You have all received the notice of motion in the past few days. I would still like to read it so that all committee members and the people listening to us can know exactly what we are discussing:
That the Standing Committee on Official Languages invite Air Canada to once again place a prescribed complaint form for services in both official languages in the front seat pocket of all its aircraft, with prepaid postage and addressed to the Office of the Commissioner of Official Languages.
Before explaining why I am presenting this motion, I would like to indicate that I am doing so in collaboration with my colleagues, Ms. Zarac and Mr. Bélanger. In the current context, we firmly believe that people do not know where to turn in order to file an official languages complaint. You will understand what I am getting at.
First of all, there used to be a reply card—a copy of which I have here—placed in all front seat pockets. It was clearly labelled as a complaint form and available to all passengers in their front seat pockets. Today, the form can only be found in the enRoute magazine. enRoute is a magazine that is distributed by Air Canada, among others, and can be found in the seat pockets in front of passengers.
As I previously indicated, the forms used to be entitled "Formulaire de plainte—Complaint Form." That was crystal clear. It was very simple to fill out and was sent to the Commissioner of Official Languages. That way, people could take the small card with them and then file their complaints.
What is a bit surprising today is that, when you go on to the Air Canada website, you can find certain pieces of information, including an invitation to transmit your questions or observations. Mr. Chair and committee members, you will agree with me that there is a big difference between "questions and observations" and "complaints." That is a clear attempt to diminish the importance of respecting the Official Languages Act.
Now let us delve a bit further and consult the enRoute magazine. In the June 2010 issue, the piece of information we are looking for can be found on page 110 of a 123-page magazine. Once again, it does not seem to be a priority for Air Canada to ensure that people will see that information. First of all, before making it to page 110, people will have to flip through the section on Air Canada's various world destinations, found on pages 108 and 109. I wonder whether they are not trying to prevent people from looking any further.
I would be remiss if I did not point out another thing. On page 110 of the current issue, you can read the following:
If Air Canada staff has allowed you to have an exceptional in-flight experience, please go to aircanada.com/customersolutions or fill out a comment card that flight attendants will provide you with upon request.
You can no longer ensure the respect of the Official Languages Act by way of a reply card. However, Air Canada will hand out cards in order to gather favourable comments. It is all very well to tell employees that they are doing a good job. However, if Air Canada is no longer able to give out reply cards concerning the respect for official languages, I wonder whether Air Canada actually wants to inform people of their rights and ability to file complaints.
And there is still more. Air Canada now directs you to an Internet site or e-mail address. There is no doubt that people do use those telecommunications or computer tools to communicate. In fact, those are also telecommunications tools because people can access their messages at all times on their BlackBerrys, for instance.
However, one major issue remains. Take the March 2008 issue of the enRoute magazine, and compare it with the June 2010 edition, a bit over two years later. At the bottom of the cover page of the March 2008 issue, it says "Yours to keep / Ce magazine est à vous." A passenger who starts reading the magazine aboard an Air Canada flight can keep it, because that's what is written, i.e., that the company is pleased to offer passengers a copy. Once back home, the passenger can gather the exact information in order to file a complaint.
However, the note at the bottom of the cover page can no longer be seen on the June 2010 issue. People now wonder whether they can keep the magazine or not. They wonder if they will get a slap on the wrist for doing so, because they do not know. If ever Air Canada states that I cannot keep a copy, then the company would probably send me a bill, which I would pay.
In fact, Mr. Chair, when flipping through the first pages of the enRoute magazine and looking through the fine print, you can read that an issue of the magazine costs $5. You can even subscribe on a yearly basis. In the past, Air Canada clearly stated that passengers could keep the magazine, but that is no longer the case today. Moreover, if you read the fine print in the first few pages, you read that you can get a copy of the magazine for $5. In 2008, it said that magazine was "Yours to keep," but that is no longer the case today.
