Bill C-91 (Historical)

Indigenous Languages Act

An Act respecting Indigenous languages

This enactment provides, among other things, that
(a) the Government of Canada recognizes that the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 include rights related to Indigenous languages;
(b) the Minister of Canadian Heritage may enter into different types of agreements or arrangements in respect of Indigenous languages with Indigenous governments or other Indigenous governing bodies or Indigenous organizations, taking into account the unique circumstances and needs of Indigenous groups, communities and peoples; and
(c) federal institutions may cause documents to be translated into an Indigenous language or provide interpretation services to facilitate the use of an Indigenous language.
The enactment also establishes the Office of the Commissioner of Indigenous Languages and sets out its composition. The Office’s mandate and powers, duties and functions include
(a) supporting the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen Indigenous languages;
(b) promoting public awareness of, among other things, the richness and diversity of Indigenous languages;
(c) undertaking research or studies in respect of the provision of funding for the purposes of supporting Indigenous languages and in respect of the use of Indigenous languages in Canada;
(d) providing services, including mediation or other culturally appropriate services, to facilitate the resolution of disputes; and
(e) submitting to the Minister of Canadian Heritage an annual report on, among other things, the use and vitality of Indigenous languages in Canada and the adequacy of funding provided by the Government of Canada for initiatives related to Indigenous languages.

Indigenous Languages Act

[Jane Philpott, Independent, Markham—Stouffville, ON]

Mr. Speaker, I want to thank the member opposite for his concern for this issue. The simplest answer to his question would be to say that it is not up to me. The answer is, in fact, up to indigenous peoples, be they first nations, be they from the Métis nation, be they Inuit, to determine for themselves. That is, of course, the definition of self-determination, one of the most fundamental rights of indigenous peoples.

It may, in fact, be that different indigenous peoples may answer the question differently in terms of whether it is a geographic decision or whether there is a cultural or historic basis for the decision. It is very important that we in this place unleash the decision-making process and allow it to be free to be where it belongs, which is in the hands of first nations, Inuit and Métis peoples.

That is why I take so very seriously the concerns raised by people like Natan Obed, the president of the Inuit Tapiriit Kanatami, for whom I have the deepest respect. They say that we need to listen.

I have acknowledged that I will be supporting this bill, but I think there are pieces missing, and I think we have to listen to the requests. As much as possible, we have to work side by side, indeed be led by indigenous peoples, to know how we as settlers and as partners working together can support this critical right.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, of course the hon. member had the privilege, as a former minister with several portfolios, to travel to those communities. It is indeed a great privilege to go into those communities, hear those languages spoken and see the support for their children. Of course, they have to have go-betweens because there are whole generations that were robbed of their language and culture because of residential schools and the sixties scoop.

The member mentioned that she is going to support the bill, yet she has problems with it. My concern about that is whether there has been genuine consultation and accommodation for first nations if we say that it was all very interesting but we are going to pass the bill anyway and maybe, someday, somebody might table a new bill.

For several of the bills that have come through this place, I and some of my colleagues have taken time allotted out of our own budgets to translate them. I find it stunning that we are bringing forward an indigenous languages bill, yet the government of the day did not take the time to make that bill available in at least some of the indigenous languages. I wonder if the member agrees with me that we need to do more than from time to time have somebody stand up in this House and speak in an indigenous language because they happen to be indigenous or to be learning an indigenous language.

Is there more that this place needs to do to genuinely act on truth and reconciliation and the UNDRIP on languages and culture?

[Jane Philpott, Independent, Markham—Stouffville, ON]

Mr. Speaker, I commend the hon. member for her passion on this incredibly important issue.

The simple answer to her question is absolutely. Absolutely, there is more that we can and must do to continue to walk the talk, as it were, in terms of the promotion of indigenous languages.

I would acknowledge that we have come some distance. I was thrilled to hear during debate this morning that not only was the indigenous language of Cree spoken, but in fact, for the very first time, a question by one of my colleagues and the answer to that question were given in the Cree language. That is something to be celebrated, and we need to see more of that.

