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Mounties must offer bilingual service in N.B.: SCC
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CTV.ca News Staff
Date: Fri. Apr. 11 2008 1:23 PM ET
The Supreme Court of Canada ruled Friday that the RCMP must serve all of New Brunswick in both English and French.
An Acadian group had challenged an attempt by the RMCP to reduce services in French, including in predominantly anglophone areas.
The RCMP, a federal agency, provides provincial police services on contract to New Brunswick -- Canada's only officially bilingual province.
At issue was whether the RCMP was required to uphold New Brunswick language provisions under the Charter of Rights and Freedoms.
The Federal Court of Canada ruled that the RCMP was required to uphold the provisions but the Federal Court of Appeal reversed the decision.
The appeal court said that the province was responsible for language obligations and that the case should have been resolved in provincial court.
But on Friday, in a 9-0 ruling, the SCC restored the Federal Court ruling.
Supreme Court Justice Michel Bastarache, author of Friday's judgment, wrote that the appeal court's ruling "stressed the fact that the RCMP's obligations are contractual and not constitutional."
"I do not think these two types of obligations are mutually exclusive. It is as a result of the agreement that the RCMP, by participating in a function of the New Brunswick government, has constitutional obligations imposed on it under (the New Brunswick-specific section) of the Charter," wrote Bastarache, a New Brunswicker known for defending language rights.
"The RCMP must fulfill that province's obligations when acting on its behalf.''
The eight-year-old case stemmed from a French-speaking woman, Marie-Claire Paulin, who was pulled over for speeding by a Mountie who didn't speak French.
Paulin was pulled over near Woodstock, in a mainly anglophone section of New Brunswick.
Although the ticket was issued in French, Paulin later joined a court challenge initiated by the Societe des acadiens et acadiennes du Nouveau-Brunswick.
The challenge was against a report that recommended the RCMP reduce its French-speaking obligations in the Atlantic region.
The Acadians said any review needed to respect charter protections for French-speaking people in New Brunswick.
The charter specifically states that any resident "has the right to communicate with, and to receive available services from, any office of an institution of the legislature or government of New Brunswick in English or French.''
With files from The Canadian Press
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I applaud the budget, even though Health Care and education may stay unscathed. Sadly this cannot last and I worry to later this year where cuts will become enviable. If anything, this provides the Wildrose Alliance plenty of ammo when an election is called.
Please Add Comments( )
Carey
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Mark G.
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Ted
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Po
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Steven Leblanc
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montrose
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Hats off to Trudeau's grand idea.
Does the SCC ever look at costs associated with their rulings?
The functional language of North America is English.
Michael
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When will the government stop decimating again English only speaking people? Only 17.7% of people in Canada speak English and French.
From an Engineer that has worked all over the world (Germany, Slovakia, Poland, Saudi, UAE, Czech, US...) and only speak English.
Myke from Canada
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Ken
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Robinhood
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ance
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what about those people who suffer daily indignity because the province of Quebec is allowed to discriminate without consequence and with the blessing of the Federal government
JOJO FROM INNISFIL
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Well, hopefully we have learned from this, when it is time to review the contract with the RCMP, omit the French language obligation once and for all.
I have had it up to my eyebrows with this French/English issue in this country.
Dont get me started.....
Denis
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Les Acadiens vous remercient!
Michael
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Tony
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So "God" or the SCC basically said when you sign a contract you have to follow it. Real revolutionary stuff... posts like some of these make me weep for what my country has become.
Jean
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Being french speeking in a province with english language is the majority, i had to learn to be billingual.. You people who are complaining should try to make an effort and learn both official languages. It does open more doors. The more qualifications and knowledge you have the better it is....
PJR
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Jennifer
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Bob from Ottawa
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We expend so much effort and expense on translation and language training that could well be directed elsewhere.
The only REAL requirement for many jobs in Canada is to be bilingual - skills and experience are secondary - you just have to speak french...
R. Gagne
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Angle NBer
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I would love to be able to speak French but I never had any real opportunity to study the language or practice it in my daily routine. Instead of being bitter towards those that can speak both languages, I'm envious.
As for those who have complained about a lack of English service in Quebec, it is a French province, not a bilingual one. Your complaint has as much validity as one for French service in British Columbia. If you're the type to put down someone because they can speak two or more languages to your one, then that speaks volumes about your personality.
Keith
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New Brunswick is officially bilingual which means it MUST provide "services" to "clients" in whichever official language they choose. The RCMP, acting on behalf of the NB government, must therefore follow suit.
This makes perfect sense.
As to some of the other comments: (1)When Gaelic is made an official language, I guess they will have to provide services in that language. (Good luck with that!) (2) Quebec is officially unilingual and the QPP are PROVINCIAL police. While I can understand it can be difficult dealing with them if you only speak English, consider how Quebec francophones feel outside Quebec. Unilingual English provinces aren't obligated to provide service to them in French either. When in Rome...