When you consider all of those elements, Mr. Chair—and I omitted some because I do not want to take up too much of our time—it clearly appears that Air Canada is really trying to free itself of its obligations by placing the information on page 110 of a 123-page magazine. Moreover, customers are obliged to visit a website or use an e-mail address, i.e., ollo@aircanada.ca. In the past, complaints were sent to the Office of the Commissioner of Official Languages. The address that is now provided on Air Canada's website is as follows: ollo@aircanada.ca. In the past, the complaint form, which had been prepared and championed by our late colleague Mr. Sauvageau, was sent to the Office of the Commissioner of Official Languages. I do not think that created any confusion.
Air Canada says that the number of complaints received has decreased, but we know the reason for that. I do not need to repeat my anecdote about the toilets or Mr. Godin's remarks about the 7Up can in order to understand that Air Canada is limiting the options for passengers who feel they have been wronged and would like to file a complaint. In the "Canada's Official Languages" section, on page 110 of the June issue, it is written:
If one of our employees has demonstrated our commitment to serving you in the official language of your choice, we invite you to share your experience and nominate the employee for a Dialogue language award.
That brings up a serious problem: I searched their entire website and was not able to find anything. I do hope that Air Canada officials are listening to us today and can point out to me where I can find the information on the Dialogue language award. I searched through the website using the search tool, but I really did not find anything.
It is one thing to want to congratulate employees who respect the official languages and provide customers with good service, but what we want to ensure is that people can file complaints. Moreover, if people wanted to nominate someone for a Dialogue language award, they would first have to find the link somewhere. It is unfortunate, but I was not able to find it despite my best attempts. I hope that people at Air Canada will be able to show me that I did not search hard enough. The website's search tool did not yield any results. I did not search in English, I only did so in French, but nowhere did I find that award. I hope someone can help us with that.
The motion is clear: it invites Air Canada to once again place a complaint form in front seat pockets, where you used to be able to find them. That would clear up any ambiguity and clearly state that, if people wanted to file complaints, they would know that the forms would be for that purpose, and not simply to write comments. If people file complaints on a questions or comments Web page, Air Canada might state that those people were simply submitting comments when in fact they would have been complaints.
In the past, there was no ambiguity. The purpose of the reply cards was clearly to gather complaints. It was very easy to understand. People knew what that entailed. They could at least indicate that they had had problems and could ask that the Official Languages Act be respected.
The motion is quite simple. I have spoken to it for the past two or three minutes. In my view, the facts that I have set out this morning clearly show that there is an intent to create constant ambiguity. I hope that all political parties will support the motion so that we can adopt it. If ever Air Canada decides not to comply with it, then we shall see what measures could be taken. I think that this is a start and that it will yield results.
:
Thank you, Mr. Chairman.
What interests me, but what also causes me a great deal of concern as far as this motion is concerned, is that we are not talking about all of the good things accomplished by Air Canada employees, even though we know that the company is contravening the Official Languages Act. That worries me somewhat. I am very pleased to hear that Mr. D'Amours has raised the issue. I was not aware that flight attendants had comment cards in their possession, that are ready to be distributed. I thank you, Mr. D'Amours. I was not aware that that existed.
We always give our citizens the opportunity to make comments, whether positive or negative, and we try to be as neutral as possible in carrying out our work. In my opinion, a motion was drafted in a manner that is more negative than neutral. On that subject, I believe I have proof that our position, as a committee, should be rather more neutral and not negative. I would like to quote you the committee's mandate, which is clearly defined in the House of Commons Procedure and Practice by Audrey O'Brien and Marc Bosc. In the section entitled “Standing committees”, it states the following:
Standing committees form a majority of the committees established by the House of Commons. Their authority flows from their large number (24) and the variety of studies entrusted to them, but also from the fact that they return session after session as their existence is entrenched in the Standing Orders. Composed of 11 or 12 members representing all recognized parties in the House, they play a crucial role in the improvement of legislation and the oversight of government activities.
As Figure 20.2 shows, their titles and mandates cover every main area of federal government activity, but for a few exceptions. However, they do not match its administrative structure exactly. Standing committees fall into three broad categories: (1) those overseeing one or more federal departments or organizations, (2) those responsible for matters of House and committee administration and procedure, and (3) those with transverse responsibilities that deal with issues affecting the entire government apparatus. The latter are likely to work with other committees in discharging their mandates...
