Memorandum submitted by Quebec (LCO WL 39)

Introduction

The position of francophones in the Canadian context adds a certain edge to the Québec language situation. According to the most recent Canadian census data[1], Québec is home to a population of over 7 million, made up of 79.6% native French-speakers, 8.2% native English-speakers and 12.3% allophones (that is, people with other mother tongues). Although francophones are the majority in Québec, they are a minority in Canada and North America[2]. The percentage of native French-speakers across Canada shrank from 22.9% in 2001 to 22.1% in 2006[3]. In 1951, francophones made up 29% of the Canadian population. The latest decrease is in keeping with the general trend observable over close to half a century.

1. Given the fragile situation of French in Canada and North America, along with social mobilization around the language issue in Québec, all Québec governments since the 1960s have implemented and maintained legislative measures to promote French. Québec took action by adopting language laws which, over time, led to the creation of a global language planning policy:

• The Act to promote the French language in Québec (or "Bill 63") in 1969.

· The Official Language Act (or "Bill 22") in 1974, which, for the first time ever, made French Québec's official language. It also imposed French-language (or "francization") obligations in the areas of public administration, public utilities, professionnal orders, labour, business and education.

· The Charter of the French language ("Bill 101") in 1977, which reasserts the status of French as Québec's official language and spells out the fundamental rights flowing from this status.

2. The underlying postulate of the language policy is that for French to survive and thrive on the North American continent, it is necessary to give it the maximum protection and opportunity in Québec, the only territory where it is the language of the majority of the population. The goal is for French to become, as English is predominantly in the other provinces of Canada, the common language as well as the natural means of public communication for all Quebecers, whatever their mother tongue and family background.

3. As the cornerstone of Québec's language policy, the Charter of the French language has an impact not only on relations between the government apparatus and citizens and in the field of elementary and secondary education, but also on corporations and other legal entities when it comes to communicating with the state and its citizens. The main objectives of the Charter are: integration of young immigrants into the French school system; the use of French in public signs and posters and commercial advertising; better availability of services in French for consumers; greater use of French by workers and enterprises.

4. The Charter includes provisions in areas such as:

• The language of the public administration

Québec's public administration has to exercise leadership and set an example in promoting the use of French. The Charter sets forth a series of rules aimed at ensuring that French is given the status it warrants as the official language of Québec. While offering services in English, the Government of Québec is careful to avoid projecting an image of institutional bilingualism, particularly when communicating with businesses.

· The language of legislation and justice

French is the language of legislation and the courts in Québec. In compliance with certain provisions of the Canadian constitution applicable to Québec, a certain form of legislative and judicial bilingualism nevertheless has to be applied. Québec statutes are thus adopted and published in French and English, and both versions have the same force of law. People may also choose to use either French or English in Québec courts.

· The language of education

French is the language of education in Québec. Based on this principle, the Charter provides for education in French for all elementary and secondary school pupils, as well as youngsters enrolled in kindergarten. Among other things, French-language schooling favours the integration of young immigrants into Québec's majority-francophone society. The Charter also guarantees the right of children who belong to the English-speaking minority to receive education in English, subject to certain conditions which are derived from the Canadian Constitution.

· The language of work

The Charter is aimed at generalizing the use of French as the language of work and entrenches the right of all workers to carry on their activities in French. It thus places priority on the francization of enterprises, failing which employees would find it much harder to exercise their right to use French in the workplace. The Charter prescribes specific measures for enterprises having 50 or more employees in Québec. These enterprises must produce an analysis of their linguistic situation. When the use of French is not generalized within the enterprise, programs facilitating the adoption of French are drafted by the enterprise in collaboration with the Office québécois de la langue française, which is the body responsible for assisting, advising, and monitoring enterprises throughout their francization process. A francization certificate is issued by the Office québécois de la langue française when the use of French is generalized at all levels of the company.

The language of commerce and business

In order to protect consumers and emphasize Québec's "French face", as a general rule, the Charter requires the use of French on the labels of products sold in Québec. One or more other languages may also be used, provided the French text is given equivalent space. As for public signs and posters and commercial advertising displays, the French text must in most cases be clearly predominant. The Supreme Court of Canada has confirmed the legitimacy of this requirement.

The Charter also created three language bodies : Office québécois de la langue française, Conseil supérieur de la langue française, Commission de toponymie.

5. Variety of trends indicates progress in the use of French in Québec over the past 30 years of application of the Charter:

• French is predominant in public and commercial signs and posters, even in Montréal;

• Francophone consumers can obtain more services in their language;

· The use of French is more widespread among both workers and enterprises;

· More young immigrants attend French schools (80 %), and this attendance favours their integration into Québec's majority-francophone society;

· Gaps in income and status, which were formerly unfavourable to francophones, have practically been eradicated.

6. Despite this progress, the language situation remains fragile. French is under daily pressure. More specifically, there are major new challenges for French as the language of work, commerce and business:

• The dominant market forces in Canada and North America, economic globalization and the high penetration of information and communication technologies are factors that encourage the widespread use of English;

• In addition, the opening-up of markets means that enterprises and industries based in Québec do business abroad on a regular basis. This increases the need to use languages other than French.

Generally speaking, given the ageing of the population and the low birth rate, Québec francophones' demolinguistic future depends increasingly on immigration.

Conclusion

Given its geopolitical context, Québec is particularly vulnerable to the language issues generated by globalization and the opening-up of markets, and is striving to protect its right to promote its official language within its territory while remaining open to other languages.

Québec's language policy reflects the quest for a balance between the clear assertion of the French-speaking nature of Québec society and respect for anglophone, allophone and Aboriginal communities.

April 2009

[1] Statistics Canada, 2006 Census.

[2] Francophones make up only 2% of the North American population.

[3] Statistics Canada, 2006 Census.