Bill 89
The issue of French-language services provided by Children’s Aid Societies is a hot topic and is certainly being watched closely by the Commissioner’s Office, especially since a few months ago, amendments to the Child, Youth and Family Services Act, 2016 were proposed and debated in the Legislative Assembly. Bill 8965 is a golden opportunity for the government to show leadership and remedy the problems with French-language early childhood services that the Commissioner has been decrying for years.
Section 15 of Bill 89, as presented, states the following: “Service providers shall, where appropriate, make services to children and young persons and their families available in the French language.”
This wording suggests that French-language services would be provided at the discretion of the Children’s Aid Societies and not on the basis of what Francophone families need. The Commissioner’s position remains unchanged and very clear: the expression “where appropriate” applies to all cases involving French-speaking children or parents without exception, whether they are in an area designated under the French Language Services Act or not.
The Commissioner stated his concerns about Bill 89 at a November 2016 meeting with senior managers of the Ministry of Children and Youth Services. He clearly emphasized the need to protect the rights of Francophone children and families in this new version of the Act.
In April, the Commissioner also presented a brief to the Standing Committee on Justice Policy studying Bill 89 on second reading. He made recommendations aimed at guaranteeing the delivery of French-language services by the CASs. In his view, CASs should actively offer and provide French-language services to children, adolescents and families. Consequently, he considers it vital to impose an obligation on amalgamating CASs and the Ministry to take the CASs’ designation status under the FLSA into account and ensure continuity of service during and after the amalgamation process.
Recommendation 6
The Commissioner recommends that the Minister of Children and Youth Services propose legislative amendments to guarantee the rights of children, adolescents and their families to receive French-language services from all Children’s Aid Societies.
65. If passed, it will become the Supporting Children, Youth and Families Act, 2017. For more details, see http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=4479&detailPage=bills_detail_the_bill (page consulted in March 2017).