Indigenous Languages Act

An Act respecting Indigenous languages

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Pablo Rodriguez  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 2, 2019 Passed Concurrence at report stage of Bill C-91, An Act respecting Indigenous languages
Feb. 20, 2019 Passed 2nd reading of Bill C-91, An Act respecting Indigenous languages
Feb. 20, 2019 Passed Time allocation for Bill C-91, An Act respecting Indigenous languages

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:15 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, based on my colleague's experience, it is very important to recognize the fact that first nations are so important for our country and how sensitive it is to work with the first nations people.

As the member mentioned, something very special happened here in the House of Commons a few years ago. On June 8, 2011, for the first time in Canadian history, a first nations chief was able to address the House in response to the apology made by the prime minister at the time, the Right Hon. Stephen Harper.

From my colleague's personal experience, what impact did that apology have on first nations?

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:15 p.m.


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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, the residential schools apology, which all parties in this House welcomed, was an absolute historic day in the House and in Canada. Out of that, we have the calls to action, many of which are significant. All Canadians need to look at the apology and reflect on the legacy of the schools.

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:20 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, this legislation encourages us to recognize the importance of language. Over the last few years, we have consistently talked about reconciliation. There are 94 recommendations or calls to action by the Truth and Reconciliation Commission, and this is one of those calls to action, just like the foster care legislation, of which I am a very strong supporter, and Bill C-262. There are many calls to action by parliamentarians and it goes far beyond that. We all have a role to play when it comes to reconciliation. Whether it is someone walking down Selkirk Avenue or living in Amber Trails, someone sitting in this chamber, or leaders of indigenous communities and leaders outside of indigenous communities, we all have a role to play, and this piece of legislation is important for many different reasons.

I wonder if my colleague could provide her thoughts on the importance of this being part of the 94 calls to action in the reconciliation.

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:20 p.m.


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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, we have 94 calls to action. We believe that many are very significant and important. When the current government, or the leader of the third party at that time, stood up in the House and symbolically adopted all 94, without any analysis of them, that created some concern. However, there are many recommendations we have supported in this House. Of course, there are a couple that we think need more analysis or conversations.

In my speech, I talked about the provinces and how there are times when we cannot leave them out of the conversation. We cannot leave third parties out of the conversation. Therefore, I think there is work to be done, and it is work that is getting done.

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:20 p.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, I want to give my hon. colleague an opportunity to say a few words on the government's characterization that we did okay because we passed some amendments. For some of us, some of the amendments that were not passed were extremely important and would have really improved the bill, including making the indigenous commissioner an indigenous person, making sure the UN Declaration on the Rights of Indigenous Peoples is actually in the text of the bill so it is binding, and being able to refer to the sixties scoop as a detrimental policy for indigenous people. Those were voted down.

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:20 p.m.


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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, apart from the 23 amendments, there were many other amendments proposed, some by the Conservatives and some by the NDP, that were rejected. I probably need to go back to my first comment, that this is a step in the pursuit of perfection that impedes improvement. I think we need to get to the next step. It will be something that continues to evolve over time.

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:20 p.m.


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NDP

Georgina Jolibois NDP Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, I want to begin by recognizing my community for the support they gave me, my parents, my siblings and my cousins, Dean, Debra, Desi and Dallas. I especially want to recognize my late cousin, Danielle Herman, also known as Superstar.

I rise today in a somewhat surprised and spontaneous way to speak once again to Bill C-91, an act respecting the languages of first nations, Métis and Inuit people. As a Dene language speaker and someone who grew up on a trapline, speaking Dene and learning from the land, I know how important this legislation is and how important it is to get it right.

Let me begin by saying that I only found out about 15 hours ago that this bill would be debated this morning. I only found out last night that we would be doing third reading of this bill, well outside the 48-hour time frame that it would take to get a Dene interpreter into the House so that I could speak my language.

When I am speaking with constituents back home, I try as often as I can to speak our language, because it is as much an act of resistance as it is of community. When we speak our language, we share our experience, our histories and our stories. When we speak our language, whether it is Dene or Cree or Michif, we remind ourselves that we survived residential schools and that we keep speaking, even though Canada did not want us to.

