Commission of Inquiry into Bilingual Air Traffic Services in Quebec (Canada) : The Commission of Inquiry Into Bilingual Air Traffic Services In Quebec was established under Order in Council, P.C. 1576, 23 June 1976 (revoked by Order in Council P.C. 1588, 28 June 1976) under Part I of the Inquiries Act (R.S.C., 1970, c-I-13) and on the recommendation of the Minister of Transport. Amended by Order in Council, P.C. 2251, 14 September 1976 and Order in Council, P.C. 1265, 12 April 1979. The Commission was mandated to inquire into and report upon the safety of the introduction of bilingual Instrument Flight Rules (IRF) in Air Traffic Services in the Province of Quebec, and the implications in relation to aviation safety, implementation costs and operational efficiency, and upon the procedures (and methods of their development) being developed by the Department of Transport in conjunction with the aviation associations and the aviation industry, and also upon such other matters as might influence the further introduction of bilingual Air Traffic Services in Quebec, with specific reference to: (a) the parameters of a procedural study to be conducted by the Department of Transport based on the use of an air traffic control electronic simulator; (b) the documentation required pertaining to the various procedures developed in order to facilitate evaluation of those procedures; (c) the detailed conduct of the Department of Transport's studies and participation therein of representatives of the aviation industry and associations by monitoring, as appropriate, through specially appointed professional advisers if considered necessary, and by means of interim recommendation to the Department of Transport, the aviation industry and associations; (d) the IFR procedures finally developed, and the Visual Flight Rules (VFR) flight operations in Dorval and Mirabel Terminal Radar Service Areas, and St. Hubert Control Zone, in terms of the adequacy of the method used in developing and testing the procedures and the implications in relation to aviation safety, implementation costs and operational efficiency; and (e) relevant matters that may in the course of the inquiry arise or develop and that, in the opinion of the Commissioners, should be included in the report. The commissioners were William Robert Sinclair, Julien Honoré Chouinard and Darrel Verner Heald. The secretaries were J. Marcel Richard and O.F. Plouffe.
The Government of Canada's plan to allow the use of French in air communications in the Province of Quebec caused a bitter dispute between English-speaking and French-speaking air pilots and air traffic controllers which led to a national strike in 1976. Beginning in the 1970's, a gradual introduction of bilingualism for air traffic controllers in Quebec took place and by 1973 all air traffic controllers employed in that province had to be bilingual. In June 1974, the Department of Transport authorized the use of French, as well as English, for air traffic control services under visual flight rules (VFR) at five small airports in Quebec including: Quebec City, St. Jean, Baie Comeau, Sept-Iles and St. Honoré. Moreover, on 13 December 1975, the Minister of Transport, Otto Lang, confirmed the federal government's commitment to allow bilingual air traffic control services in Quebec under instrument flight rules (IFR) for commercial airlines. On 12 May 1976, bilingualism became an issue in contract negotiations between the air traffic controllers and the Government of Canada. At that time, a conciliation board recommended that a public inquiry be held "to examine all questions of language and safety in air control". As a result, on 13 May the government appointed John T. Keenan as Commissioner to inquire into and report upon:
"The implications, in relation to aviation safety, implementation costs and operational efficiency of the procedures (and the methods of their development) being developed by the Department of Transport in conjunction with aviation associations and the aviation industry for the introduction of bilingual IFR [Instrument Flight Rules] air traffic control services in the Province of Quebec."
Most English-speaking controllers, represented by the Canadian Air Traffic Control Association (CATCA), and pilots, represented by the Canadian Air Line Pilots Association (CALPA), opposed the introduction of French for air traffic control services under IFR on the grounds of safety. Moreover, the controllers protested against the terms of reference for the Keenan inquiry because they wanted safety under all flight conditions examined. CATCA conducted a successful strike vote of its members and they were set to go out on 31 May. By contrast, the French-speaking controllers and pilots, represented by l'Association des gens de l'air du Québec (AGAQ) maintained that the threat to safety was exaggerated and that the use of French for air traffic control services under IFR was the real issue.
Although the Government of Canada agreed to make the terms of reference for the inquiry more acceptable to the controllers and pilots, the appointment of Keenan as Commissioner was unacceptable to the AGAQ because he had acted as counsel for CALPA. Keenan resigned, therefore, on 7 June. But, once again the members of CATCA voted in favor of a national strike. Despite a court injunction ordering the controllers to remain at work, a wildcat strike occurred on 20 June and the next day air traffic across Canada was virtually halted. Under threat of prosecution, the air traffic controllers returned to work. The disruption in air traffic continued, however, because CALPA instructed its pilots not to fly in spite of the court injunction. Furthermore, several international airlines, including about 10 American ones, refused to fly to Canada.
On 23 June, the Government of Canada announced a new public inquiry on the subject of bilingual air traffic control services under IFR in the Province of Quebec. The terms of reference for it were similar to the Keenan inquiry but there was no provision for a study of implementation costs. Once the inquiry was announced, Prime Minister Trudeau called for an end to the strike. He promised that "no new bilingual air traffic control procedures will be adopted unless the commission of inquiry concludes that present safety standards will be fully maintained." Most members of CATCA and CALPA found the terms of reference for the inquiry unacceptable and, a few days later, the Order in Council under which it was set up was revoked. The unions were distrustful of the government because it appeared to them that it was determined to extend bilingual air communications even though it might be unsafe.
Negotiations between the Department of Transport, and representatives of CATCA and CALPA continued, and on 28 June they concluded an agreement which ended the strike. Once again the government established a public inquiry to evaluate procedures for bilingual air communications in Quebec as developed by simulation tests conducted by the Department of Transport. It required the Commissioners to justify "beyond a reasonable doubt" that the measures planned could be implemented safely. Also, a clause relating to implementation costs was added to the terms of reference.
Furthermore, the Minister of Transport and representatives of CATCA and CALPA, signed a memorandum of understanding calling for the commission's report to be unanimous and for a parliamentary vote, free from party lines, on its recommendations.
By 29 June, air traffic in Canada returned to normal. CATCA and CALPA promised to cooperate fully with the inquiry but l'Association des gens de l'air du Québec, which strongly opposed the agreement, did not participate in the inquiry for several months. The Quebec members of the Liberal caucus in Ottawa were generally against the agreement of 28 June as well. Prime Minister Trudeau, fearing the strike might continue, persuaded them to accept it. But, Jean Marchand, the Minister of the Environment and former Minister of Transport, resigned from the Cabinet over the issue. There is no doubt that the crises united francophones because a number of English-Canadians were critical of the bilingualism program and expressed strong anti-French sentiments throughout this struggle over language rights. As the Canadian Annual Review put it:
"no one who lived through it could escape the conclusion that public opinion in Canada as expressed between the lines editorially, in a flood of letters to editors and MPs, in hot line shows, and on the streets was fundamentally critical of bilingualism if not outrightly anti-French and supported the pilots less because they too understood the safety argument but because the pilots were taking a stand on a fundamental issue." (See: Canadian Annual Review, 1976, pp. 54-83 and newspaper clippings, RG 33/121, Vols. 24-29).
Hearings of the commission were held in Montreal from 10 January to 25 March 1977 and from 5 February to 5 April 1979. The commission received 38 submissions and 363 exhibits. RG33-121 General Inventory
