30
Years Later...
It’s Time to Give Bill 101 Another Look
by
Brian Gibb
Executive Director
Regional Association of West Quebecers
GATINEAU, March 31, 2005
-- With its unanimous judgment on March 31st regarding the
constitutionality of certain provisions of Bill 101, the Supreme Court of
Canada has opened the door to increased
English-language education in Quebec. The court did not strike down
provincial legislation that restricts access to English schools, but it did
lay down new legal criteria that will make it easier for native-born
Canadians and immigrants to gain access to English schools.
For the families involved, this decision has immediate and
significant effects on the quality of their lives.
At the same time, there is a larger issue at stake.
Bill 101 only allows instruction in English for
children whose parents received most of their education in English, and
elsewhere in Canada. This court ruling
means the Quebec government must now revamp its rules for English schooling
to comply with the federal Charter of Rights. Many expect Quebec Premier
Jean Charest will invoke the notwithstanding clause to maintain the status
quo. However considering it has been almost thirty years since the
adoption of Bill 101, it’s time to use this as a much needed opportunity to
discuss and debate publicly whether or not the French Language Charter, in
its present form, corresponds to the reality of Quebec today.
Certainly, from the perspective of the two solitudes, no meaningful
dialogue can take place, and, as a result, families that find their access
to schooling in English denied have little in the way of options other than
taking their grievances to court. In the political realm, the fear of a
nationalist backlash has created a situation in which the attitude that “not
a single comma can be changed” reins supreme. However, much has changed
since the language wars of the sixties and seventies. Indeed, in looking at
the vitality of the two linguistic communities thirty years later, two very
different portraits appear.
In regard to the vitality of the French-speaking majority, the latest
census figures demonstrate that the proportion of French speakers in Quebec
has remained stable over the last thirty years, the usage of French
in the home has increased significantly, and there have never been more
Anglophones and Allophones who speak French. In contrast, in the same
period, there has been a net loss of 25% of the English-speaking community,
and in the last five years, 16% of those Anglophones between the ages of
25-34 have left the province. Clearly, the trajectories of the two
communities are not heading in the same direction.
However, there is one thing that the two communities do have in common:
both communities are facing a demographic crisis. By 2013, the number of
people retiring from the workforce in Quebec will surpass those entering,
and by 2035, the number of workers versus the number of retirees will
decrease from today’s ratio of four workers for each retired person to two
workers per retired person. Taking into consideration Quebec’s staggering
debt load, high taxes, low birth rate, and difficulty retaining immigrants,
the province will be hard pressed to sustain its generous social programs
from which both communities draw benefits.
In years past, the exodus of Anglophones from Quebec was not met with
cautionary warnings from the Francophone population. Today, however, there
is reason for concern. Given the imminent demographic plight on the
horizon, both communities can ill afford to lose key members of the society,
especially since it is within this age group that most people begin having
families and begin contributing financially to society by paying taxes.
Thirty years ago, losses incurred by the English speaking community may have
been viewed as gains for the Francophone community, but viewed from today’s
perspective of Quebec’s aging population, the continued exodus of young
Anglophones represents significant loss for both communities.
Inevitably, any analysis of the future vitality of the English speaking
community in Quebec must take into consideration the declining enrollment in
English schools. Over the last thirty years, the enrollment in public
English elementary and secondary schools has dropped by over fifty percent.
Here, in West Quebec, we anticipate a further decline of twenty percent in
elementary school enrollment over the next five years. It is from this
social context that a new political dialogue must begin.
It has been ten years since the last referendum, and for the last ten
years the English speaking community has kept a very low profile, preferring
to avoid the political issues in favour of community development programs.
Today’s Supreme Court decision, however, once again throws the spotlight on
the relationship between the two linguistic communities. In fact, today’s
decision breaks the silence and forces the two communities to look at some
fundamental questions that many would have preferred to avoid.
What remains to be seen is what shape this political dialogue will take
on. Hopefully, something has been learned over the last thirty years on
both sides. Although the first instinct may be to retreat to one’s
respective corner and to resort to the traditional arguments of days gone
by, there exists an opportunity to move beyond the traditional individual
versus collective rights debate. Each community can look to understand the
concerns of the other.
On one hand, members of the English speaking community must take into
consideration the means that are necessary to guarantee the continued
survival of the French language and culture on the North American
continent. On the other, the members of the French speaking community must
take into consideration the means that are necessary for the English
speaking community to maintain its sustainability. It’s only from the
perspective of mutual understanding and respect that anything fruitful can
emerge from a re-examination of Bill 101. Otherwise, we are simply doomed
to repeat the past and we will once again relive the psychodrama of previous
episodes of our recent history.
This Supreme Court judgment brings some closure for the families
directly affected by the decision. However, other issues about eligibility
to English schools must be addressed. How are we going to address them?
Are we simply going to leave it to the courts to decide or can we begin a
political dialogue that will allow us to address each community’s
interests? Hopefully, we can build upon the recent good will that has
emerged between the two communities and work together to resolve the
outstanding issues, which are of mutual concern.