The Standing Committee on Official Languages deals with, among other matters, official languages policies and programs, including reports of the Commissioner of Official Languages. The Committee's mandate is derived from a legislative provision requiring that a committee of either House or both Houses be specifically charged with reviews of the administration of the Official Languages Act and the implementation of certain reports presented pursuant to this statute.
We agree that Air Canada is a business that is governed by the federal government. However, the Official Languages Act in no way requires businesses like Air Canada to provide their clients with complaint forms. I would say that our position is that it should be more inclusive. Nowhere does it say that the cards should be addressed to the commissioner. I do not feel that it is in any way an obligation.
I will now read you an excerpt from the Official Languages Act:
2. The purpose of this Act is to
(a) ensure respect for English and French as the official languages of Canada and ensure equality of status and equal rights and privileges as to their use in all federal institutions, in particular with respect to their use in parliamentary proceedings, in legislative and other instruments, in the administration of justice, in communicating with or providing services to the public and in carrying out the work of federal institutions;
(b) support the development of English and French linguistic minority communities and generally advance the equality of status and use of the English and French languages within Canadian society; [...]
I want to emphasize the word “equality”. In my opinion, it is absolutely critical to be more inclusive. Our motion should not be only intended to gather negative comments. I believe we should include all comments, whether they be positive or negative. It would be much more acceptable and balanced. In that way, we would allow all of Air Canada's clients to make their comments as they wish.
The Official Languages Act also has the purpose, according to subparagraph 2(c), “to set out the powers, duties and functions of federal institutions with respect to the official languages of Canada”. I would like to speak of the Commissioner:
“Commissioner” means the Commissioner of Official Languages for Canada appointed under section 49.
“federal institutions” includes any of the following institutions of the Parliament or Government of Canada: (a) the Senate, (b) the House of Commons, (c) the Library of Parliament, (c.1) the office of the Senate Ethics Officer and the office of the Conflict of Interest and Ethics Commissioner, (d) any federal court, (e) any board, commission or council, or other body or office, established to perform a governmental functions by or pursuant to an Act of Parliament or by or under the authority of the Governor in Council, (f) a department of the Government of Canada, (g) a Crown corporation established by or pursuant to an Act of Parliament, and (h) any other body that is specified by an Act of Parliament to be an agent of Her Majesty in right of Canada or to be subject to the direction of the Governor in Council or a minister of the Crown, but does not include (i) any institution of the Council or government of the Northwest Territories or of the Legislative Assembly or government of Yukon or Nunavut, or (j) any Indian band, band council or other body established to perform a governmental function in relation to an Indian band or other group of aboriginal people [...]
I believe the definition of a crown corporation has been clearly explained. I wanted to read these definitions to emphasize what Air Canada's obligations are, as an organization that must comply with the Official Languages Act. When it was privatized, it was given its responsibilities under the Official Languages Act. However, private businesses or crown corporations are not obliged to send the complaints or positive comments of users to the Commissioner. No such obligation exists in our mandate or elsewhere.
Personally, I feel that comment cards addressed to Air Canada should suffice. It is Air Canada that must take the steps to ensure they are compliant with the Official Languages Act. If Air Canada management is not made aware, no steps will be taken either to solve the problems or to congratulate the employees who have received positive comments.
I partly support Mr. D'amours' suggestion. I would like to hear the opinion of the other members of the committee on this matter.
I think that with some refinement, perhaps through amendments, we could end up with a motion that would deal with my concerns and others', and that would satisfy Air Canada clients.
On this basis, Mr. Chairman, we cannot support this motion as moved by Mr. D'Amours. I would invite Mr. D'Amours and my colleagues to comment on this motion and explain why they consider that it complies with our committee's mandate.
Thank you.
As you know, we have very often heard the horror stories that Mr. D'Amours has told us here. Everyone knows me: I am happy to criticize, but I also want to say positive things as well. It is the wording of the motion that bothers me. We have to recognize the positive aspect of a given situation, and not just look at the negative, if we want improve things. Good things are done as well as bad anywhere you are, that is life. We would like our world to be perfect, but unfortunately it is most imperfect.
The motion as drafted does not suit me. I would like to have something more comprehensive.
