Procedure and House Affairs Committee on April 5th, 2022

[Dustin Fredlund]

My office is always open for any agency that wants to find out more about Inuktitut or Inuvialuktun terminology or anything. We would extend our resources to assist any agency, including Elections Canada.

[Ruby Sahota, Liberal, Brampton North, ON]

Thank you to all of the witnesses here today.

[The Chair, Liberal, Bardish Chagger]

That was very fruitful and very exciting.

On behalf of PROC committee members, I would like to thank our witnesses for joining us today, and the insights you provided. This is a very invigorating conversation.

If something comes to your minds later, do not hesitate to write to our committee. I can assure you that members will appreciate any insights or intel that you can provide from your vast experience.

I hope that you have a good rest of the day, and we look forward to continuing this important work. Thank you.

We are going to continue our study on indigenous languages on ballots. Our second panel will include the MP for Nunavut, Ms. Lori Idlout. Welcome to our committee.

This session will start with opening comments from you. We look forward to hearing from you.

We will go through one round of questions from each of the parties, and we will ensure that the Conservative Party has extra time.

Mr. Vis, I'll start with you, and if you want to share some of that time with anyone else, you're welcome to. Then we'll move to the Liberals, followed by the Bloc and then completing with the NDP.

Ms. Idlout, welcome to PROC committee.

[Lori Idlout, NDP, Nunavut, NU]

[Member spoke in Inuktitut, interpreted as follows:]

Thank you for inviting me to speak as a witness. I have enjoyed listening to other witnesses regarding this important issue.

As an Inuk, I have always known that language and culture are intimately connected, but I have been intrigued by this system's attempt to isolate language in the context of voting.

I believe the attempt to separate language and culture is another indication of the impacts of colonialism. While initially voter turnout may have been high, voter turnouts declined, and remained low for generations.

The president of Nunavut Tunngavik Inc., Aluki Kotierk, pointed out that in the last federal election, the voter turnout in Nunavut was only about 34%. Indeed, the voter turnout in Nunavut Tunngavik Inc.'s election was approximately 17.5%.

I must share that Nunavut has shown that elections in Inuktitut, along with English and French, can and do work.

Procedurally, there is a precedent, but as I pointed out, ensuring indigenous voting by providing indigenous languages is not sufficient in and of itself. Voters are greeted at the polling station by an Elections Canada employee who speaks English or French. The elder may not understand what the employee is saying, so the elder is usually assisted by the kindness of someone else.

I will speak to what I have experienced, and seen in Nunavut. Many Nunavummiut voters enjoy the freedom of being able to vote in their mother tongue during a territorial election, or during a designated Inuit organization election. This is their right.

With the exception of the pilot project in the 2021 federal election, this is not a norm. The ballots had roughly transliterated Inuktitut names, and phonetically spelled party names in syllabics in the last federal election. This is not a norm.

According to the 2021 census, the population of Nunavut is 36,858, of whom 85% are Inuit. There are 25 Nunavut communities. Each community and region has its own struggles, and experiences when voting. It is imperative to understand that these are complex issues without simple solutions.

One specific example is the consequence of medical travel. Hundreds of Nunavummiut are forced to travel to Iqaluit or the south for medical services and treatments. In Iqaluit, those medical travellers wanted to exercise their right to vote in 2021. However, they were turned away because they were not residents of Iqaluit though they were residents of Nunavut. Therefore, they were denied their fundamental right to vote. Through the assistance of my campaign team, some were able to vote, but many were turned away. This is an example of how Nunavummiut must constantly fight to exercise their basic rights. Nunavummiut should not have to lose their right to vote because they are on medical travel.

I will summarize my comments regarding staffing. There are many unilingual Inuktitut speakers, especially Inuit elders. As a unilingual speaker on election day, an elder must have a proper ID. They are greeted at the polling station by an Elections Canada employee who speaks English or French. The elder may not understand what the employee is saying, so that elder is either assisted by the kindness of someone else or goes to the polling station not knowing what to do. With the exception of the pilot project described earlier by Elections Canada, the ballot is in English or French. Most elders cannot read English or French.

During my campaign, when it became evident that the ballots would not have Inuktitut, I had to describe to people that my name was the one in the middle, between two other candidates. This is not acceptable in a modern Canada. This is not reconciliation.

Another example involves the complaints process. Often when complaints are being made to the chief returning officer, if interpretation or translation is not provided, then a unilingual elder will have to depend on someone else to file the complaint. Sometimes it is not worth filing a complaint, because the person receiving the complaint literally does not speak the same language.

Prior to colonialism, first nations, Métis and Inuit had their own ways of identifying elders. Inuit in smaller camps based leadership on exemplary skills of hunters, sawmen or seamstresses. Inuit still have local leaders who are unique to our culture and way of life.

