According to a new Léger poll, 95% of Quebecers say that proper communication is a key factor in providing safe and effective health and social services. Despite government claims to the contrary, Bill 96 will create serious obstacles to the delivery of safe and effective care for all Quebecers.
Posted at 12:00 p.m.
Since it does not include an explicit exemption from the health and social services system, Bill 96 subjects all sectors of Quebec’s civil administration – from driver’s license offices to municipal license offices to by residential and long-term care centers – to the identical obligation to use French exclusively in written and oral communications with their clients, subject to exceptions for certain categories of people and circumstances. The customer’s choice and the needs of the service are then no longer relevant.
The raison d’être of the health and social services system is to provide safe and effective care to those who need it. The past two years of the pandemic have demonstrated just how overburdened, underfunded and understaffed the system is, with deadly consequences for far too many vulnerable Quebecers. These essential services should never be used to achieve other goals that are political.
There can be no comparison between the needs of a seriously ill or disabled patient and the concerns of someone seeking to renew their driver’s licence. Bill 96 turns communications about life and death into yet another opportunity to advance the otherwise reasonable goal of protecting the French language in Quebec. And it does this in four main ways.
First, Bill 96 creates barriers for most immigrants and many long-term residents in all areas of public services.
Since there is no explicit exemption from the health and social services system, immigrants would be denied access to interpretation services or services in their mother tongue only six months after their arrival.
In addition, hundreds of thousands of people who are not considered “historic English speakers” would also be denied access.
Second, Bill 96 increases the obstacles to hiring personnel, in all sectors of civil administration, who can communicate in a language other than French.
Since social and health services are not explicitly exempted from Bill 96, candidates recruited and retained in the system will be much less likely to communicate in a language other than French. In the real world, fewer bilingual staff means less accessible services, and a much greater likelihood of misinterpretation and risk of errors.
Third, Bill 96 provides for the anonymous whistleblowing of employees in all areas of public services for lack of compliance with the law.
Since there is no explicit exemption for health and social services, Bill 96 and its amendments to the professional code will leave health professionals caught between their obligations under the professional code of ethics and the linguistic charter.
In addition, the bill would make violation of the language charter an act derogating from the Professional Code equivalent to breach of trust, corruption or sexual abuse of a patient.
Then, fourth, Bill 96 allows for the warrantless seizure of records, including confidential medical records.
On the basis of an anonymous denunciation, the Office québécois de la langue française would be empowered to enter any premises, with the exception of a dwelling, without a warrant, without notice or reasonable cause, and to seize documents and records, even electronic, including personal medical records. With the suspension of fundamental protections, the confidentiality of personal health records would be threatened. A reluctance to disclose can lead to risks for the client.
People have the impression that our society is divided, but Quebecers almost unanimously agree that effective communication is essential to the delivery of safe and effective health and social services. The health system and caregivers should be allowed to play their demanding roles without having to bear the additional and dangerous burden of balancing client needs and language policy priorities. Clients should be able to access the system without risking substandard care due to miscommunication.
The government should clearly and explicitly amend Bill 96 to exempt the health and social services system.
The health and well-being of Quebecers demand no less.