MPs raise concerns about French-language directive in Quebec health care

Two MPs are raising concerns about directives given to health sector workers on French-language use in Quebec institutions.

Notre-Dame-de-Grâce—Westmount MP Anna Gainey and Mount Royal MP Anthony Housefather took to social media to share concerns from some Quebecers who fear they will not be able to receive medical treatment in a language other than French.

"When it comes to health care, the language preferred by the patient is paramount," Housefather wrote on X.

"This directive seems to imply that you need English-language eligibility except if you're in exceptional situations and that's very problematic," Housefather told CTV News. Gainey posted a statement saying that she has spoken with legal experts as well as health and social services providers and advocates "to understand the impact of the recent Quebec directive on situations in which a language other than French may be used in the health and social service network."

She added that she spoke to federal Health Minister Mark Holland about the directive.

"They are very worried because the directive would interfere with effective communication between them and their caregivers," Gainey said. "The scientific evidence is overwhelming; effective communication is an essential component for the delivery of safe and effective health and social services."

Quebec French language minister Jean-François Roberge responded to criticism of the directives at the end of July and again on Tuesday took to social media to defend the policy.

"It is imperative to take strong action to ensure the vitality of the French language and this is what we have been doing since 2018," he wrote on X. "It is important to reiterate, however, that when it comes to health, the government imposes absolutely no language conditions before providing care in English to anyone who requests it."

Gainey wrote in her statement that the federal government will be prepared to insist upon patients being able to receive care in both official languages.

"The Quebec Health and Social Services Network has the capacity to provide and has been providing for decades services in both official languages based on the preferred language of service of the individual," wrote Gainey. "While the precise impact of the directive on English-speaking people in Quebec remains undetermined, it is clear that the confusion and uncertainty created by the directive is likely to have adverse consequences that cannot be ignored. Clarity is urgently needed." 

Directives 'put people's health and security in jeopardy,' legal expert says

Constitutional lawyer Frédéric Bérard said Gainey's argument is interesting but added that if English speakers in Quebec need to be accommodated, all French-speaking people would need to be accommodated across Canada.

He said, however, that the problem with the directives is that they encroach on the security that is protected by the Canadian and Quebec charters of rights.

"Think about it. You go to the emergency, the public servants have to follow the directive 100 per cent. They don't have any discretion on that," said Bérard . "They have to apply it, right? If they don't do so, they can lose their job, so they will apply the directive."

If a patient does not have their English certificate of eligibility due to it being elsewhere or if they have not applied for it, Bérard said, the patient's safety and security could be at risk.

"This directive is not only unconstitutional, but it's also nonsense in the way that you're just trying to divide people for no reason," he said. "The only reason why they do that is for political gains. And say, 'We're protecting French,' but there's no way you protect French and put people's health and security in jeopardy."

Bérard added that it's unreasonable to assume a health-care worker has read and understood every exemption in the 31-page directive.

"Do you seriously think that the nurse working at the emergency would have read the whole 31 pages and will remember each exception provided by the 31-page directive?" he said. "Don't you think that those nurses, doctors have quite enough on their shoulders right now not to try to interpret a directive that is that long?" 

With reporting from CTV News journalist Matt Gilmour.