Government extends interim official languages commissioner

Prime Minister Justin Trudeau's government has moved to fill the vacant Official Languages Commissioner's position, adopting an order-in-council to renew Interim commissioner Ghislaine Saikaley's term. 

The order-in-council, signed Wednesday by Gov. Gen. David Johnston, resolves a problem that emerged when the government allowed the position to become vacant Saturday, leaving the official languages commissioner's office in a state of legal limbo.

Heritage Minister Mélanie Joly told reporters the order-in-council renews Saikaley until Oct. 17 or until a full-time commissioner is appointed and was backdated to Friday. Her spokesperson later said the minister misspoke and the extension was backdated to Monday. On Thursday, Privy Council officials further clarified that Saikaley's appointment is being renewed for up to six months, bringing it to mid-December.

• Trudeau government leaves official languages office in legal limbo
• NDP calls for new committee to review appointments
• Madeleine Meilleur takes herself out of the running

The announcement by Joly came only minutes after Trudeau was forced to field questions in the House of Commons over why the government had allowed the commissioner's office to become vacant.

"The Liberals have so mismanaged the process of selecting a new Commissioner of Official Languages that the office currently lacks the ability to do anything," said NDP MP Rachel Blaney. "Without a commissioner, the office falls into a legal state known as 'functus.' It sounds appropriate. The office cannot sign papers, deliver reports, or begin investigations."

"When they could have easily extended the interim commissioner's term, why have the Liberals chosen to leave the office completely functus?"

Trudeau responded by defending his government's new appointment process and its commitment to official languages.

"We remain committed to finding the best candidate for the official languages position, and work at the Office of the Commissioner of Official Languages is ongoing," he told the House. "An announcement will be made shortly."

The unusual situation that left an agent of Parliament's office vacant, without the legal authority to carry out some of its functions for four days, is the latest twist in the ongoing saga of the government's attempts to fill the vacancy left when former commissioner Graham Fraser's term expired.

Meilleur appointment raised objections

On Dec. 17, the government appointed Saikaley as interim commissioner for six months while it conducted a search for a new commissioner.

In May, Trudeau nominated Madeleine Meilleur, a former Ontario Liberal cabinet minister, but Meilleur ended up stepping aside on June 7, following a furore over the appointment of someone with a political background to a normally non-partisan position.

Meanwhile, Saikaley's interim appointment quietly expired Saturday.

Unlike most government bodies, the legal authority for the commissioner's office lies in the commissioner, not the office itself. If the commissioner's position is vacant the office falls into a legal limbo known as "functus officio," where it does not have legal authority to act.

NDP Leader Tom Mulcair said the problem making appointments in the official languages commissioner's office is symptomatic of a bigger problem with the Trudeau government.

"I think it's an indication of sheer incompetence [...] they're not good at governing. They're great at providing lines, they're extraordinary about emoting, they're great about communications, but there are actually some nuts and bolts things that you have to know how to do to make a government work and they just don't know how to do it."

Mulcair said the government hasn't contacted him to consult on a new candidate for the job. The Official Languages Act requires the government to consult opposition leaders on the appointment.

According to the rules, the appointment of the commissioner must be ratified by both the House of Commons and the Senate. With the House of Commons about to rise for the summer, Canada isn't likely to have a permanent official languages commissioner until the fall. 

Elizabeth Thompson can be reached at elizabeth.thompson@cbc.ca