I learned, since my election, about the hereditary chiefs of the Wet'suwet'en. The chiefs in the territory within British Columbia are not elected as are those in the colonial system created as the Indian bands. The hereditary chiefs will have authority over the use of their lands, for the most part. I am sure we have all heard about the infringement of their rights and about the pipeline going through their territory without proper consent.

We must learn how best to respect indigenous governance to ensure Canada lives up to its commitments to reconciliation.

As a witness in this committee, I want to include the following recommendations for specific and immediate action.

One, learn from Elections Nunavut, which has extensive experience running elections in four official languages.

Two, hire full-time indigenous interpreter-translators within Elections Canada for those indigenous communities that need them. This will help build the necessary expertise and corporate knowledge for the department regarding indigenous languages for future elections.

Three, streamline the complaints process for unilingual indigenous people to voice their concerns. This needs to be made very clear and be improved.

Four, conduct a further study on indigenous governance within Canada's democracy as another form of reconciliation.

Finally, number five, ensure that the federal Government of Canada respects indigenous cultures in order to build the trust that is necessary for real reconciliation.

Thank you for allowing me this time.

[The Chair, Liberal, Bardish Chagger]

Thank you.

I would like to thank all the committee members for the leniency in providing that extra time for the opening comments. I'm sure certain words in English versus Inuktitut would probably take longer as well, so that was very appreciated.

We are going to go into basically an unlimited amount of time, it will feel like, with Mr. Vis. I will look forward to you, followed by Mr. Fergus, I believe, Madam Gaudreau and then Ms. Blaney.

Go ahead, Mr. Vis.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Thank you, Madam Chair.

Thank you, MP Idlout, for being at committee today. I went to your territory once. It was about 12 or 13 years ago. I went to the Nunavummiut legislature. It was in session, and they took a break from the session. What I remember from the chamber was that all of the interpreters were around the chamber to represent all of the languages. They all went into the lunch room afterwards. I was standing there, and they invited me in. I had a traditional Inuit meal with all of the translators. I had caribou, beluga whale and another type of whale. They even used their traditional knife. That was the one experience of my life where I really learned a little bit about what you said about connecting language and culture. It's an experience that will stay with me forever.

You made five recommendations just now in your opening remarks. This is our third day studying indigenous languages on the ballot. I've come to the personal conclusion—not even with my colleagues, but just me personally—that I almost feel that the situation in your territory is very different from the rest of Canada. That largely goes back to the 1993 land claims agreement that was supported by 85% of the Nunavummiut people. When that agreement was signed, were there provisions for culture and language that the federal government had to respect as part of that reconciliation process?

[Lori Idlout, NDP, Nunavut, NU]

[Member spoke in Inuktitut, interpreted as follows:]

That is a very good question.

I am so proud that you came to the Legislative Assembly of Nunavut. It's good to know you that had a chance to eat with the interpreters. The interpreters are held in the highest esteem, because they are very capable and knowledgeable people.

With regard to the boundary, under article 32 on social and cultural development, anything can be included in there in terms of culture and languages. There are no really clear clauses in the articles in the land claims agreement, and they're not really clarified right now, but they are included in the land claims agreement.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

I'm just going to make sure that I got that correctly. Article 32 is not very clear about the use of language specifically.

[Lori Idlout, NDP, Nunavut, NU]

I'll say it in English. Article 32 within the Nunavut Land Claims Agreement addresses language and culture. It addresses social development too. I think it's purposefully vague about what is meant by social development. It doesn't clearly define what is meant by social and cultural development for Inuit by purpose, because I think when the land claim was crafted, they wanted more room for it to be interpreted properly, not to make limitations on what would later become interpretations of that article. There is no specific wording about voting or elections, but that would be the article that I refer to when it comes to language and culture.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Would it be feasible for the Tunngavik corporation to come forward, because I'm assuming they still have regular negotiations with the federal government, and maybe make a request to the federal government that, in the unique circumstances of the territory of Nunavut, federal elections be in the recognized languages of the territory as part of its unique agreement with the Government of Canada through the 1993 Nunavut Land Claims Agreement?

[Lori Idlout, NDP, Nunavut, NU]

Just to clarify this a bit, when the Nunavut Land Claims Agreement was negotiated and signed, it was signed between the Government of Canada, Nunavut and Tunngavik, the organization that is now Nunavut Tunngavik Incorporated. It wouldn't necessarily be a request by NTI to ensure that languages are in Inuktitut because of it being enabling for other acts, including the Nunavut Act. The Nunavut Act, as enabling legislation, allowed for the Government of Nunavut to have authority over how elections would work within the territory of Nunavut, so that's more within the jurisdiction of the Government of Nunavut.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Okay. Is it your objective, in putting this study forward, to ensure that indigenous languages are on the ballot in your territory or possibly across Canada? If you were to walk away at the end of this term and in the next federal election we have your language on the federal ballot, would that be considered a success for you?