My colleague, the member for Vancouver Granville, speaks the language of Kwak'wala. I am not sure if I am saying that exactly right either. However, she talked about the fact that she might be able, in this House, to speak in her language, but we would need to provide interpretation.

I really like the member's idea about putting this bill in an indigenous language. It is not too late to do that. I would join others in this place in calling upon the Department of Indigenous Services to take the time to make sure they get it right, to work with first nations, Inuit and Métis to make sure this is ultimately, sooner rather than later, translated into at least a few of the languages it is seeking to preserve.

[Martin Shields, Conservative, Bow River, AB]

Mr. Speaker, I appreciated my colleague's speech and listening to her specific examples.

One of the things about being at the committee is that we had people from Michif come and talk with us at the committee. Their concern was that they were not consulted. We heard of others at the school level who were very concerned about the amount of consultation with people who are trying to support the languages. There was no consultation with the people who are actually working with indigenous languages and are providing those services. They are feeling that they were not consulted and that the money will not flow to them. They are very concerned about the bureaucracy at those levels.

I know you have alluded to it a bit in your speech. Maybe you could respond to that concern.

[The Assistant Deputy Speaker, Anthony Rota]

I would like to remind hon. members to refer their questions and comments through the Speaker and not directly to each other.

[Jane Philpott, Independent, Markham—Stouffville, ON]

Mr. Speaker, his question raises a fundamental and important issue that members of the House need to consider.

In the development of legislation, particularly legislation that is entirely devoted to an issue that affects indigenous peoples, we need to find a way as legislators to ensure it meets the expectations of indigenous peoples, that it recognizes the rights of indigenous peoples and that it is inspired and led as much as possible by indigenous peoples.

There has been progress over the last number of years. I have heard some people talk about the fact that there was not adequate co-development on this bill and that some bills had done better than others. We can do much better yet. It is not possible to consult all 1.7 million indigenous peoples in the country on all legislation that comes forward, but we can find better mechanisms to reach communities so we do not hear in committee in years to come that people felt they did not have an opportunity to provide input on it.

I challenge all members, especially as we look to the fact that there will be a new Parliament after October or November, and those who may have the privilege to sit in this place in years to come to work together in a co-operative, non-partisan way to really study what co-development legislation looks like. How can we address the importance of ensuring people have the opportunity to contribute so they will come to committee and tell us they have a way to contribute. That is our responsibility.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker,

This bill provides hope for many of my constituents. For me, it is about reconciliation.

I represent a riding in the north end of Winnipeg where we have well over 15,000 people of indigenous heritage. Often the languages we hear, which would be better spoken if they were more a part of our communities and spoken within families, would include Ojibwe and Anishinabe, which is what I attempted to do by speaking a few words in Cree.

It has been an absolute privilege to be on the government benches for many different reasons. One that has had a positive impact is something the Prime Minister often talks about, which is establishing that relationship with indigenous people in Canada and looking at what we can do to advance reconciliation. In good part, Bill C-91 is all about that.

The legislation before us today deals with languages. We have legislation that deals with foster care, which is a huge issue. In the riding of Winnipeg North alone, 2,000 or 3,000 children are in foster care, 90% of whom are indigenous.

This legislation is indeed historic. I have had the opportunity to stand in my place and talk about the Truth and Reconciliation Commission and the many different calls tor action. Of the 94 calls to action, Bill C-91 deals with three of those calls, calls to action 13, 14 and 15. That is one of the reasons why I am a little surprised. I would have thought that members of all political parties and the independents would be supportive of the legislation. It responds specifically to those calls. No one in government is saying that this is the perfect legislation. We always have ways of looking at making some changes in the future. We have seen some significant changes made at committee. Opposition party amendments were accepted at committee.

