Quebec’s Ministry of Health has recently introduced, for the first time, directives outlining specific situations where health care workers in the province can use a language other than French.
These directives are part of the province’s controversial French-language law known as Bill 96, which was adopted in 2022.
According to the new rules, which took effect on July 18, these guidelines aim to ensure French remains the primary language while still meeting legal requirements and providing adequate health services to Quebecers.
The document states that health care workers are allowed to speak in a language other than French in “emergency situations.”
However, health care workers must use French first and only if they determine that they can’t meet a patient’s medical needs are they allowed to use another language.
Workers in the health network can communicate in writing in a language other than French as long as a French version is also provided. Moreover, this is only allowed if the patient’s file notes that they don’t understand French or have requested communication in another language for health reasons.
Health care staff must also take into account whether the urgency of the situation demands it, as well as these other requirements:
- The patient’s understanding seems insufficient, which could endanger their health.
- The patient cannot give consent to treatment before it is provided.
- The patient is unable to understand all the information needed to participate in decisions about their health and well-being.
- The patient does not understand how to access available resources, affecting their ongoing, personalized, and safe access to health care and services.
“The situations and exceptions described for written communication also apply to oral communication. Therefore, it is possible to use a language other than French orally if it is allowed in writing,” the directives state.
Eric Maldoff, a Montreal lawyer and chair of the Coalition for Quality Health and Social Services, said that the new directives establish that healthcare staff is not to use English systematically even if they can.
“The problem with this is health and social services is not like going to a baseball game. People go there because they really need help. And you can’t have the people that are providing service worrying and having to second guess themselves ‘Can I speak to this person?”
“When can I switch to another language? Or having to worry about that other people are going to turn them in for using another language in which case there are consequences on this bill,” Maldoff said in an interview.
Maldoff added that these new rules are the last thing that the province’s health and social services need now and might lead to more medical staff leaving the sector.
Earlier this week, the Montreal Gazette reported that language inspectors from the Office québécois de la langue française (OQLF) visited the Santa Cabrini Hospital.
However, the OQLF told CTV News that it only sent its officials to the hospital to discuss francisation measures.
“This visit was carried out as part of the process of ensuring compliance with the Charter of the French Language,” a spokesperson for the OQLF said in an interview.
According to the Santa Cabrini Hospital, the visit was routine and unrelated to a complaint.