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

[Larry Miller, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, I thank my friend and colleague from Kamloops—Thompson—Cariboo for acknowledging that the Conservative Party will be supporting this bill at second reading.

The member thinks along the same lines I do, in that we find it very troubling that the Prime Minister pretends. I use that word because he talks the talk, but does not walk the walk. What happened to the now Minister of Veterans Affairs, the former attorney general, is obviously not something a true feminist would do to a female minister. The other troubling aspect is that he has said he supports native rights, native culture and so on, but his actions all speak contrary to that.

If the member could respond to that, I would appreciate it.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, I thank my colleague from Bruce—Grey—Owen Sound for his comments and we will miss him in the next Parliament for sure due to his recently announced retirement.

I noted in my speech the number of promises the government made and has not followed through on. They are innumerable. The Prime Minister has a good bedside manner. Going back to my health care analogy, he says what people want to hear, but he is sure not the guy one wants doing one's surgery, because we see that his ability to execute the things he has committed to executing is very minimal and restrained.

[Gary Anandasangaree, Parliamentary Secretary to the Minister of Canadian Heritage and Multiculturalism (Multiculturalism), Lib.]

Mr. Speaker, I want to clarify the purpose of the act. It is very clear under paragraph 5(g), which says that one of the objectives of the act is to “advance the achievement of the objectives of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to Indigenous languages.” In the preamble, there are a number of references to UNDRIP, so I am a little perplexed as to her previous comments, when she questioned inconsistent views.

It is very clear that this bill, in part, is a response to UNDRIP, as well as to the Truth and Reconciliation Commission calls to action 13, 14 and 15, along with a number of other national and international mechanisms that have called for the protection, preservation and revitalization of indigenous languages.

I wonder if my friend could comment on that.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, we note that there are articles in the UN declaration and calls to action from the Truth and Reconciliation Commission that have guided the development of this legislation. My colleague from Abitibi—Baie-James—Nunavik—Eeyou is probably going to talk very articulately in his speech about how he believes the UN declaration is not properly incorporated in this bill. He is an expert in that area, and I expect to hear a fulsome response from him.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, my friend and colleague started to talk about something that is becoming a disturbing pattern with the current government, which is that although the Liberals start out with good intentions, especially on the indigenous file, the execution and delivery of many things is not happening.

This includes the effort to eradicate the boil water advisories; we still have 60 or 70 in existence. The missing and murdered aboriginal women and girls inquiry has spent nearly $100 million now and is still nowhere in terms of action.

Very disturbingly, we then see from The Globe and Mail today that it appears the PMO tried to influence the former justice minister to interfere in a judicial process. I respect the justice minister for not doing that, but then we see her move to Veterans Affairs and we wonder.

It all looks like the government says a lot, but what it does is actually not right. I wonder if the member could comment.

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

Mr. Speaker, we have a Prime Minister who is the first-ever prime minister to be found guilty of ethical violations by the Ethics Commissioner, and we now see a continuing pattern of ethical violation after ethical violation. This is just another example. The Liberals should be ashamed.

The House resumed consideration of the motion that Bill C-91, An Act respecting Indigenous languages, be read the second time and referred to a committee.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

[Member spoke in Cree, interpreted as follows:]

Mr. Speaker, I am very happy to be able to speak Cree in this House and to be given that privilege. It makes me really proud to speak my own language in the House, and I thank everyone for this opportunity.

Before I speak to Bill C-91, I would like to begin by offering thanks to my parents. I would like to thank my mom for teaching me how to speak Cree. I would also like to thank the people of Waswanipi, who helped me to make it here and speak my language. I am really thankful to the people of Waswanipi.

I also want to thank all the Crees across the Cree nation, as well as all aboriginal people across Canada. They also helped me make it here so I could speak about the things we have gone through in the past and will be facing in the future. I would like to thank all the people who have stood by me so I could be given the privilege to speak my language. I always think about the people who came before me and have passed on. I always remember them.

Members know a lot of us speak our indigenous language, and it is something that helps us in our lives. In things one thinks about and goes through, one's own language is something that helps. When I first came here eight years ago, I asked if I could speak my native language to ask questions or when I rose to speak to bills. It is something I asked for, and I was told that I could only speak English. That was all I was told.

I felt really sad when that happened, but I did not let it go. I kept asking to speak my language, and now I am able to speak my own language in the House, and everyone can hear me speak it. It really touches my heart to be able to speak my language in front of everyone, and I want to thank all members for helping me achieve this.

Regarding Bill C-91, there are things I agree with, but there are also things that have not been included. I will speak about those today. I will stand by all members in order to make this bill pass, but if we want things to go well, we are going to have to do it the right way. We are going to have to try to bring in the things that have not been included in this bill. These things are needed to make it right, and this is what I am going to try to do before the bill is passed. This is what I am going to ask. I am going to help.

I remember when the Prime Minister spoke to us about a year ago. He spoke to us for a while, and I stood to answer, and when I was done speaking, I went up and spoke with him. I thanked him. I even told him I could help him if he needed help. I would allow myself to, with all of us working together, when it involved indigenous rights across Canada or our people who are still struggling.