The legislation before us today responds to three calls to action. If we really want to get behind and support reconciliation, we need to evaluate how we might vote on this. The comments of the members of the NDP at the third reading stage today have been in opposition, with some declaring they will vote against the legislation. If there is a New Democratic member in the House who disagrees with what I have said, that member should stand and justify why he or she will not support Bill C-91 or is prepared to vote in favour of it.

Opposition members try to imply there is no money tied to this and that is just wrong. Let us look at clauses 8 and 9 and other aspects of the legislation. Money will flow as a direct result of it. There is the creation of a language commissioner to work at advocating, facilitating and ensuring we continue to move forward on this critically important issue, an issue I believe in my core that all members support. The comments of members tend to support the need to recognize the true value of indigenous languages and how the enhancement of those languages will be to the betterment of not only indigenous communities but of Canada's society as a whole.

For this reason, I would encourage all members to think about this as being a historical moment for the House. The acceptance of the legislation beyond the House is great and even overwhelmingly positive. For indigenous groups and individuals and non-indigenous people whom I have had the opportunity to talk about the legislation, it has been long overdue.

The legislation would ensure that many important languages do not disappear. I highlighted three languages that are fairly prominent within the riding I represent: Ojibwe, Anishinaabe and Cree. There are many others within Winnipeg North that may not be as commonly spoken but are equally important with respect to recognizing the potential in those languages.

Within this legislation, we allow for agreements to be reached where funding would flow. Other comments from the NDP, which appears to not want to see the bill pass, deal with the sixties scoop. If members read the legislation, the sixties scoop is incorporated into it. As a society, we need to recognize the harm caused by the settlers who came to what we know as Canada today. Many mistakes were made.

I believe the general feeling from the population as a whole is that we get behind the issue of reconciliation. Senator Murray Sinclair is the author of the Truth and Reconciliation Commission of Canada and the calls for action. He demonstrated incredible leadership, which has allowed the national government, provincial governments, municipal governments and the different stakeholders to recognize the importance of indigenous people and what we can do collectively to ensure we continue to move forward. By supporting Bill C-91, we are making a tangible commitment to moving forward on this issue.

For this reason, I encourage members on all sides of this House, in particular my friends in the New Democratic Party, to reconsider their comments this afternoon and look at making it very clear that they do, in fact, support Bill C-91, because if we listen to what they were saying this afternoon, it is obvious that they do not support it, which I believe to be a mistake. I believe that, as the previous speaker indicated, this should be an apolitical piece of legislation. It does not have to be partisan. Members of all political parties and independents can get behind it.

When the minister introduced the bill, and when it went through second reading and the committee stage, there was a great deal of interest, and the government consistently indicated that it was open to ideas and ways in which the bill could be modified. As I indicated, a number of changes that were proposed were accepted, not just from government members but also from opposition members.

The speaker prior to me mentioned the word kintohpatatin, which implies the importance of listening. In representing Winnipeg North, I believe that I have listened to my constituents with respect to the issues surrounding Bill C-91. I believe that the Prime Minister has been listening, has understood, and has been working diligently with cabinet, the caucus, and I would go further by saying all parliamentarians on this very important issue.

This is, in good part, about reconciliation, which is why it is so important that we send a strong message by talking positively about the legislation and supporting it. It does not mean that we cannot talk about ideas or thoughts we might have to improve upon it in the future. It should go without saying that any legislation brought into the House of Commons always has the potential to be improved upon. There are 90-plus pieces of legislation coming through the House. Some of them, such as this one, are really good and all parties should get behind them. This bill might not necessarily be perfect in the way each individual would like to see it, but that does not mean that one has to vote against it. We must look at the principles at hand and what is behind the legislation.

This is more than just talk or propaganda. This is real. Hundreds of millions of dollars would flow as a direct result of this legislation. Indigenous languages in Canada would be better preserved, and in some cases saved, because of this legislation. At least three calls to action would be answered by this legislation. The overwhelming majority of indigenous people, from what I understand, are behind Bill C-91.