Some people who fly with Air Canada or Jazz are satisfied with the service. That also has to be said, as well as reporting on the bad habits we have often heard here. However, no one has spoken of the good habits. We live in a world where the worse things go, the better we feel; and when good things happen, they must not be mentioned.
I think we will have to put forward a system and ask Air Canada or anyone who works in such public positions to take into consideration both sides of the coin. It is always important to do so, for the simple reason that in that way, we can get a good overview of the situation.
We hear stories here, at the Standing Committee on Official Languages, as is the case with all the other committees, but there are never any grey areas. I think we have to clarify the situation. I would be prepared to propose a friendly amendment, as we say, so that Air Canada would be in a position to speak to their successes and so that we could also analyze their shortcomings. We have to take a broader look at the situation, and not only look at one side of the story. It is important to shine a light on both sides of the story so that we find ourselves in the grey area as little as possible.
This committee has to be proactive, so that people do not have the impression that we are only looking at one side of things, that is to say always looking at the bad aspects. I would hope that we are heading toward improvement, not deterioration.
We live in a rapidly changing and exciting world. We live in a world of globalization, a world in which our children are open to the world. I believe we must try and set parameters with a view to taking a much more balanced approach.
I would be prepared to move an amendment; if Mr. D'Amours wants to share that with me, I would be ready to do so.
Would you like me to read it, my dear colleague Mr. D'Amours?
It is slightly arrogant to presume that Air Canada would have only complaints from its passengers regarding its two official languages. I propose many would probably also like to let the commissioner know what a great job they are doing. Therefore, perhaps we should include a congratulation form along with the complaint form.
Air Canada is Canada's largest airline and flag carrier. The airline, founded in 1936, provides scheduled and charter air transportation for passengers and cargo in 178 destinations worldwide. Its largest hub is Toronto Pearson International Airport in Ontario. Its main base is Montreal-Pierre Elliott Trudeau International Airport in Quebec. Air Canada is the world's seventh largest passenger airline by fleet size, and the airline is a founding member of Star Alliance, an alliance of 26 member airlines formed in 1997. Air Canada's corporate headquarters are located in the Saint-Laurent area of Montreal, Quebec, in the riding of Mr. Dion, a member and the past leader. I wonder also if he consulted with Mr. Dion before proposing such a motion that will affect a national federally regulated company whose headquarters are in a Liberal riding.
In any case, Mr. Chair, Air Canada had passenger revenues of $9.7 billion in 2008, and the airline's parent company is the publicly traded firm, Aviation Holdings. I would like to remind the committee that Canada's national airline originated from--
:
I would like to remind the committee that Canada's airline originated from the Canadian federal government's 1936 creation of Trans-Canada Airlines, which began operating its first transcontinental flight routes in 1938. In 1965, Trans-Canada was renamed Air Canada, following government approval.
Following the 1980s deregulation of the Canadian airline market, the airline was privatized in 1988. In 2001, Air Canada acquired its largest rival, Canadian Airlines. In 2006, 34 million people flew Air Canada as the airline celebrated its 70th anniversary. Of those 34 million people, how many wished to formulate complaints on official languages services and how many would have liked to congratulate the airline? It is not up to us to say or decide, and I would argue, Mr. Chair, that we should allow the people to have the choice to do either.
Air Canada operates a fleet of Boeing 777, Boeing 767, and Airbus A330 wide-body jetliners on the long-haul routes. Air Canada also utilizes Airbus A320 family aircraft, including the A319, A320, and A321 variations, and Embraer E-170 and E-190 family aircraft on short-haul routes.
The carrier's operating divisions include Air Canada Cargo and Air Canada Jetz. Its subsidiary, Air Canada Vacations, also provides vacation packages to more than 90 destinations. Together with its regional partners, the airline operates, on average, more than 1,370 scheduled flights daily. These are impressive accomplishments, and Air Canada is a very important part of the lives of Canadians.
I think we have a responsibility as parliamentarians to act with all fairness and not just assume the negative. This motion asks us to assume that a company with the stature of Air Canada is not complying with federal laws, such as the Official Languages Act. It is, in my view, unfair and irresponsible for us to take that position, and I think we should consider a mechanism that balances out and allows for positive comments as well, Mr. Chair.
