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The General Agreement on Trade in Services (GATS), which came into force on January 1, 1995 and is under the administration of the World Trade Organization (WTO), is the first multilateral agreement on trade in services. In it has been implemented a framework of basic obligations that apply in principle to all service sectors. It also includes in complementary annexes various specific commitments with regard to the following sectors : financial services, telecommunications, air-transport services and the movement of natural persons. These more specific commitments proved necessary owing to the complexity and particularities found in these sectors. This paper offers an in-depth and detailed analysis of the specific rules applying to these sectors. While numerous and quite significant— especially in the financial services and telecommunications sectors— and contrary to the general rules under GATS, until now they have been the subject of few in-depth analyses. The legal analysis is accompanied with a presentation of the relative contextual environment that sheds light on the particular nature of these sectors and the reasons why such specific commitments were negotiated. In concluding, further emphasis is put upon other sectors where specific issues arise and for which — within the context of the new round of negotiations on services begun in the year 2000 - the negotiation of special and more specific rules could prove to be necessary or useful.

This article analyzes the positions advanced by Parliamentarians and other interested parties, including the Commissioner of Official Languages of Canada, surrounding Bill C-72. This article concludes that in 1988, a clear and significant majority of Parliamentarians considered that the federal linguistic regime would be greatly improved if the Commissioner were given standing to participate in, or maintain court proceedings. It was deemed advisable that the Commissioner assume a leading role in the courts, notably as a plaintiff—a point of view based on the Commissioner's expertise and on his budget. That being so, the Minister of Justice of the time noted that the Commissioner should assume this new role only in cases of necessity. This view differed significantly from that of official language communities in a minority situation. These communities advocated for the establishment of an administrative tribunal devoted to the status and use of French and English and their rights, and that could, when needed, sanction federal institutions. The Commissioner in 1988 recognized the advantages of providing for a court remedy for breaches of statutory language rights, but seemed reticent to the idea that he would play an active role in the courts. This article concludes that since 1988, the Commissioner has seemed reticent to use all of the legal powers that have been invested in him.

Keywords: Commissaire aux langues officielles du Canada, langues officielles, recours judiciaire, intention du législateur, Loi sur les langues officielles, politique linguistique, ombudsman, projet de loi C-72, Commissioner of Official Languages, official languages, court remedies, legislative intent, Official Languages Act, language policy, ombudsman, Bill C-72