I remember when he spoke to the chiefs in Gatineau and talked about the bill. It has almost been three years since he spoke about it. I remember when he brought it up. Everyone stood up and thanked the Prime Minister. When I saw that happening, I stood too. I was really happy when he brought that news to the chiefs. I was happy when he said that the bill would be written, that we would try to speak our indigenous languages. I was really happy, but I was not sure if he understood what was going on when everyone got up, that he had made everyone proud. I do not know if he understood that part.

[English]

Those were some words in Cree as an introduction to my speech. I will come back to Cree in my concluding remarks, but I see that the time is moving fast.

The vast majority of indigenous languages in this country are endangered, and there is a critical need to address that challenge. There is an urgent need at this moment, as we speak, to address that challenge. Our languages are important. If the legislation fails to reflect the intent of the bill, we are not doing our indigenous brothers and sisters in this country any favours.

It is important for the future of indigenous languages. As I said in Cree, I was there when the Prime Minister, almost three years ago, made the announcement and promised legislation. I feel it has arrived here almost too late.

I remember, after 30 years of attending Assembly of First Nations meetings, that I had never seen a standing ovation like the one I saw. Never. As I was watching from the back, I stood up too. I said to myself that I hoped the Prime Minister understood what was going on. I hoped the Prime Minister got the cue.

We know that communities such as the Inuit expected the bill to reflect their needs and submissions and to respect what they call co-development. What I understand of the situation right now is that co-development does not mean co-drafting. There seems to be a major distinction.

The government had expert advice from language experts who made recommendations. I personally know some of them who made submissions to the government.

The creation of the indigenous languages commissioner is not as good as it sounds. Having a national commissioner fulfills TRC call to action 15 on paper, but we also must address call to action 14.

Let me read call to action 14. It states:

We call upon the federal government to enact an Aboriginal Languages Act that incorporates the following principles:

i. Aboriginal languages are a fundamental and valued element of Canadian culture and society....

ii. Aboriginal language rights are reinforced by the Treaties.

iii. The federal government has a responsibility to provide sufficient funds for Aboriginal-language revitalization and preservation.

iv. The preservation, revitalization, and strengthening of Aboriginal languages and cultures are best managed by Aboriginal people and communities.

v. Funding for Aboriginal language initiatives must reflect the diversity of Aboriginal languages.

I would add urgency, because that is where we are today, given the situation.

As the minister proudly quoted, the Assembly of First Nations praised this legislation, saying it had been co-developed with it, and that parliamentarians must support the bill. Yes, I think we will all support it at second reading.

The Inuit organization ITK said that there should be Inuit-specific legislation. It said that the proposed indigenous languages commissioner would be “little more than a substitute for the Aboriginal Languages Initiative Program”.

I have heard from many indigenous leaders throughout the country on this proposed legislation over the years. We have been talking about it for a long time.

The bill fails to define aboriginal languages. We have two official languages in this place and in this country. They are called “official”. Should indigenous languages be considered official languages in this country? That is one option. I admit there are pros and cons. Should indigenous languages be given special status, given their historical value? That is another option.

I also want to raise the point that while the bill recognizes that the right to indigenous languages stems from section 35 as the basis of that recognition, it fails to mention articles 11 to 16 of the UN Declaration on the Rights of Indigenous Peoples. We know that the concept of aboriginal rights is vague and general. However, we have a precise document in the UN Declaration on the Rights of Indigenous Peoples.

Let me read article 13, which states:

1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions....

2. States shall take effective measures to ensure that this right is protected....

It is a clear concept. On one hand, we have in clause 6 of the proposed legislation recognition that this right exists, but one might certainly ask if the bill protects those rights. That is a fair question.

I see that my colleague from Rouge River is nodding with approval.

I know my time is limited, but I want to mention a few things I would have liked to see in the bill. First, there is a glaring omission in the preamble. The preamble paragraphs are clear and strong, but the ninth paragraph says this:

Whereas a history of discriminatory government policies and practices, in respect of, among other things, assimilation, forced relocation and residential schools, were detrimental to Indigenous languages and contributed significantly to the erosion of those languages;

What is glaring is that it forgets the sixties scoop survivors. I have many sixties scoop friends, and none of them speak their languages. I know a lot of Indian residential school survivors like me—I attended for 10 years—still speak their languages. However, the sixties scoop survivors had less of a chance.

Second, my friend referred to subclause 5(g):

advance the achievement of the objectives of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to Indigenous languages.

Advancing does not mean implementing. It is a very subtle distinction.

Third, the bill should have included the UN Declaration on the Rights of Indigenous Peoples in clause 6.

There are many other omissions, but my time is running out.

[Member spoke in Cree, interpreted as follows:]

Mr. Speaker, I would like to thank you for allowing me to speak my Indigenous language again. I would like to ask my friends if they have any questions.

[English]

[Gary Anandasangaree, Parliamentary Secretary to the Minister of Canadian Heritage and Multiculturalism (Multiculturalism), Lib.]