First I would like to thank my colleagues from every party for having supported the bill that I tabled in the House yesterday evening.
An hon. member: We have just changed our minds.
Some hon. members: Oh, oh!
Mr. John Weston: It was a golden moment. All the members were unanimous. I was very happy to live this moment in the House along with everybody else.
We could also learn our Canadian history here. I thank my colleague O'Neill-Gordon for having taught us some of the history of Air Canada, which was founded in 1938.
I appreciate the spirit of these discussions. I think that it is important to emphasize the positive aspects in our civil society. In any case, our society depends on this positive spirit. We do not have as many policemen in Canada as other countries have to enforce our laws, because the people themselves approve of the Constitution, the laws and conventions of the land. I also believe that Canadians are happy when we, the parliamentarians, emphasize not only negative aspects but also positive ones.
Besides, the expression "Her Majesty's loyal opposition" contains the word "loyal". This means that even if the opposition members criticize the government, all members must unite in this positive spirit.
In the private sector, companies depend on the participation of their clients. Mr. D'Amours suggested a good idea when he said that the clients should have the opportunity to participate in the management of Air Canada.
In the documents handed out by Mr. D'Amours this morning, he emphasized two passages that, in fact, deal with positive aspects. Here is the first excerpt:
If one of our employees has demonstrated our commitment to serving you in the official language of your choice, we invite you to share your experience and nominate the employee for a Dialogue language award.
The other excerpt rends as follows:
If Air Canada staff has allowed you to have an exceptional in-flight experience, please go to aircanada.com/customersolutions or fill out a comment card that flight attendants will provide you with upon request.
Therefore, I favour the initiative of tabling a friendly amendment that will give the clients an opportunity to offer Air Canada compliments and congratulations as well as complaints.
Thank you, Mr. Chair.
This is a very interesting experience for me, because as you probably know, I'm the Parliamentary Secretary for Multiculturalism. Whenever you talk about languages, I may have a slightly different perspective when we only look at bilingualism. Canada is a bilingual country, and we need both French and English, and I'm so lucky that I speak English, one of the official languages, well enough to be here to represent my riding, where 67% of my constituents speak a language other than the two official languages. Some of my constituents would love to have access to as many languages as possible. I would not argue for only English or French, but what about Farsi or Chinese or Korean?
I come from the business point of view, because my background happens to be that I taught business in school, in university, in marketing and other areas. I travel a lot. Find out how many times I've flown with Air Canada, not only between here and my constituency, but all over the world.
I also come from the perspective of a consumer, a customer. I would definitely love to have a forum in which I can express my opinions.
However, I want to speak from two different perspectives, first from the business point of view, and second, from the perspective of official languages and linguistic duality. I also have a degree in linguistics, and my doctorate degree is in business. My dissertation is on bilingualism from a practical perspective, a study of content and language. I think this is quite an interesting topic. I'd be more than happy to comment on that.
:
Mr. D'Amours, I know that you want us to discuss your motion. However, if you constantly interrupt the committee's work by raising points of order, this will draw the process out at length.
Some hon. members: Oh, oh!
The Chair: As I said just now, these discussions are about the use of both official languages, especially in the field of transportation. Therefore, I now invite the honourable member to keep to the subject matter. However, I consider that up to now, the information that I have heard is perfectly relevant, regarding the whole issue of the language of business and other linguistic considerations. I think that Ms. Wong was just ready to raise the issue that we are dealing with today.
Therefore, I would invite you to be sparing in your use of points of order.
[English]
Ms. Wong, I would invite you to....
[Translation]
Ms. Glover, do you want to raise a point of order?
:
Thank you, Mr. Chair, for allowing me to go on. This is a committee I'm not normally with, and I surely do not feel welcome anymore. I think I would hesitate the next time, if I'm invited back.
However, I'll come back to the comment.
Coming from my background, coming from the business point of view, and also from the act, I think the reason we are all here is because we bring our own experiences to the table so that Canadians can benefit from them. Since you don't know me, I presume you don't need that. My resumé...if you were to allow me, I could speak for two or three days.
