The committee was studying the nomination of Kelly Burke to be the next Commissioner of Official Languages, and she appeared as the sole witness.
Kelly Burke, a lawyer and former French Language Services Commissioner of Ontario, described her vision for the role as championing a modern, confident and inclusive bilingualism. She emphasized the need for strong leadership to implement the modernized Official Languages Act, focusing on compliance, addressing the root causes of non-compliance, and using the commissioner’s new powers—such as mediation and administrative monetary penalties—as tools of last resort. She identified the digital universe and the decline of French, including in Quebec, as pressing issues, and committed to working collaboratively with federal institutions, provincial governments, and both anglophone and francophone minority communities.
Under questioning, Burke acknowledged the decline in French’s demographic weight in Canada and Quebec since 1971, citing a 1.5% drop in Quebec between 2016 and 2021 based on first official language spoken. She noted that the modernized act includes asymmetrical provisions for French in Quebec, such as new obligations for private businesses and a requirement for federal institutions to assess impacts on French, but said she would need more time to study specific positive measures. She disagreed with the suggestion that the commissioner’s new powers risk being symbolic, arguing they are far from it and will enable real change through a legally oriented approach.
Burke faced repeated questions about her departure as Ontario’s French Language Services Commissioner. She declined to provide details, stating only that she left after fulfilling her mandate and that the decision was made jointly, adding that she left with her head held high. When pressed on whether she resigned or was pushed out, she said she would not go into details and that the other party would give the same version. She confirmed there was a confidentiality agreement but would not disclose its terms.
On education, Burke stressed the importance of a continuum from immersion to post-secondary studies in French, citing her work to protect French programs at Laurentian University and her role in establishing the Université de l’Ontario français. She said sustained funding is critical for minority-language post-secondary institutions and that she would encourage young people to continue studying in French by highlighting better job opportunities. She also noted that Ontario’s francophone community is a significant asset and that she worked to designate new areas under the French Language Services Act.
Regarding the English-speaking community in Quebec, Burke acknowledged it as the largest minority-language community in Canada and said she is committed to addressing its concerns, including defending section 23 charter rights in court. She said she looks forward to learning more about the community and building trust, but declined to take a specific position on Quebec’s Bill 40 and the dismantling of English school boards, saying she would need more time to develop her position.
Burke was asked about the division of responsibilities between Treasury Board and Canadian Heritage under the act. She said the lack of clarity creates ambiguity that could infringe on rights, and as commissioner she would point out the consequences of not clearly defining who is accountable for achieving results. She also said she would use investigations, recommendations and annual reports to ensure the implementation of regulations—such as those for positive measures under Part VII—is not devoid of substance.
On her approach to independence, Burke said an officer of Parliament must remain impartial, pragmatic and confidential, while maintaining constructive relations with parliamentarians. She said she would not be influenced by the media cycle and would base her work on sound, timely investigations. She confirmed she has never been involved with any political party or made political donations.
The meeting did not include any procedural debate, motions or votes.
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