[Lori Idlout, NDP, Nunavut, NU]

That's a great question. I would love for all indigenous languages that exist in Canada to be incorporated into every ballot that is possible. If there are known to be more Ojibway people in northern Ontario, for example, then northern Ontario should have Ojibway on the ballot. I think we have a precedent we can follow, which is the Northwest Territories. It has 11 official languages, and from what I understood in their testimony this morning, they were describing that they're able to determine which communities and which areas in that territory have more of each of those different 11 languages to make sure that those languages are reflective of the needs of the community.

This is definitely something that I would love for all of Canada. We've seen it in Nunavut and the NWT, so if we can do it in populations where there are more indigenous people, then we should accommodate the needs of indigenous people in all of Canada.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

I see that perspective, but I think in Nunavut it could almost be easier than in other parts of Canada, largely because of the threshold question that MP Sahota raised: What would be an acceptable threshold for the inclusion of an indigenous language? Consider how that relates to our two official languages and especially what other Canadians would feel about having languages that aren't part of the Official Languages Act on a federal ballot. That would be problematic for some people, probably most likely for the Québécois.

What would you say about thresholds?

[Lori Idlout, NDP, Nunavut, NU]

That's a great question. I think what I would say about thresholds is that the extent of language loss in indigenous communities should be the threshold. If there's been more language loss, then Elections Canada should work harder to help promote and protect that language.

Elections Canada can have a role to make sure that languages are being protected, even through the ballot and materials towards becoming a candidate. Making sure that elections are all available in those languages should be the threshold. The more the language loss, the more that Elections Canada should work harder to ensure that those languages are on the ballot.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

If you were to amend the Elections Canada Act, what sections do you think would need to be amended? Have you considered putting forward legislation yourself in this Parliament?

As part of the agreement that the New Democratic Party made with the governing Liberal Party in your coalition, have you guys—

[Some hon. members]

Oh, oh!

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

This is a fair question. There are broad definitions of what a coalition is in the Webster's Canadian Dictionary.

My question is, when two political parties, if you want to do this....

[The Chair, Liberal, Bardish Chagger]

Mr. Vis, I would say that your line of questioning has been quite informative, and I would ask that you continue.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Thank you.

Was an agreement made to include amendments to the Elections Canada Act between the New Democratic Party and the Liberal Party? I believe that there were some lines in there on reconciliation. Was an amendment to the Elections Canada Act a part of the agreement made between your two parties?

[Lori Idlout, NDP, Nunavut, NU]

To respond to the first part of your question about legislation, bills that I might want to see, I can refer to my predecessor, Mumilaaq Qaqqaq, who developed a bill that I am looking over right now to see if I would want to introduce that as a private member's bill. However, I have to consider that with my party as well.

I have considered it. I have looked at Mumilaaq's bill that she developed before it died on the Order Paper.

On the second part of your question, I have not had any conversations with the Liberal government about what changes I might propose in regard to this confidence agreement that we have with the Liberals.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

Thank you for the exchange. I appreciated it.

[The Chair, Liberal, Bardish Chagger]

That was a very thorough exchange, Mr. Vis. Thank you for that.

Mr. Fergus, you have six minutes.

[Greg Fergus, Liberal, Hull—Aylmer, QC]

Thank you very much, Madam Chair.

Thank you, Ms. Idlout for your testimony, and also for your initiative.

I'm going to go back to a question that I asked of the commissioner for the Northwest Territories and also to the testimony that was provided to us from the CEO of Elections Canada.

Elections Canada seems to have a one-size-fits-all perspective. I always like to say that we're the sum of our experiences. Some people would say that we're the victims of our experiences.

It would appear that because we have two colonial official languages that exist across Canada, the effort is made to always provide, regardless of where you are in the country, fully accessible material in both languages. That's a good thing.

What I was hearing from our testimony in the first panel today, and I think what I'm hearing from you, especially in your conversation with Mr. Vis, is that you're looking for recognition and a respect to include indigenous languages on material, including the ballot, where it's appropriate. If you noticed, I didn't use the word “threshold”. I'm not looking to some...kick in a percentage and all of a sudden it's there, but where it's appropriate.

Is my understanding of what you're seeking correct? If not, please—

[Lori Idlout, NDP, Nunavut, NU]

Yes, I think so.

Part of the reason I became a parliamentarian was that I wanted to have influence, where I could be part of helping to protect and promote first nations', Métis' and Inuit's—Inuit specifically with me being an Inuk—place in Canada. There have been too many atrocities that we've all experienced, and there have been too many times where “reconciliation” is a buzzword. I wanted to be part of something where I helped to make sure that it's not just a buzzword and that we talk about actual reconciliation.

A part of reconciliation has to include finding ways to protect and promote indigenous languages in Canada. The elections process is one of those ways. It's not the only way by any means, but it has to be a way that we respect these indigenous rights that do exist. We're not just talking about exercises in democracy. We're also talking about the existence of the rights of first nations, Métis and Inuit. That's what I'm looking to ensure that we do as parliamentarians, to make sure we're helping to respect those rights and to make sure those rights are upheld.