Anyway, let's get back to the subject. I surely agree with the argument by our colleague, Shelly Glover, that nowhere in the act are they—meaning Air Canada—under obligation to provide such materials to the public, and that it will not foster the perception of official languages as a central part of Canadian identity. I'm proudly Canadian, so as a Canadian, I have the right to talk about that.
This makes the Official Languages Act again perceived as an obligation, an imposition, or a concession. Regarding his recent report, the commissioner spoke to us just this week about how we need to better promote linguistic duality and bilingualism. This will not achieve that. This, again, is a motion that will bring about strife.
Allowing the public to voice their opinions on the service received, whether they're good or bad, should be considered, but this should be balanced to not only suggest the complaints, but also the congratulations. Likewise, as I said, as a customer, as a frequent flyer, I do appreciate a lot of the good work that Air Canada has been doing.
So I actually speak in favour of Sylvie's amendment.
[English]
As I was saying, I believe this to be a fair and just amendment. I too have some significant concerns about the committee or any government or parliamentarian dictating to a private entity exactly what will be on something that is distributed to their customers. If we are to follow in the spirit that we are trying to help the situation, and that we are trying to make ameliorations that will help all our francophone and anglophone citizens, then it is imperative that we put forward motions that pertain to being inclusive and make sure we do not take a position.
In this case, I believe Madame Boucher's amendment to the motion allows us to make a suggestion, and I appreciate that Monsieur D'Amours' motion is to invite Air Canada to do this, but we should do it in such a manner that they have the right to be concerned about not offending their customers and not trying to push onto their customer base any kind of negative opinion or suggestion.
I too have had a number of very good experiences with Air Canada, en français, in English. I have been very satisfied with many of the trips I've taken. I would like to see Air Canada provide the opportunity for customers to make comments, both good and bad.
I believe the motion put forward by Madame Boucher is going to allow people like me to make our comments without feeling as if we are somehow going against what the comment card is for. If we suggest that it's only a comment card for complaints, how is someone to make a positive acknowledgement on a complaint card? I wouldn't feel comfortable doing that. It would seem completely contrary to what the card is for. I think we ought to be very careful to be inclusive and that we do not propose something that would leave out part of the population, part of Air Canada's customer base, and that is in effect what the original motion would do.
Madame Boucher has put forward an amendment that allows everyone to participate in providing comments to Air Canada with regard to their experiences. I thank Monsieur D'Amours for making a suggestion, but I particularly prefer the amendment that has been put forward by Madame Boucher.
I, frankly, cannot understand anyone who would not support the kind of amendment--and it's a friendly amendment--that has been put forward by Madame Boucher. I believe Madame Boucher does this because she has always displayed an affection for being inclusive. That is something I appreciate very much. When I sit in committee, I note Madame Boucher is a passionate member of this committee who quite often speaks from the heart. That is why I will support this motion, because I know that Madame Boucher has the people of Canada in her heart when she makes motions like this.
It is not a motion that is meant to be partisan or is meant to offend anyone. As she clearly stated, she appreciates the work that Monsieur D'Amours has done on this, and she's simply trying to make a friendly amendment that would allow Canadians to take part wholly and fully in the process to provide Air Canada with some feedback. That's what it's supposed to be about. It's supposed to be about feedback so Air Canada can make adjustments and can help their employees to respect a law that is very important to every member of this committee.
Once again, this amendment allows that to happen. Without this amendment, we are going down a very negative path. I simply would never vote in favour of our committee putting forward something that is negative, that is divisive, that is going to cause angst not only with Air Canada employees but also with customers.
For those reasons, I am going to support the well-thought-out amendment that Madame Boucher has put forward. I think it is right to do so.
I encourage every member of this committee to seriously reflect on how they hope customers will see our input. I hope they reflect on how Air Canada has been a major contributor to the economy and has done its utmost to try to push forward, to respect, the Official Languages Act in many areas.
Yes, they have some work to do. There are some improvements to make. Our committee has done some good work in making some suggestions with regard to that.
Coming back to this motion and this amendment, the motion does not help Air Canada. It does not help Canadians.