Kaine
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AC
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Po
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All you whiners who complain about Quebec not serving you in English should look at all our Anglophone provinces and as yourselves "where are the services for the French?".
Steven Leblanc, bilingual tickets apply to NB only (since it is the ONLY bilingual province in Canada)... I can't get a French ticket in Alberta!
Dave from Fredericton
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Kaytlyn
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Steve
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Why all the hype?
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Mark
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To all you unilingual anglos out there: stop your whining. There are a significant number of francophones in NB and they have the right to be served in their language by officers who are payed by THEIR taxes.
Language is a job skill, like any other. If you aren't good at math, you won't get hired as an accountant. I don't hear anybody moaning about that. Well, when you work with the public, you have the responsibility to be able to speak to them in their language, especially if you are a public servant.
It is not the francophone's responsibility to make up for the unilingual anglos lack of skills. Learn the language or accept the consequences: you can't work with the public.
I see no reason for hiring somebody who won't learn a basic skill necessary to the job.
Andy Boucher
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A Montrealer
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Uniliingual New Brunswicker
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James in Ottawa
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Steve in Fredericton
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I am a uni-lingual Canadian living in NB but I understand that it is a bi-lingual province and I would expect federal and provincial services to be bi-lingual (as assinine as it may be).
Marty
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Todd
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When will governments learn that you can't legislate human nature? Like love, if a culture doesn't exist without artificial support then maybe it needs to change.
Samuel
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To all you unilinguals who are too lazy to learn a language other than English, stop your whining. Acadians have every right to be served in their language as you do!
KMD
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And finally, how do you think that the French culture has survived being surrounded by so many anglophones. By being proud, stubborn and strong.......
Brad
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Via the Constitution New Brunswick is official Bilingual, meaning it has to provide services for both English and French speakers. This is due in large part to the Acadian minority in the province, who DO NOT consider themselves Quebecers in anyway shape or form AND are proud Canadians.
The RCMP operates under contracts with the provinces to enact on their behalf to do the policing in the Provinces that do not have Provincial Police Forces. Hence in New Brunswick they are acting under the provincial authority as well as the federal one.
The SCC has only stated that the RCMP has to have bilingual officers province-wide as per lower court rulings. In other words, the SCC ruled to UPHOLD THE LAW . . . and people seem to be complaining about this.
Yet again there are some who seem to hold this distorted view that our court system is conducting "Judicial Activism" when it is only upholding the law as enacted by the ELECTED representatives of the PEOPLE.
Fred
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Annoyed.
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The RCMP contract is up in 2012. Perhaps at that time we can get a more effective solution to this situation.
In the meantime the RCMP will still not provide bilingual service at all times in every area as THERE AREN'T ENOUGH FRENCH SPEAKING CANADIANS WITHOUT CRIMINAL RECORDS TO FILL THE REQUIREMENTS SET OUT. Until the Frech speaking population, especially outside of Quebec, realize that they are minority and don't deserve the majority of services then the RCMP will simply continue business as usual in violation of the ruling because it isn't operationally possible to fulfill it. RCMP officers have access to the AT&T language line 24/7 which provides translation services over the telephone when necessary, so they can always provide service in french if there aren't any french officers on duty.
The government of Canada also needs to stand up and take notice that English Canadians won't stand for French Canadians getting handouts at every turn from tax money from the rest of Canada. There are many programs that are far more important than French cultural heritage, and without spending all the extra money on such things perhaps they could afford the operational reality of recruiting and training bilingual police officers, and training english officers in french and vice versa. (yes, there are many rcmp officers who don't speak a word of english, and aren't required to by policy)
Long Live NB
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Ian
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Bilingualism, Canadian style. A crock, plain and simple, a great deal for the French but rotten for the English.
Tracy
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Jay
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This should be an open and shut case. The province of New Brunswick has contracted the RCMP to provide their citizens who put them in power a bilingual police force. It would seem that the RCMP feels that they are above the law and can back out of their obligations. It's time the government cleans up the RCMP! It would seem that's all we hear about these days!
I felt embarrassed as a Canadian to have read some of these comments. If you don't appreciate the country that you live in, you are more then free to leave. Move to Iraq and see how the conditions are...
kiki
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The French/English debate always amazes me...I can't figure out why people would not want to be bilingual.
KMRC
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I was born in Montreal,my mother is French(bilingual) and my father speaks only English.
I attended French schools all my life, except for a brief interlude of two years while in CEGEP.
I have a University degree from Laval University in Quebec city (A Francophone institution).
I've spent most of the summers of my life, in and around Woodstock, NB.
