N.B. Ombudsman may investigate scrapping of early immersion program

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New Brunswick's commissioner of Official Languages was already on record for opposing the New Brunswick government's decision to scrap the early French immersion program in the province's English language schools, but now Michel Carrier is actively encouraging public opposition to the controversial change.

Carrier was out of the country and could not be reached yesterday morning when his staff released a statement from him, but in the release he says, "there is no doubt that the system is in need of reform. However, like many others who have come forward, I am not convinced that this is the way to go. Indeed, experts in the field have confirmed that there are many options that could have been considered other than slashing the early immersion program."

The Official Languages Act of New Brunswick does not apply to the Department of Education, limiting the power of the commissioner of Official Languages to investigate complaints with respect to the operation of the education system.

The Act however does provide him with the authority and the responsibility to promote the advancement of both official languages.

Carrier said he has attempted to convince the education minister that the abolition of the early immersion program was not the right course of action. He pointed out that there are a number of expert recommendations that did not seem to have been given the proper attention during the review process.

However, because his mandate does not allow him to investigate complaints related to the ongoing FSL controversy, the commissioner said he is "encouraging New Brunswickers who are unhappy with the government's decision to contact the Office of the Ombudsman."

Carrier said the suggestion that the immersion changes are more administrative than legislative and, moreover, suggestions the work of FSL report's authors was flawed, brings about questions of due process, an issue that falls squarely within the ombudsman's purview.

Ombudsman Bernard Richard is also the province's Child and Youth Advocate, which Carrier said further mandates him to examine the impact of the changes on New Brunswick's children.

"I intend to continue exerting whatever influence I have to convince the provincial government of the need to re-think its decision," Carrier said.

Ombudsman Bernard Richard said yesterday his office was already being contacted by parents before Carrier publicly encouraged New Brunswickers to do so. In fact, "the first one came the day before the announcement (that early immersion was being scrapped)," Richard said.

Richard said he would ponder over the Easter weekend the arguments he's heard and then make a final decision on whether or not to open a file on the matter. However, he has already put the Department of Education on notice that he is considering it.

He also said he will sit down with education officials soon. Because of the speed at which government is moving on the change, Richard wondered aloud if it might be too late to reverse or alter the government's course even if that was the conclusion he came to.

"I'm meeting with the department next week. I would want to have a sense anything I might do will matter."

He said, "political lobbying is somebody else's job," but his mandate was to look at process.

"For the credibility of any government in a democratic society, the public has to feel they have been heard and that proper process has been followed," Richard said.

With criticisms of everything from the math used in the FSL report to the logic of the conclusions drawn from it, added to the interesting letter to the editors of New Brunswick newspapers this week from academics Joan Netten and Claude Germain, who pointedly rejected anyone suggesting they were in any way involved in the government's decision, Richard said the perception may be out there that the process was flawed.

"If they (the public) feel the process is fundamentally flawed or they haven't been heard," in any situation, then it is the ombudsman's duty to investigate, he said.

Education Minister Kelly Lamrock was asked yesterday if the reforms could be stalled if Richard investigates.

"No. I'm very comfortable with what we've done educationally," he said. "What we've said is we are not just going to have bilingualism for an elite 20 per cent, it is for everybody and at the same time we are going to provide a better learning environment for all kids. Educationally I'm very happy about that, I'm very comfortable with it."

He said if there are process questions then his department will answer process questions.

"Understand that it is very common when people don't feel they've gotten their point across on the political question that they then try and throw everything procedural they can at it," he said." It's normal. It's part of the process too."