There will always be some who will say that we could do more or that we could do this or that. I do not question that, but at the stage we are at today, this is good, solid legislation that would have a positive impact in every region of our country. It is good in terms of reconciliation and so many other things.

I would challenge my colleagues across the way to recognize the true value and meaning of this legislation, get behind it, and vote for it.

[Jody Wilson-Raybould, Independent, Vancouver Granville, BC]

Mr. Speaker, as a proud indigenous person from the Musgamagw Tsawataineuk and Laich-Kwil-Tach people of northern Vancouver Island who has an understanding of her own language, Kwak'wala, I understand the importance of maintaining indigenous languages and ensuring that they last into the future.

I listened to the hon. member's comments, and I think about the lost opportunity that we have to create the space and create the foundation for transformative change in indigenous communities.

Many people and many members in the House have talked about the United Nations Declaration on the Rights of Indigenous Peoples, which is in the preamble of the bill and which speaks to the minimum standards for the survival, dignity and well-being of indigenous peoples, including languages, which, as an indigenous person, I know are central to our well-being.

Would the member agree that it would be more important to put the minimum standards of the United Nations Declaration on the Rights of Indigenous Peoples into the body of the legislation, thereby creating the space for rights recognition and ensuring the longevity and sustainability of indigenous languages?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I recognize the member's language, Kwak'wala, as being the language of a good number of indigenous people. I also recognize how important it is that government continue to move forward.

Before this legislation existed, there was nothing. In just over three years of governing, we have brought forward legislation that will have a significant impact.

I have had the opportunity to work with individuals in my community. I often make reference to Sharon Redsky, Cindy Woodhouse, Amy Chartrand and many other members of indigenous communities. I suspect that if I were to canvass them today, they would tell me that it is really important that we pass this legislation. Not only should we pass this legislation, but we should not forget about it. Maybe we should look at ways to continue it going forward.

I am going to quote from Bill C-91, page 5: “contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to Indigenous languages.” That is actually within the legislation.

The bill might not be perfect, but at the end of the day I would like to see it pass, and I believe this is something Canadians as a whole would like to see. Let us talk about the future.

[Shannon Stubbs, Conservative, Lakeland, AB]

Mr. Speaker, we do need to have a conversation about the future and the logistics and the practicalities of delivering on the aspirations of this legislation, which may be in part what my colleague from Vancouver Granville recognizes.

We support this legislation. As Conservatives, we support the aspirations and the ambition around this legislation. We recognize the foundational importance of languages and the importance of passing on cultural traditions, values and faith through families.

Part of the issue is that the introduction of this legislation was delayed for so many years after the promise was first made by the current Prime Minister, and a bunch of amendments have just been made. Now he is talking about consulting on the logistics and the details in the future, after third reading of the bill in the House of Commons.

I hope the member can shed some light on exactly the concrete plan for delivering on the aspirations of this legislation that all of us support.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, as we move forward, the government hopes that the bill will pass through the House and get the support of the Senate. The monies, and we are talking about significant amounts, millions of dollars, are already allocated in the budget. The government is prepared to invest in this legislation right away.

The Conservative Party, here in the House, is supporting the legislation. One of the reasons I was hopeful that all members of the House would get behind the legislation is that it would send a very strong message to the Senate, to our senators. We want the Senate of Canada to realize that it is the desire of the elected House of Commons to see this legislation pass. This is a piece of legislation that we do not want delayed.

If we listen to the possibilities of changes, let us consider this. We received a bit of criticism, asking why it took us so long. There has been a great deal of consultation, and a great deal of work has gone into this. There have probably been thousands of individuals involved in getting us to where we are today.

Out of respect for everything that has been done to date, I think it is time that we stopped talking about it. Let us get the legislation not only passed in the House but passed in the Senate. The Senate should realize that Conservatives, Liberals and others want this legislation passed as soon as possible, as it is.