To speak here today in a language that I learned for the benefit of others, without enough opportunity to get an interpreter so that a large portion of my constituents can follow a debate on a bill that directly affects the future of their own language, to speak without interpretation is incredibly disappointing and is evidence that, once again, first nations people are expected to do business only on the terms of their colonizers. The government describes this bill as an act of reconciliation, but the actions that go on behind the scenes are the farthest thing from reconciliation.

Throughout the first two readings of this bill and the long committee meetings, I and my fellow members of Parliament repeatedly heard two things about this bill. First, we heard that the bill is not perfect. The Minister of Heritage told us this. The leaders of indigenous organizations told us this. ITK repeatedly said that this bill is not good enough for the unique needs of the Inuit. Language speakers and educators told us that they do not understand what this bill would mean for them. Rather than offering a meaningful response to the very real objections that indigenous language advocates and the NDP put forward, the government has consistently given the second response we heard repeatedly. The answer has been that despite its imperfections, Bill C-91 is an important first step toward the much bigger project that is the protection and restoration of indigenous languages.

We have been told that it is crucial for the government to fulfill the Truth and Reconciliation Commission's calls to action 13, 14 and 15. We have been told that while the government acknowledges there is much more work that needs to be done, this bill points the government in the right direction.

Let me be clear. We cannot claim victory for only taking the first steps toward good legislation on indigenous languages, just as we cannot say that we are bilingual for being able to count to 10 in a new language and we cannot say that we completed a marathon after only the first kilometre. As an indigenous person who has repeatedly been told that the government is turning the page on indigenous issues, or starting fresh, or taking a new step, or going in a new direction, or whichever euphemism the government is using this week, I think I speak for the vast majority of indigenous people who will not settle for beginning again. We do not want the promise of a better tomorrow if it is not followed by concrete action and funding. We do not want the promise of better legislation tomorrow, because we have no guarantee of a willing partner.

When the Minister of Heritage appeared before committee to present the bill, he told us that he would be open to amendments. Many of the elders, organizations and language educators who consulted on this bill told us that there were conversations had and recommendations that they made that were not reflected or included in the final draft of this bill.

Many of those same elders, organizations and language educators came to committee to share their stories, advice and recommendations. In good faith, and knowing it was the will of those who know better than us, the NDP, the Green Party, the Conservatives and the member of Parliament for Nunavut proposed a number of amendments to improve the bill at committee. They were virtually all rejected.

I want to take some time now to tell this House why the amendments we proposed on behalf of others were so very important. On a number of occasions, the NDP and the member for Nunavut tried to include language that recognized the distinct language needs of the Inuit, based on the recommendations the committee heard from the ITK and its president, Natan Obed. One of the most startling facts we heard was that Nunavut actually has more English-speaking teachers than it does English-speaking students and that the English and French languages receive more funding than Inuit language education programs.

Inuit people wanted a bill that worked for them, and the ITK made a number of thoughtful and balanced amendments, but they were rejected entirely by the government.

The member for Nunavut, with his community in mind, put forward an amendment that would have allowed the government to enter into agreements with provincial and indigenous governments, in regionally specific cases, to further the language needs of those regions. His thoughtful amendment would have opened the door for federal services to be offered in indigenous languages based on a nation-to-nation understanding of what communities need.

In a territory where the large majority of people speak Inuktitut, it is a crucial act of decolonization to have access to government services in the language the people speak. Instead, services are available in French or English, and too many people do not have access. The government, by rejecting this amendment, has failed to meet the needs of the Inuit people.

This amendment was part of an ongoing conversation we have been having about the status of indigenous languages in Canada. As the House well knows by now, decades of oppression by the Canadian government and residential, boarding and day schools have told our language speakers that they and their languages have no place in Canada.

What we are seeing now is a resurgence of our languages, one where we are free to speak them in our homes and communities. We are seeing more and more young people engage with their traditions, learn the languages their elders and parents speak and practise their languages in their schools and on the land. We are seeing our elders step forward to teach their languages, many no longer afraid of what might happen if they are seen sharing their knowledge. We are seeing language speakers start camps and summer programs to teach their language. Along the way, language speakers are told by the government that they are doing good work for their people.

