QUEBEC — Minority groups, English-language school boards and Quebec’s largest employer association are warning about the potential damage to the economy and education system if Quebec goes ahead with legislation to extend the rules of the Charter of the French Language to the adult education and vocational training sectors.
But anticipating possible court action, French Language Minister Jean-François Roberge said because the bill he presented Thursday modifies the Charter of the French Language, and because the charter is shielded from legal challenges by the notwithstanding clause, the bill is shielded as well.
“In reality, this proposed bill is protected by the clause,” Roberge said at a news conference after presenting Bill 8, “An act to regulate the language of instruction in vocational training and in adult general education.”
“There is already a shield through the articles we are modifying.”
Acting on a promise made by Christine Fréchette during the Coalition Avenir Québec leadership race, Roberge presented the legislation even though the clock is ticking down to the end of the current session of the National Assembly in a week.
Asked about the chances of Bill 8 actually being adopted — the Quebec Liberal opposition has called for full-blown public hearings into the legislation, which would take time — Roberge conceded the future of the bill is out of his hands.
“We are giving birth to this,” Roberge said, adding all he can do is appeal to the opposition parties to support it. “I think this is possible. But I can’t decide this myself.”
The one surprise in Roberge’s announcement, which can be seen as an admission that what the bill sets out to do will be complicated and require a transition period, is that the new rules would not come into force before July 1, 2028.
Students currently being educated in the English system would be allowed to complete their education in English. Those who register after the bill is adopted and are not eligible for English education under the new rules would have to go to the French system.
The bill would not stop anglophones who have been educated in the English elementary and high school system from taking adult education and vocational training in English. The same goes for First Nations students enrolling in training programs.
Roberge has said applying the charter to the adult education and vocational training sectors will result in the transfer of 27,000 students — three-quarters of them new arrivals with no heritage rights to an English education — from the anglophone system to the francophone system.
The bill stipulates that services provided in vocational training and adult education must be in French. The requirement is imposed on school service centres and on private educational institutions accredited for purposes of subsidies.
Roberge repeated that in the government’s view, allowing new arrivals to continue to receive their training in English would increase the chances they will work in English when they get jobs.
Montreal is targeted. Roberge noted that while 74 per cent of Quebecers work generally in French, in Montreal the number is 52 per cent.
“Our adult education and vocational training systems have become motors of anglicization, a place where French is faring poorly,” he said.
The legislation has raised red flags for minority groups, the education sector and the powerful Conseil du patronat, Quebec’s largest employer group.
“My initial reaction is: Why now?” said Eva Ludvig, president of TALQ, a coalition of anglophone groups. “Why are we doing this without the proper data, consultation, needs assessment (or considering) the impact on the economy?
“It seems to me this is electioneering. It’s political, with quite frankly negative economic impact, but also for individual students and the whole school system.”
Joe Ortona, chair of the English Montreal School Board and president of the Quebec English School Boards Association, said English boards have been warning the government for weeks that the plan could backfire.
He said the French system does not have the capacity to absorb the students, which would result in candidates winding up on waiting lists instead of being productive members of the labour force when the Quebec economy needs workers.
The EMSB has about 14,000 students enrolled in adult education and vocational training. A sharp drop in enrolment would mean cuts everywhere, including to staff and classrooms. Some programs would no longer be viable.
“It’s frustrating because from the moment word about this bill went around, we warned them,” Ortona said. “This isn’t just about the English school system. They (in government) are not listening to the unions, workers or anyone.
“What does the government expect these people to do?”
Ortona said he recently discovered the current wait time for a carpentry training program in the francophone system is three years.
“Bravo, you’ve made it longer,” he said.
Asked if the EMSB or other groups could challenge Bill 8 in the courts, Ortona said he has ruled nothing out.
In a statement, the Conseil du patronat expressed similar concerns, inviting Quebec to have a closer look at how the bill would affect the need for workers in the labour market.
“The Conseil does not see the need for this reform and finds it will be damaging for the anglophone training network,” the statement said.
It called on the government to deploy the plan gradually and beef up its francization education offer before proceeding.
On hand for Roberge’s announcement, Education Minister Sonia LeBel — in her first comments on the legislation — insisted Quebec is aware of the concerns of the English community.
She said the government is taking a “go slow” approach to ensure the French system has time to “adapt and absorb” the new students and the English system is not compromised.
“What we intend to do here is protect the French language,” LeBel said. “We will not infringe in any way on the rights of the historical community.
“We’ll work with them. We have two years to make sure that everything goes as smoothly as possible.”
Fréchette was also sticking to her decision to proceed with her promise.
“I made it a priority in the leadership race,” the premier said before question period at the legislature when asked if there is time to adopt the bill. “I think it’s a priority for Quebecers as well.
“We will always have to be vigilant when it comes to the French language. I made a promise to go forward with a widening of the application of Bill 101. That’s what we’re doing today.”
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