It will not help to have the cards sent to the official language commissioner, in my opinion. I believe, as was said before, we need to make sure that Air Canada can address the problems that arise from these comments and also that Air Canada can commend the employees who do good work and who provide valuable service to Canadian travellers.
That's why I believe the amendment is probably the best way for us to go. I would hope that all members of this committee would take that to heart, as does Madame Boucher, when they make their decision. I'm hoping to see them all support this friendly amendment. Then we can move on to other business.
Thank you, Mr. Chair.
So, Air Canada is an entity which is subject to the Official Languages Act. Ms. Glover was saying that there were concerns because of the possibility that Air Canada might be forced to provide complaint or compliment forms—but nothing is being done for the moment. However, it should be pointed out that section 10 of the Official Languages Act clearly states that Air Canada must offer bilingual services in Canada's main airports, including those located in and around Ottawa, and also on flights between Montreal and Moncton—which do not exist—and elsewhere in New Brunswick—which do not exist, either. That's my background. I have a lot of concerns, because this does not apply at all to New Brunswick, and that is unfortunate.
Something else concerns me as well. The complaint form has been in existence for several years now. It already exists. I imagine that, since Air Canada has already provided the complaint form in the past, it is not worried. We don't know of any correspondence addressed to Air Canada which states that there is dissatisfaction with the fact that there is a complaint form. Air Canada created the complaint form, which is not a complaint and compliment form.
There is basically something lacking as far as the amendment is concerned. I am a lawyer. I'm sorry about that, but I am a lawyer. When a lawyer pleads in court, when he pleads a case concerning human rights before a commission, it never revolves around a compliment form. You don't appear before a judge to make your case against the defendant, to pursue litigation, by beginning to say that you would like to compliment the opposing party. You do not tell the court that you want to make a complaint, but that you also have good things to say.
[English]
In English, to make it clear, the reason the official languages commissioner exists is to ensure that the Official Languages Act is being followed. Like all complaints, like all disturbances, like all claims people have, that is usually the result of complaints, not compliments. It seems ridiculous to me that you would want to add compliments to a complaint form for a body that exists to address grievances and complaints. The official languages commissioner will take care of the good points about Air Canada, which Madam O'Neill-Gordon, Madam Wong, Mr. Weston, and the others have made. We're not anti-Air Canada on the level of their service. They will get that feedback. The official languages commissioner will do investigations, and I would imagine these will be very full investigations that say, by and large, Air Canada does a very good job in delivering its services in compliance with the Official Languages Act.
But in order to ensure their obligations, you have to have a complaint form, because it is a process and it is a commission, and like all other commissions, it is what is going wrong under the law that provides an obligation on its part. This isn't the Better Business Bureau. This isn't a Zagat survey. This isn't Expedia, rating the best hotels or the best airlines in the world. This is very serious. The issue of compliance with the Official Languages Act is very serious and therefore ought to be driven by what Air Canada has already provided, a complaint form.
That's my comment.
:
Thank you, Mr. Chairman.
I would like to raise two points. I believe I have a subamendment to suggest. I would like to read section 25 of the Official Languages Act, because Mr. Murphy does not seem to understand that Jazz does indeed have an obligation. When Minister Baird appeared before us, he himself repeated that the obligations of those providing services on behalf of Air Canada must be respected. The same is true for a bill dealing with this issue. Section 25 stipulates the following regarding third party services:
25. Every federal institution has the duty to ensure that, where services are provided or made available by another person or organization on its behalf, any member of the public in Canada or elsewhere can communicate with and obtain those services from that person or organization in either official language in any case where those services, if provided by the institution, would be required under this part to be provided in either official language.
Section 25 of the act clearly indicates that Jazz also has responsibilities. As a committee, we ensure that they bear them. However, we must intervene with Air Canada because that is the company that must ensure that Jazz is meeting its obligations.
I move the subamendment. We spoke a lot about the Commissioner of Official Languages. I am prepared to accept all of the testimonies that I have heard, for example that it be addressed to the Office of the Commissioner of Official Languages, even though I have provided information that clearly demonstrates that there is no obligation there in that regard.