However, governments, both provincially and federally, are not supporting the work of language educators and youth with funding or resources to grow our languages or preserve them on our own terms. In Saskatchewan, for example, the province just announced that high school students will now be able to take classes in Dene and Cree, which sounds like a really good initiative. Unfortunately, language educators know too well that language education needs to be funded throughout childhood. Language education needs to begin in kindergarten. Meaningful education takes place in every grade, in every lesson and throughout one's life.

What we are not seeing is the recognition of the status of our languages. Without the status of our languages, we will not see the right investments made in education. We will not see the right investments made in preservation. We will not see the right investments moving forward.

I understand that there are practical concerns about status the government is concerned about, but to seriously consider those concerns is a profound act of reconciliation and decolonization the government did not want to consider, because claiming success for small steps is easier than being courageous and taking big ones.

I dream of the day when indigenous people in Canada can walk into government services buildings in their own communities and have the ability to speak their language, but that day is yet to come.

One of the other big concerns I have heard from my constituents is about the role of the indigenous languages commissioner. I understand that overseeing the funding, restoration and preservation of indigenous languages requires some bureaucracy, and this legislation would create that bureaucracy, but language educators and indigenous organizations do not know what the language commissioner's powers would be, how they would affect their day-to-day operations or how funding models would be established. All we know so far is that language educators would presumably need to go through an extra layer of government through yet another new application process to get funding.

What we also know is that elders and language educators know what is best for their own communities. The creation of another level of government that educators would have to go through is troublesome for two reasons. First is the more principled reason that the government should be funding language programs directly instead of accepting the high overhead costs of a new government agency. Second is that educators would now be under the direction of a languages commissioner, who may have the ability to say if certain ways of learning and preservation are not good enough, without knowing a particular language or cultural group and its needs.

If we value the input of educators on the ground, we need legislation that would keep the people at the front of the legislation. As it is written, it is unclear to me and to educators what the act respecting indigenous languages would actually do for indigenous language.

Furthermore, we proposed an amendment at the heritage committee that would ensure that the indigenous languages commissioner and the directors of that office would be first nations, Métis or Inuit people. It is so important that the languages commissioner be indigenous. It is only through having the lived experience of an indigenous person, knowing what our communities deal with, the history of our people, the resistance we have put up against the Canadian government and the daily experience of what it is like to live in this country that the indigenous languages commissioner could operate.

We wanted to enshrine that minimum lived experience and understanding in this position, knowing how important it would be. What we were told at committee was that asking as much was unconstitutional but that the government would do everything possible to make sure that an indigenous person would hold the position of commissioner. What I hear from the Liberal government is that it wants to protect the Constitution but act in a way that goes against it. The government wants to uphold a colonial document but use words to say that it is on our side despite it.

My big concern, and the concern I have been hearing from so many of my constituents, is that the position of languages commissioner may become a political appointment for someone who means well but does not fully understand our experiences.

At virtually every committee meeting with the Department of Canadian Heritage, Indigenous Services or Crown-Indigenous Relations, these branches of government are represented by non-indigenous people. While these ministers and professionals are educated and well meaning, there will always be a barrier to full understanding of our communities and what our communities need, because their experiences in life are so profoundly different. We had an opportunity with Bill C-91 to make sure that the barrier would be lifted and that the languages commissioner would be an indigenous person and would have a better understanding of our unique needs, but that opportunity was shut down for a mix of political and colonial reasons.

Last, there is the question of funding. A lot has been said publicly about how this legislation would just be one phase of the Liberal government's plan for indigenous languages and that funding would come later. However, there is a direct correlation between the mandate of an organization, which would be created by this bill, and the funding of an organization, which was noticeably left out.