[Kent Hehr, Liberal, Calgary Centre, AB]

Mr. Speaker, I am from Calgary Centre, the traditional home of the Treaty 7 people, including the Blackfoot, Stoney-Nakoda and Tsuut'ina people. I talk to people from that region, and they know how important this bill is, not only for preserving the indigenous languages, but also for passing on that education component to the youth so that they can continue to strive and thrive, and have that sense of culture.

I would like to applaud the member for his speech, particularly for recognizing many of the good works the government has done, including investments in education, reversing boil water advisories, embracing Jordan's principle to ensure that services are available for first nations children at the same standard as they would be otherwise, and continuing to revamp our foster care system to embrace a more indigenous approach with families.

I was really struck by how the member connected the work we are doing on the 94 principles of the Truth and Reconciliation Commission. We adopted this work in the last campaign, and we are making progress. I would like to hear more from the member about how this connects to the work we are doing, and how it is fundamental to really seeing a nation-to-nation relationship with our indigenous peoples.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, as the member knows, whether in the Prairies or any other region of our country, indigenous issues are of the utmost importance. I know my colleague and friend gives a great deal of attention to this issue. I truly respect that.

The member points out what I would like to highlight as a very important issue. We can demonstrate, at the national level, implementing the calls to action where we can, but when we talk about the 94 calls, it is not just the national government that has a role to play. There are other levels of government, other groups, and indigenous leaders themselves who all have a role to play in the issue of reconciliation and the calls to action.

As an example, I appreciate some of the fine work that my local school division, the Seven Oaks School Division, is doing in Amber Trails, one of the schools promoting indigenous language. These are the types of initiatives that can really make a difference.

Our role here in Ottawa is to be able to lead and demonstrate leadership on the issue of reconciliation. That is something the government has taken very seriously since day one. Bill C-91 is an excellent example of that.

I have had the opportunity to speak on our foster care legislation, which is another excellent piece of legislation. We had a private member's bill, Bill C-262, another excellent piece of legislation. We have seen strong leadership coming from the House of Commons, and we need to be able to see that sense of co-operation and leadership being applied in all the different areas of Canadian society.

[Martin Shields, Conservative, Bow River, AB]

Mr. Speaker, I would like to share my time with my hon. colleague from Lakeland.

It has been a very interesting morning listening to the speeches, and I am happy to rise to discuss Bill C-91, an act respecting indigenous languages. I have had the opportunity to study the bill as a member of the heritage committee. I participated for many hours on that committee. I learned a lot from witnesses, and we heard some very thoughtful, insightful commentary on the bill's successes. We also heard about some possible shortcomings. I appreciate my colleague across the way referring to having the opportunity to speak to some of those challenges.

Before I do that, I need to talk about a play put on by the Siksika at Strathmore High School called New Blood Dance Show, a story of reconciliation. This is a phenomenal production that relates specifically to this topic.

It was in 2014 that the director of this play was inspired when she went camping with her sister at Writing-on-Stone Provincial Park. While she was there, she saw writings that are sacred to the Blackfoot people. They are recordings of their stories. She was sad to learn that when the Blackfoot people were moved onto the reservation in the late 1800s, they were not allowed to visit their writings and learn of their heritage. For 70 years, three generations were unable to learn their stories, and the translations were lost. The show is about learning these stories.

The director met with the chief of the Siksika at the time, Chief Vincent Old Woman, and he told her many stories about going to a residential school, the loss of language and the loss of heritage. From visiting those writings, she developed a play called New Blood. This is a phenomenal play put on by high school students, the majority of them Siksika. The play has been performed many times in southern Alberta and in British Columbia.

What they would really like to do, though, is come to Ottawa to put on that play. It is a play people need to see, and hopefully, if they keep applying for grants, they will be able to achieve that goal. I hope people here are able to see that production.

I believe that there has been some discussion about the rushed nature of this piece of legislation. The Liberals brought this forward at the end of three and half years, although they said years earlier that this was a critically important piece of legislation. Not only did they rush it to the point of just getting it through to start the process in the House, we were asked to do a pre-study before it was sent to committee.

