system such as ours, for a body to settle the jurisdictional conflicts and uncertainties to which all federal Constitutions inevitably give rise. Secondly, if such a body is to enjoy the respect and authority which it needs in order properly to discharge its functions, it must retain a judicial character and be able to perform its functions impartially. Thirdly, the independence of the judiciary is a fundamental principle of the Constitution which must be protected accordingly.
These principles, we acknowledge, are self-evident; they are essential if Canada is to continue to be governed by the rule of law. Unquestionably they would guide both federal and provincial governments in their review of the Supreme Court of Canada.
The Public Service of Canada. The public service of Canada should also be looked upon as one of the institutions of federalism. This means, as the Royal Commission on Bilingualism and Biculturalism has said, that English and French must be the languages of work in the federal public service, particularly in Ottawa and other areas where both languages are spoken. It also means that in its composition the public service should in a general way reflect the character of the nation.
The fact that the Government recognizes the public service as an institution of federalism was evident in its announcement almost two years ago of its intention to make the public service progressively bilingual, and its determination to increase the numbers of French-Canadians in the service. A great deal of progress has been made in this direction, and more can be expected as our capacity for language instruction improves, and as our ability to attract to the public service French-Canadians, and Canadians from all regions and walks of life in the country, increases. The problems we face are not constitutional; they are very practical. Canada’s public servants are the products of Canada’s educational systems, and if the educational systems have not produced bilingual graduates public servants cannot be expected to be bilingual. There are therefore very difficult problems of adjustment, for the Government and for the public servants. We intend protecting as a matter of justice civil servants who have rights to security and expectations for advancement under past language practices. But we are resolved, while according such protection, to make the required changes. To this end we are providing extensive language training facilities for civil servants who are not bilingual. For the future, it is the provincial governments which can contribute most to this change by making available to all students the opportunity of learning to speak French as well as English.
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