The Montreal Gazette has reported on a story about a young woman who was denied service in English for a driving exam at an SAAQ (Société de l'assurance automobile du Québec) in Quebec. The SAAQ employee cited Bill 96 as requiring them to service her in French, despite the woman’s claims of eligibility for service in English.
Quebec’s Bill 96 requires all communications by civil servants to be in French, given some noted exceptions. The bill also restricts enrolment into English schools and restricts the use of English in the legal system. Newer immigrants are also required to be able to speak French to their service providers within six months of locating to Quebec, lest they lose access to those services. This law is largely unprecedented as most laws have focused on French language rights, where this law works to prevent people from speaking English in interactions with government institutions - even if those public servants can speak English.
A history of systemic discrimination in Canada towards French Canadians has characterized Franco-Canadian politics up to this day. For example, French Canadians in the 19th and 20th centuries were discriminated against in the workplace, receiving lower wages than their English coworkers. In some provinces, French was banned in schools, and systemic underfunding of French Catholic schools made it harder for French Canadians to get a good education.
Quebec language laws are also shaped by the importance of the French language to the sense of French-Canadian identity. A recent study found that 91 percent of French Canadians viewed their language as a strong central component of their identity, over their sense of belonging to Canada, and for those living in Quebec, stronger than the attachment to their province.
The rationale for the passing of Bill 96 was the perception that the French language is under threat by the growing use of English in Quebec. The proportion of people who speak French at home predominantly has decreased since the 90s, however, the real number (total number) of those households has risen. The number of people who speak both English and French has also been increasing in Quebec as well.
The article reported that the minister of language Jean-François Roberge assured English-speaking Quebecers that those with “acquired rights” (those eligible for English school) would not face any barriers in demonstrating they require services in English. There are, however, many more English speakers in Quebec who do not have a schooling certificate and who would not fall under this exception. He also suggested that civil servants would accept self-identification of English speakers and not request any proof of qualification. Other exceptions include Indigenous and Inuit people, landed immigrants for a grace period of six months, and those living outside of the province.
The way the bill would be implemented relies on the new state language policy which outlines that “…the administration must never systematically make use of another language. Institutional bilingualism is incompatible with the Charter of the French Language.” Critics have pointed to issues with the vagueness of the law, and the seeming contradiction of mandating mono-linguicism while also attempting to ensure the rights of English speakers who have their roots in Quebec.
In the case of the young woman who was denied English service despite attesting to eligibility, the civil servants likely overstepped their authority. It is unclear, however, whether the government will continue to accept self-identification in the future as this is not ensured by legislation and has only been communicated by the language minister.