Still, I am not considered bilingual,even if I emphasized and stressed language enormously throughout my studies.In addition, I speak to my mother in French, especially when father is not there.
Once at university, I noticed a fellow student wearing an Acadian flag on his school bag. I approached him in order to strike a conversation and introduce myself, since I was not very well acquainted with anyone. I told him that "I use to live NB".He then replied: "In the French or English sector". I responded by saying : "in the Woodstock and Florenceville area".
The individual in question never spoke,nor would he even look sideways or nod at me again.Believe it or not!
The above example is just a microcosm of the whole situation regarding language education, rights and so forth in this country...
True story and thanks for reading this far!
Ryan
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Quebec = French;
Ontario/BC/AB...= English. Therefore, services must be given in both languages in N.B, French in Quebec and English in other provinces. And since the RCMP is contracted by the N.B government to provide policing they are obligated to provide service in both languages because the province is bilingual. In AB they only are required to offer services in English. This isn't a matter of the French always getting their way. So get over it people this is basic contractual obligations based on N.B choice to be a bilingual province.
Kelly in NB
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Here's my problem though, NB is crying about the "brain-drain" that they are losing folks to the west and they are working on programs to get folks back - hello! I am a qualified individual but I am having a hard time finding work in my field because I don't speak French. We need French training at a reasonable rate! I fully embrace French and English culture and there are tons and tons of "English as a second language" training - I'm stuggling to find "French as a second-language" here in Fredericton. I have to travel to St. John (over 1hr away) to receive training at a reasonable rate. That's where it is unjust.
acadian guy
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Bob C - Stayner
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Chantal G.
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For those of you who gave numbers and percentages...I'd like to know where you took your information, I will not take any free statements as true and accurate information if it's from some Joe who lives in a unilingual province and doesn't know anything about the reality in New Brunswick.
I'll end this comment short 'cause I know that everybody already have their personnal opinion on the subject, but giving service in french and english doesn't take anything away from the english population, it's just there to accommodate the french speaking population. The SCC ruling is not saying that every RCMP agent in New Brunswick HAVE to be bilingual, but they (as a unit) do need to be able to provide french service, either by getting another mountie or by trying to be understood (know key words), but I do admit that if a mountie has a minimum of habilities in french (not being an actual bilingual) would possibly be easier for their career in New Brunswick.
Again...the ruling doesn't take anything away from anybody except accomodating the french speaking New Brunswick population.
Mille Mercis pour votre écoute, votre compréhension et votre compassion !
Many thanks for your attention, your understanding and your compassion !
The respect of differences will only make our beautiful and wonderful country richer!
Cynthia from Halifax
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I am a proud Acadian originally from New Brunswick and I am just "thrilled" with this decision. I know how francophones living in NB have been fighting for their right to be served in their mother's tongue since "forever".
This is just another victory and another step forward for all the francophones living in NB.
Determination pays off !!!
From NB originally
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MR in NB
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Really, the province is set up in a way where the bilinguals - mostly French mother tongue -have a huge advantage over the rest of us. Anglophones need to acquire a skill to compete on an even keel with the bilinguals who are born into this culture.
This is not a criticism of any policy and I am not advocating any particular political point of view. I know and love many Acadians and we benefit greatly from sharing a province and city with them. There is a frustration, however, because Anglophones have a huge burden to bear to bring ourselves into the same culture as the preferred (bilingual)culture in NB. It is frustrating but not an easy problem to solve. Personally I prefer an Dualism - where I can speak English and someone else can only speak French and we can all live and work in our own language. This preserves BOTH cultures in NB... just an idea
Acadienne de Fredericton
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In New-Brunswick you have the right to be served in the language of your choice, either English or French. As a French speaking and proud New-Brunswicker, I had to learn a second language to be considered Bilingual. I started learning English in grade 5 and continued taking courses until University. I worked hard all my life to keep both my languages and believe me this takes lots of work. Some Francophones and Anglophones in this province decide not to pursue second language training and this would be their decision. I do agree that Bilingual people have more opportunities but also do people with post-secondary education. This is a choice they made and would not be considered discriminatory. If you want to have the same opportunities learn a second language…I did. Do not presume that Bilingual people are all Francophone, many of them are also Anglophones. Why do people presume that because you are Anglophone that you have more rights than Francophones? Our province gives equal rights to both, the way it should be. If you made the DECISION to only learn one language it’s your CHOICE so stop thinking that you are discriminated against because you are not.
Les Acadiens remercient la Cour suprême du Canada! Finalement vous respectez nos droits.
DougB
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And why in this country when French does not make up 50%, do they get better benefits than just english speaking people? Why should Western canada bend over to the French to have better Gov. jobs out here yet if you are bilingual you get what ever you want.
This country is going down hill so fast.