Consideration of the ministerial letter on English health services in Quebec

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Three Quebec ministers signed an open letter in The Gazette on Friday seeking to clarify the government’s new and hotly contested directive on the use of languages ​​other than French in health care. The following checks this letter of Jean-François Roberge, responsible for French; Eric Girard, who handles relations with English-speaking Quebecers; and Christian Dubé from Health and Social Services.

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“The Quebec government imposes absolutely no language requirements in the health care environment before providing health care in English to anyone who wants it.” says the letter.

That requirement is misleading. The 31-page directive requires that “all oral and written communications must be in French.” It then specifies that other languages ​​”may be used” in exceptional cases such as emergencies which are spelled out in excruciating detail.

For those seeking English-only health care, the directive imposes, for the first time in Quebec history, the requirement that historical anglophones must have received an “issued” English-language certificate of eligibility from the Ministry of Education, and they must specifically request health care in English. And even if a patient presented such a certificate of eligibility, the directive stipulates that a healthcare institution may – but must – provide medical services only in English. Such certificates have proven difficult to obtain for English language learners and are generally not available for adults.

Nowhere in the letter do the three ministers address the requirement for a certificate of competency in what in fact amounts to a mistake.

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“Every English-speaking person in Quebec has the right to receive health and social services in English, according to section 15 of the Act Respecting Health and Social Services. This right is clear and in no way questioned.”

This requirement is misleading. Although it is true that Section 15 of the Health and Social Services Act states that “English-speaking persons have the right to receive health and social services in the English language,” the language provisions of this legislation are now in line with the Charter. French Language, as the Government of the Coalition Avenir Québec changed it under Bill 96 two years ago.

The Charter of the French Language also now takes precedence over Quebec’s own Charter on Linguistic Rights and Freedoms. And the language charter includes several articles that conflict with Chapter 15 of the Health and Social Services Act, say experts such as Montreal lawyer Eric Maldoff.

For example, Article 46 of the Language Convention prohibits public employers (including in health and social services) from hiring an employee who has knowledge of a language other than French “unless the nature of the duty requires such knowledge; Even in the latter case, the employer must first take all reasonable measures to avoid imposing such a requirement.” Furthermore, Article 46.1 stipulates that the employer must have “limited as much as possible the number of jobs involving jobs whose performance requires proficiency … in a language other than” French.

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Experts warn that these provisions will immediately prevent French health facilities from providing services in English and other native languages ​​such as Italian, but in the long term will undermine the ability of designated bilingual facilities to do the same.

“The Charter of the French Language affirms and maintains the right to health and social services in English. The passage of the “French, Official and Public Language of Quebec Act” (formerly known as Bill 96), which amended the Charter, does not change the availability of health and social services in English.”

This requirement is misleadingfor the same reasons as above.

“In addition, regional access plans, which were requested by the English community, have been approved by the government.

This requirement is truealthough the CAQ government approved the English access plans only after a hard-fought year-long campaign by the English community.

“The recent directive issued by the Ministry of Health and Social Affairs does not limit the circumstances in which users are entitled to receive health and social services in English. Any suggestion to the contrary is false.”

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This requirement is wrong. The directive is densely worded and complex, requiring the reader to jump back and forth between many pages, as well as having to read parts of both the French Language Charter and the Health and Social Care Act to gain a full understanding – something that doctors and nurses are unlikely to do before interacting with a patient.

The litany of emergencies described in the directive—including the hypothetical scenario of a 14-year-old girl who has recently had an abortion in which the use of a language other than French can be “allowed”—overwhelmingly demonstrate the extraordinary nature of speaking in English. In any case, the eligibility certificate requirement for historical anglophones – but not for anglophones who have immigrated to Quebec from elsewhere – effectively limits the circumstances in which users in the latter group are entitled to receive health and social services in English only.

“Institutions in the health and social care network do not request documents or evidence from users for providing care in a particular language.

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This requirement is unbelievable, as the directive was first issued on 18 July and no one knows how the requirement for the English Certificate of Competence will develop in the health sector.

“The decree also recognizes the uniqueness of health and social care institutions, such as the Jewish General and Santa Cabrini Hospitals, which were also recognized by the Office québécois de la langue française.

This requirement is misleading. The decree refers to Article 29.1 of the Charter of the French Language, which grants bilingual status to certain municipalities, school boards and hospitals. But the edict does not specifically mention the Jewish generals or Santa Cabrini.

What’s more, the Office québécois de la langue française no longer lists Santa Cabrini as protected under Article 29.1 for reasons that have never been explained. Santa Cabrini is now listed on the Ministry of Health website as an “Ethnic Institution” where interpretation and translation services are permitted.

“The Quebec government’s intention has never been to limit access to health care for English speakers in Quebec. We understand that many people are concerned about the directive. We will meet with representatives of the English-speaking community to hear their concerns and reassure them of our desire to provide Quebecers with health care without language requirements. We are open to clarifying the directive to make it clear that there will never be language requirements in Quebec to treat a patient.”

These requirements are unprovableas the government has not yet met with the leaders of the English community and has not set a date.

You can read the government directive below. It is not available in English.

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