Published August 13, 2024

New French language directive alarms health care advocates

Ruby Pratka – Local Journalism initiative reporter
editor@qctonline.com

People who need or prefer to receive health-care services in English are being advised to be vigilant and proactive in light of a new health ministry directive laying out specific situations where health care professionals might serve patients and their families in English.

The directive, officially titled “Directive specifying the nature of situations in which the health and social services network intends to use a language other than French where the French language charter allows” was issued as part of the Law 14 (better known as Bill 96) implementation process, explained Richard Walling, executive director of Jeffery Hale Community Partners. It came into effect July 18.

It specifies that English or other languages can be used orally or in writing “when health, safety or natural justice require it,” including whenever someone must receive emergency assistance, consent to his or her care or participate in decisions surrounding his or her care.

Itgoesontolayoutalist of situations where English can be used, including but not limited to obtaining parental consent for care decisions involving a minor, speaking to a person experiencing a mental health crisis or living with dementia, giving follow-up instructions to family caregivers, repatriating a body to another country or booking an appointment.

“One could argue that if you are consulting for your health, the [health, safety or natural justice] exceptions should apply,” Walling said. “Professionals have to respect their codes of ethics for things like informed consent as well.”

However, advocates are concerned by a reference to English eligibility certificates in the directive and about the fact that it makes no distinction between bilingual and non- bilingual health institutions.

“We thought former premier Lucien Bouchard had the last word on language and health care when he said in 1996, ‘When you go to the hospital and you’re in pain, you may need a blood test, but you certainly don’t need a language test.’ Not according to the current government, apparently,” Sylvia Martin-Laforge, president of the Quebec Community Groups Network, said in a statement. “If there is anything that will spark fear and anxiety in Quebec’s 1.3-million-member English- speaking community, or among other linguistic minorities, it is the suggestion that they might lose access to healthcare services in their mother tongue … or that they won’t fully understand what was being said about vital things during some of the most stressful and vulnerable moments of their lives.”

Walling said he didn’t want to create undue anxiety, but that he was still seeking clarification on how the directive would apply to Jeffery Hale– Saint Brigid’s, the region’s only designated bilingual health facility. “We’re trying to see if there are any changes we have to make, and how we can make those changes in a way that doesn’t reduce access.”

Jennifer Johnson of the Community Health and Social Services Network, which advocates for access to health care in English in the regions and works closely with the MSSS on health care access plans, also said she was “waiting for more clarity” on how the directive would be applied, particularly concerning immigrants and older Quebecers who don’t have eligibility certificates.

“Health care professionals are trained to provide health care – they’re not trained to interpret the law,” she added. “They are going to be conserva- tive with regard to taking the risk [of violating the directive] and unfortunately that means they may limit access.”

However, she emphasized that English speakers have the legal right to receive health care in their language of choice. “The Health Act is still in force and it says the same thing it did years ago – an English speaker has the right to service in English. The professionals are limited in how they can offer [English service], so you have to be proactive and walk in and ask for it.”

Minister for the French Language Jean-François Roberge told the Montreal Gazette last week that he intended to meet with community leaders to clarify the directive.

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