laws, boards -- have all been conducted in English over the life of our province. We're frankly making it continue along that way. We do not want to have something else imposed on Albertans. DR. BUCK: Supplementary, Mr. Speaker. Can the Premier assure the Assembly and the people of Alberta that in light of the fact that we are passing this legislation, it will be made very prominent that all the other languages will be acceptable in the Legislature and to the people of this province? MR. GETTY: Well, yes, Mr. Speaker, that was covered in the ministerial statement to the House. It will also be a part of the changes in our Standing Orders, because I think it's only proper that we do have that opportunity.       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