Why Quebec is moving away from the controversial directive on language in the health sector
The Quebec government appears to be moving away from a polarizing language directive that has sparked fears it could restrict access to health care in English and could potentially violate the Canada Health Act.
The 31-page directive, which took effect July 18, sparked anger and confusion in the province, prompting a rebuke from at least two Liberal MPs from Montreal and a response from the federal Minister of Health.
“The reaction was shock and disbelief and a sense of real betrayal.” That’s according to McGill law professor Pearl Eliadis in an interview with Global News on Friday.
Faced with growing backlash, three Quebec ministers wrote an open letter saying they were prepared to make changes to the directive, which sets out specific examples of situations in which English can be used in hospitals, clinics and health-care facilities.
One of its most controversial sections states that a patient must present a certificate of eligibility proving that they are entitled to receive health care in English because of their English-speaking roots.
“It would be absurd and maybe funny if it weren’t for the fact that people’s health, people’s lives and vulnerable people’s access to social services are not being called into question,” Eliadis said.
In the open letter released Friday, Quebec ministers insist the province is not limiting the availability of health services in English, adding that there will be no language requirements in Quebec to treat patients.
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Quebec French Language Minister Jean-François Roberge told Global News that he would not be asked “any questions.” English speakers in health facilities and they will not be required to present documents such as a certificate of eligibility.
“This will not impact how you talk to health care professionals. Let’s be clear. That was never our intention,” Roberge said.
How Ottawa reacts to the controversial directive
It is unclear how Quebec might change the directive and whether the federal government will step in if the guidelines are not rewritten.
Health Minister Mark Holland’s office says the Canada Health Act contains “general principles” that provincial governments must follow.
“We expect provinces and territories not to make decisions that would hinder Canadians’ access to health care in the official language of their choice,” Holland’s spokesman Matthew Kronberg said in a statement Friday.
The comments come as Liberal MP Anna Gainey, who represents the predominantly English-speaking Montreal riding of Notre Dame de Grâce-Westmount, said this week she had raised “serious concerns” with Mr. Holland.
Anthony Housefather, another Montreal MP, also criticized the guidelines, posting on social media site X on Thursday that “when it comes to health care, the patient’s preferred language is everything.”
On Friday, Housefather said he was “pleased to see the letter” from provincial ministers that “English health care will be available to all,” but added that the directive should be scrapped altogether.
“The next step would be to withdraw the directive that says none of this and come up with something as clear as their letter,” Housefather said.
Eliadis also called the provincial government’s actions “contradictory.”
“I think the government has discredited itself.”
Could there be “consequences” — and why now?
Eliadis says the Quebec government was “probably counting on the federal government” not doing “anything,” which has been the case with other controversial rules stemming from Bill 96.
Quebec Premier François Legault presented the bill as an overhaul of the Charter of the French Language, which imposes new language requirements on businesses, educational institutions and health care organizations in the province.
“The question will be what the consequences will be for Quebec. Will there be a holdback on transfers?” said Mr. Eliadis.
Under the Canada Health Act, Ottawa can withhold transfers of funds from provinces that contravene the conditions of access to care set out in its standards.
Last December, Angus Reid ranked Legault as Canada’s least popular prime minister, according to responses from people surveyed by the institute.
Since last fall, his party – the Coalition avenir Québec (CAQ) – has been losing popularity, with the sovereignist Parti Québécois (PQ) leading in the polls.
“I think the CAQ is trying to ‘dethrone’ the PQ,” Eliadis said.
“I think they are trying to establish their credibility in this area to divert votes from the PQ..”
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