Nouvelles

Telegraph-Journal
p. A6, mercredi, 18 février 2009

Reform critics brief federal watchdog

Benjamin Shingler

Hubert Dupuis, the president of the Committee for Equality in Health Services in French, and retired Supreme Court Justice Michel Bastarache, an adviser for the group, met with Graham Fraser, the commissioner of Official Languages, in the nation's capital.

Bastarache, who requested the meeting with Fraser, defined it as "an information session."

He said he wanted Fraser to better understand the controversy over the province's health care reforms.

"It was important for him to know what exactly was behind what he was reading in the press in New Brunswick," Bastarache said in an interview from Ottawa.

"Basically, he was interested in knowing whether the foundations for the linguistic policies in New Brunswick were being put into question."

The Committee for Equality in Health Services in French is challenging the constitutionality of the province's recent merger of its Regional Health Authorities, which brought the number from eight down to two.

The committee is upset that the reforms erased the province's only francophone health authority, the Beauséjour RHA. They argue the change removes francophone governance from the health system.

Fraser declined to comment on the meeting. Robin Cantin, spokesman for the Office of the Commissioner of Official Languages, defined the encounter purely as a private information meeting. The role of the office is to ensure the proper implementation of the federal Official Languages Act, by federal institutions.

Cantin said the commissioner currently has no plans to take action on the matter.

Following the meeting, however, Bastarache didn't hesitate to share some of Fraser's opinions. He said Fraser was "surprised" once he was explained the details of the provincial reforms.

"He thought that in New Brunswick we had come to establish some kind of equilibrium between the two language communities and their respective language rights," he said.

"He was surprised, and I think the basis of his surprise comes from his analysis of the defence put forth by the province, where they've put into question many of the accepted priniciples."

Bastarache said the province's language policy should guarantee that francophones not only have the right to be served in their native tongue, but also have equal access to services developed by the community. He said the health reforms are inconsistent with that policy.

"The service has to be developed in consultation with the minority, taking into its account its special needs and priorities," he said.

Dupuis went further, suggesting the reform was, by extension, an attack on the Acadian people.

"This goes far beyond one institution," he said.

"It seems to encompass all of the Acadian and francophone institutions."

Meanwhile, the legal dispute between the committee and the province appears to be no closer to a resolution. Bastarache said the committee hasn't been in contact with the premier or the health minister recently.

"We had limited discussions with their lawyers, and the only thing they told us is that they would present a motion asking us to take out the name of the premier and the minister of health in our action, and to set the action only against the government itself.

"That's the only news we have from their side," he said.