We met daily, sometimes for many hours. The rushed nature of this legislation is probably the reason for the amendments and the ongoing challenges. It was problematic in the sense that members on the committee identified specific words that were going to create problems. When I first suggested that some of these words would be problematic, there were snickers on the other side.

When constitutional lawyers showed up as witnesses and started pointing out these same words as problematic, saying that this could end up in court, it became much more interesting to see the reaction. What was then problematic was that just minutes before we started clause-by-clause, the Liberals dropped many amendments on the table that were the exact concerns I had brought up. When I brought them up, they were snickered at, but when a constitutional lawyer brought them up, the Liberals paid attention, because they could see that this could cause problems and be tied up in court.

The Liberals referred to many amendments by the opposition being accepted. They were not our amendments. I do not remember, sitting on that committee hour after hour going through clause-by-clause, the amendments from the opposition being accepted. It has been said many times that they were accepted by the opposition. I do not remember that happening.

The Liberals have a piece of legislation, which we agree with and support, but we do not agree with the rushed nature of it. They talked about the extensive consultations they had. When we asked questions about the consultations, first they talked about doing them for six months. Then they said there was a three-month window. When it came down to it, they did consultations for just weeks. In committee, they said that it was down to weeks.

When we thought of the 600 different indigenous groups and sub-groups, such as the Métis and all the varieties of people out there, we began to understand that this consultation process was flawed. When we started to hear from witnesses that they had missed critical groups of people to talk to, we began to understand why the legislation was flawed. We began to understand why the legislation has problems and why witnesses were saying that the Liberals missed the mark.

We agree to support the legislation. The government said two years or three years ago that it was going to do it, but it should have started sooner and developed legislation that could have circumvented some of those flaws. Witnesses appeared who said that the bill had nothing to do with the Inuit. They were left out and not consulted. There are constitutional lawyers who are still concerned that the language, even as amended, could become tied up in court. That is the wrong place for legislation to go. If the government wants to get something done, it has to make the legislation better before it is passed. Although we agree with having it, the process left a lot to be desired.

I think of the people I have met from the Siksika Nation, the people who work in the education system. I see the immersion programs starting in Siksika. When I visit the schools or speak at their graduations, I hear how important their language is, but I hear that they are concerned that those who are younger than the elders but older than the youth are going to miss out. Immersion programs are starting in schools, but when the students go home, who are they going to speak to, because their parents do not know the language? The educators view this as a huge problem. They were never consulted on how to deal with that.

The school systems working with this are dedicated. They want it to work. Those school systems for Michif believe that the money is headed into bureaucracies. They believe it will not come down to where it is needed at the grassroots level. They do not believe that they were recognized as key components of this particular legislation. I agree with that. From my education background, I know of many types of government legislation that has been announced that at the school level has trickled down as pennies. The dollars went into bureaucracy.

Witnesses said that they believe that the money will go into national organizations. They do not believe that it will reach the schools, where it should be, because they were not consulted. There are many instances of people talking about languages disappearing or being at risk. If this money disappears into bureaucracy, it will not save those languages. That was a concern of the witnesses.

We will support this. However, we believe it was too rushed. There are challenges with it, and we wonder if it will get where it needs to.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, when I was on the opposition benches, which was not that long ago, the Stephen Harper government would have legislation moving through committees. I do not recall ever seeing an opposition amendment passed by the government of the day. In the four years of his majority government, I never saw it.

The member talked about not listening or acting. The government has clearly indicated that where we can improve the legislation, we are open to it.

Let us look at clause 18, which I will use as an example. It says, “The Commissioner and directors are to be appointed to hold office on a full-time basis.” That is what the legislation says today at third reading. That is not what it said at second reading. It was amended. This was an opposition amendment. It was an NDP amendment.

This government listened, whether to individuals outside the House or inside it. Even opposition members were listened to.

This is good, solid legislation. Why can we not agree and just let it go through? It is good, and I believe that a vast majority of our constituents would get behind it.