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Montreal

Now that Quebec's new language law has been adopted, many wonder how it will be enforced

Under the new law some people will still be able to receive government services in a language other than French. But it's still a mystery as to how government employees will determine who's eligible.

The devil is in the details for Bill 96, and those details are yet to be worked out

A bill.
Bill 96 will be given royal assent today at the National Assembly. But the CAQ government says it will be another year before all the details are worked out as to how the law will be enforced. (Sylvain Roy Roussel/CBC)

The potential problems with enforcing the Quebec government's new law to protect the French language commonly known as Bill 96become evidentwhen oneimagines the simplest of scenarios.

Supposeyour recycling bin is cracked,and you wantto get a new one.

If you live in Montreal, you'd call the 311 information number.

But if you want to speak English with the operator, things become more complicated.

Bill 96 will touch on many aspects of people's daily interactions with the public service and government institutions, everything from getting a new recycling bin to applying for parental leave. (Martin Thibault/Radio-Canada)

Under the new law almost all government services (with the exception of health care) mustbe provided in French.

There are two categories of people who will still be entitled to receive service in English or other languages:so-called "historic"anglophones(people who were educated in English), and immigrants who've been in Quebec for less than six months.

The city of Montreal has been wondering what its 311 operators are supposed to do when they're asked abouta new recycling bin or anything elsein English.

"How is one supposed to know who's entitled to receive services in English when they call311? How is the person whoanswers the phone call going to be able to verify how we can implement the law?" Dominique Ollivier, the head of Montreal's executive committee, said in an interview with CBC.

Ollivier said the city fully endorses the spirit of the new law, but it's waiting for answers on itsapplication.

The bill receivedroyal assent at the National Assembly today.

Ollivier said so far, the province hasn't offered any guidance as to how it's to be enforced.

Many organizations have concerns

It's not just the city of Montreal that's wondering.

"Are they going to issue government ID to people certifying that you're entitled to service in English? I have no idea how they're going to make that work," Eric Maldoff, chair of the Coalition for Quality Health and Social Services and a longtime advocate for anglophone rights, saidin an interview with CBC.

Lawyer and longtime advocate for anglophone rights Eric Maldoff says 'everyone is scratching their heads' about how Bill 96 will be enforced. (CBC)

"Maybe they're contemplating that people are going to be cross-examined on arrival, and then the bureaucrat will make a determination as to whether they want to serve in another language," Maldoff said.

Several other organizations raised questions and concerns about how the lawwould be enforced during committee hearings at the National Assembly in January.

"Everybody's scratching their heads about this. And it poses a serious risk for the people who are running these institutions or working in them," Maldoff said.

In a written submission to the committee, the Quebec Union of Municipalities said enforcing the new law would pose "several issues" for its members, "in particular when the health and safety of the population are at stake."

"Municipalities should therefore have some flexibility to determine the situations in which they can communicate in a language other than Frenchand which take into account the demographic profile of their population," the union said.

There is a large group of protesters.
Bill 96 prompted protests such as this one in downtown Montreal in May. (Graham Hughes/The Canadian Press)

The Quebec Human Rights Commission also pointed out in its submission that determining who's a historic anglophone or how long a new immigrant has been in Quebec will pose "obvious practical difficulties" when enforcing the law.

The Round Table of Organizations Serving Refugees and Immigrants, which represents more than 150 groups in Quebec, noted in its written submission that a lack of precisionin the legislation could pose particular problems for immigrants.

"Nowhere does the law mention the definition of 'immigrant,'" the groupnoted.

The round table said it's not clear if the limitation to a period of six months to receive government services in a languageother than in French applies just to permanent residents, or also to temporary foreign workers, and people with precarious or no immigration status who may already have very limited access to government services.

Bill 96 is a sweeping piece of legislation that covers almost all government departments, municipalities and Crown corporations.

So this will come up a lot: when people aregetting a new driver's license, asking questions about theirhydro bill, applying for parental leave benefits, talking with their child's teacher what are government employees supposed to do in all those situations if they're asked to speak English?

Details still being worked out

The short answeris that the province doesn't know how the law will be enforced yet.

lisabeth Gosselin-Bienvenue, a spokesperson for the minister responsible forthe French language, Simon Jolin-Barrette, told CBC in an email that Bill 96 won't start being applied for another year.

Over the next six months, the province will set up a new French language ministry, and that ministry will come up with a provincial linguistic policy for the entire public serviceand all municipalities and government organizations.

Those organizations will then have three months to submit their own plans for applying the policyto the ministry.

The ministry will then have three months to review, revise and approve those plans.

Finally, on or around June 1 next year, the law will start being enforced.

Confusion or misinformation?

But the lack of precise information now is already causing problems for the government.

After some high profile national and international news coverage about the new law last week, Jolin-Barrette suggested that "misinformation" about the law was being circulated.

Quebec Justice Minister Simon Jolin-Barrette responded to reporters' questions about Bill 96 as he arrived for the Coalition Avenir Qubec convention last Sunday. (Jacques Boissinot/The Canadian Press)

That prompted the government to takeout full-page ads in English newspapers yesterday and in French newspapers today in an attemptto clarify misconceptions about the law.

But Eric Maldoff believes the government has been deliberately vague about precisely how the law will work.

"I think the way the government's hoping this law will be enforced is to create enough confusion and enough discretion in the hands of the language police that people are not going to be certain of what they can do," Maldoff said.

"Therefore, they're going to refrain from serving in another language to avoid getting in trouble," he said.

Maldoff noted that under the new law anyone can file a complaint with the Office qubcois de la langue franaise (OQLF) if they believe a service has been improperly provided in a language other than French.

"You're going to have people who work in the system who are of goodwill, and they're going to be looking over their shoulder as to whether somebody overheard them speaking in English or Greek or Italian or whatever it is,"Maldoff said.

"All of this is going to lead to a lot of uncertainty in the minds of people who want to provide the services they're supposed to alot of nervousness, second guessing, hesitation," Maldoff said.

Jolin-Barrette's spokesperson,lisabeth Gosselin-Bienvenue, saidthat's not true.

"Clear guidelines willbe established based on the realities and services offered by the various departments," she said.