I would like to add the words “and to Air Canada” after “the Office of the Commissioner of Official Languages”. As I have already stated, this would allow Air Canada to take steps to deal with both complaints and positive comments. It is in fact Air Canada that manages the employees, and is responsible for bringing them back into line or congratulating them.
I hope my colleagues will support me. Once again, if you wish to discuss my subamendment with me, I would encourage you to share your point of view.
Thank you, Mr. Chairman.
:
I will try to respond quickly.
First of all, we are discussing a complaint form. There will only be one form. If it is to be addressed both to the Office of the Commissioner of Official Languages and to Air Canada, which way will it go?
Secondly, the Commissioner of Official Languages has the right to verify whether or not the complaint is valid before referring it to Air Canada. We are discussing complaints that come under breaches of the Official Languages Act. Normally, the Commissioner of Official Languages and his team will check on the complaint. If it is not valid, Air Canada will never hear about it. If it is, do not worry, Air Canada will be informed of it. The commissioner will work with Air Canada. This is the normal process for any complaint addressed to the commissioner, under the Official Languages Act.
I have already filed complaints with the Commissioner of Official Languages, copies of which I sent to Air Canada or to another party. Canadian citizens have the right to be able to complain to the Commissioner of Official Languages. Under his mandate, he is in a position to decide whether the complaint is valid or not. If it is unfounded, it stops there. In this instance, we are taking away the commissioner's responsibility to decide whether or not the complaint is founded.
That is why I cannot support the amendment. That should be an amendment and not the motion as such.
I appreciate what Mr. Godin said. However, it is important that everybody listening to us at present realize that they can send their complaints directly to the Commissioner of Official Languages. There is no problem with that. If they are not comfortable with the form found in the pocket, or in the enRoute magazine, they can send it secretly. We will not take this opportunity away from them.
However, I am completely against this idea whereby parliamentarians want to promote the secret filing of complaints, to the detriment of organizations that work with the Government of Canada. Should this happen, they would not be able to improve their services quickly. It is incumbent on parliamentarians to ensure that Air Canada improves the situation and its services and fulfils its responsibilities. Of course, the Official Languages Commissioner, upon receipt of the complaints, can initiate investigations. However, that can take time, sometimes 2, 4, 6 or even 10 months—this has already occurred. I think that Air Canada should find out as quickly as possible if one of its employees violates the Official Languages Act.
I am upset to hear a parliamentarian suggest that such things be done in secret. That is not our job. We do what we can to improve the situation. We are not here to prove that we are better than anyone else, or to catch organizations in the act. That is not our role. If we see problems, we deal with them, we try to resolve them. Air Canada's customers, Canadians—
[English]
They deserve better. They deserve service that is appropriate, and if someone is working on behalf of Air Canada and they do not follow the law, Air Canada ought to know right away so they can put into place some measures that will fix it. To try to circumvent their managerial responsibilities I think is wholly wrong. I do not agree with what Monsieur Godin said.
That is why this amendment that I'm making, although I'm not satisfied it is entirely inclusive and I'm unhappy we are not including that it contain positive reinforcements as well as the complaints--I would be wholly unsatisfied if we didn't at least tell Air Canada as well, when we asked them to put a pamphlet into their own seats.... My goodness, we've got to tell them if there is a problem so they can take some measures.
That is my comment on this.
I'm thankful that Monsieur D'Amours was prepared to accept the slight changes I've suggested. Thank you.
We will proceed with a recorded vote on the motion.
(Motion agreed to: yeas 10; nays 1)
The Chair: I will not have to rule on the motion as it has been adopted.
To conclude on the subject of Air Canada, I would remind you that Mr. D'Amours, in an opening comment when he presented his motion, referred to the Dialogue language award.
In the exchanges that occurred over the past two hours, there have been many comments on the positive and constructive aspects as well as the committee's role to encourage the advancement and to promote the equality of both official languages.
I take it upon myself to request that our clerk and our analyst ask Air Canada to provide us with a status report on this Dialogue award, in order to find out where the company is exactly with this and to find out what mechanisms it has set up to recognize anecdotes pertaining to linguistic success.
Ms. Boucher, do you wish to add anything to this matter?