Mr. Speaker, I would like to thank my good friend for his speech. I know how special it is for him to be able to speak in Cree and also how important this legislation is for him personally.

I have noted the concerns he has outlined. However, I have to counter with respect to the provisions on UNDRIP. I believe that both clause 5 and the preamble clearly set out the commitment and the foundation of the bill, which is built on the UN Declaration on the Rights of Indigenous Peoples. I am quite confident that it will withstand that type of scrutiny. I invite my friend to look at that.

The member mentioned that the timing can be quite difficult in the sense that it may be too late, but I can assure him that the timing is still in our favour. However, it requires the co-operation and support of the NDP. I want to ask the member if he would be willing to support the bill going to committee right away so that the important issues he highlighted here could be addressed through the committee process and brought back at third reading.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, the member's question is an important one.

[Member spoke in Cree, interpreted as follows:]

I would like to let the member know that before we send it, we should all sit down and look at it. It could help to make the bill stronger. What the member just told us, I understand that it is written.

[ English]

The UN Declaration on the Rights of Indigenous Peoples does make reference to it in the preamble and also under subclause 5(g). Let me read 5(g) for the House, “advance the achievement of the objectives of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to Indigenous languages.”

First, and as I said, advancing the achievement with the objectives is very different from fully implementing the UN Declaration on the Rights of Indigenous Peoples.

Second, clause 6 is important. According to how I interpret the bill, clause 6 is the founding principle of Bill C-91 and the founding principle is based only on section 35 of the Constitution of Canada, 1982.

The fact is that you promised indigenous peoples in the country that the new relationship, which you talked a lot about but did nothing, would be based on the UN Declaration on the Rights of Indigenous Peoples. That principle should have been added under clause 6 and it is not there, and that disappoints me.

[The Assistant Deputy Speaker, Liberal, Anthony Rota]

I want to remind hon. members to speak through the Speaker and not directly across, speaking in the third person.

The hon. member for Louis-Saint-Laurent.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, it was a distinct pleasure to listen to the speech by the member for Abitibi—Baie-James—Nunavik—Eeyou.

I would like to thank the interpreters, who made it possible for us to understand the comments made by the member in his mother tongue, Cree.

This shows that these languages must be preserved. As my colleague from Kamloops—Thompson—Cariboo said earlier, we will be supporting the bill.

The member laid bare his community's deep disappointment with the current situation considering their high expectations after hearing the government's proposals three years ago.

That is especially evident today with the Globe and Mail's revelation that the first indigenous woman to hold the position of Minister of Justice was pushed aside as a result of pressure from the Prime Minister's Office.

I would like to know how the member, who has represented his community with honour and dignity for many years, reacted this morning when he read the terrible news in the Globe and Mail.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, first off, I want to thank my friend from Louis-Saint-Laurent for his kind words.

My reaction was swift, because I have been watching the government for almost four years now.

There is a marked difference between what the Liberals do and what they say.

No need to take my word for it. I am reminded of the Canadian Human Rights Tribunal's third compliance order regarding discrimination against indigenous children. I read paragraph 64, and I remember all too well what it said.

According to the tribunal, the government and the ministers say one thing, but the departments continue to do the exact opposite.

That is what has been happening for years. Yes, there has been some movement here and there, but generally speaking, things are still virtually unchanged. That is my opinion.

I myself visit the communities. I live in the communities. The government claims that no relationship is more important to it than the relationship with indigenous peoples. That seems to be its favourite phrase. Seeing this morning's news, it seemed to me that, in fact, no relationship is more important to it than the relationship with big corporations like SNC-Lavalin.

[Gord Johns, NDP, Courtenay—Alberni, BC]

Mr. Speaker, first, I would like to thank my friend and colleague from Abitibi—Baie-James—Nunavik—Eeyou for his advocacy and work.

While I am hear and have the opportunity, I have been asked by the Nuu-chah-nulth people to take every opportunity to thank the member for standing and defending indigenous rights that are protected under the Constitution and for standing in solidarity with the Nuu-chah-nulth people. I say klecko in their language and meegwetch in his language.

The member talked about the sense of urgency. Les Dorion, president of the Ucluelet First Nation, spoke about there being 15 native speakers of the Barkley dialect of the Nuu-chah-nulth language in 2015. Today there is only nine.

We are losing speakers of our important languages. The Province of British Columbia was waiting for the federal government to move forward with legislation and money to understand the sense of urgency to protect languages. It could not wait any longer and has invested $50 million to get things started, which is far from enough.

I would like to ask my friend and colleague if he could speak about the sense of urgency on getting money rolling to help support our elders and youth to learn and protect languages.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, my friend's question is a fundamental one and a central one.

The money that goes with this bill needs to take into account the diversity and especially the sense of urgency, as I have mentioned.

Once again, when I asked the minister about that, he pronounced the magic words, buying time policy words, “We will consult; we will consult and we will consult again.” There is an urgency. There is a budget coming down pretty soon. Why are there no provisions in either the bill or in the speech given by the minister? That is pretty concerning for many people.

Many people expected a lot of things from the government with respect to the legislation and we did not get those important questions answered today.