It is unclear how the government would assist with education funding, and it is on this basis that language educators are confused by the bill. Would funding be given through a projects-based approach? How would that funding work, and on what basis would funding be given? Would existing educators be supported, or would they have to start over? Would priority be given to innovative teaching styles through apps and the Internet, or would our known ways of learning on the land and in small groups be the priority? How would sign languages be included in this funding model? How would this funding work for children who attend public and private schools across the country?

Would the languages commissioner work with provinces to fund educational initiatives from kindergarten to high school graduation? How would that work for communities that have more than one language group, such as in northern Saskatchewan, where Michif, Dene and a few dialects of Cree are all spoken in one community? Would students be forced to choose which language to learn, or would the opportunity exist to learn all languages available to them?

What about residential school survivors, survivors of the 60s scoop and the thousands of survivors and their descendants who have lost their languages at the hands of the government? We tried to include these specific groups through amendments to the preamble of the bill, but they too were rejected. How will their right to their languages be recognized, supported and taught? How will we empower survivors to regain what was taken from them and their families?

If it is not clear at this point, the bill creates a lot more questions than answers. It would be nice, if not expected, to at least know some of those answers before the bill passed through the House so that we could let indigenous people and indigenous language speakers determine for themselves if the bill would be a success.

There is a lot of pressure to support the bill. The government is running out of time to complete its mandate before the election this fall. I know that indigenous leaders are doing their best to make sure that the bill has the support it needs, because it is, at the end of the day, a step forward. However, there is exponentially more pressure to make sure that the bill, which would affect such a large aspect of our way of life, is done correctly.

While the bill would be a step forward, to what goal and to what end are we walking toward? Is the goal one of half measures that would marginally improve indigenous language education in Canada, or is the end goal one of fundamental change to Canadian society that fully respects the needs of indigenous languages, recognizes their place in our culture and creates a generation of indigenous youth who speak the same languages that generations of people before them spoke?

When I think of the bill before us, I do not think about how it will affect the outcome of the next election. I think about people like Marsha Ireland, Kevin Lewis, Graham Andrews, Cheryl Herman, Vince Ahenakew, Cameron Adams, Julius Park and so many others who have worked so hard to teach and ensure their language in northern Saskatchewan.

To conclude, it is the people and culture we have to keep in mind when we think about the bill. When I think about the future of all indigenous languages across Canada, we have to do what is right and not just what is politically convenient.

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:40 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I appreciate the contribution the member has made to the debate. What comes to my mind is the recognition that many of the answers the member is looking for could probably be best had after we have seen the legislation pass, because, in good part, it would obligate the government to continue working with indigenous leaders and community members to answer some of those questions. I do not believe that it is just the government that has to provide all the details of those answers.

I would suggest, as the member opposite herself has recognized, that the bill would be a significant step forward. As part of that forward movement, we have to recognize that there is always an ongoing level of discussion with indigenous people and look at ways we can take advantage of the legislation we are attempting to pass.

Would the member not agree that those ongoing discussions are a very important component of what will hopefully be the law?

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:40 p.m.


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NDP

Georgina Jolibois NDP Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, this is very important legislation that affects all indigenous people across Canada. It affects first nations, Métis and Inuit from coast to coast to coast.

We have been told by elders, language educators, leaders and others that it is important for the government to act now. We have done enough talking. We talk, research is done on indigenous people and then more research is done. Recommendations may come forward, but we wait 10 more years.

The government is very good at saying one thing, but when it comes to real action that makes changes to indigenous people's lives, it is playing games, just as it did with respect to this debate. I was not given the chance to have an interpreter here when delivering my speech because I was not given enough time to ask for one. I have the right to use one, but the bureaucracy and the government prevented me from doing so.

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:45 p.m.


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Conservative

Cathy McLeod Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, I appreciate my colleague's commitment to this. She talked about two things on which I want to follow up.

First, usually there is respect in the House and we have the opportunity to prepare for debate. As the member and I know, sometimes we get a notification at 6:30 at night advising us what the House will be presenting the following day in debate. We have something called the Thursday question, which lays out the House's schedule. It allows members the opportunity to prepare their remarks.

Some of my colleagues really wanted to speak to the bill, but calling them at eight o'clock in the morning does not give them time to do what they would like to do to participate in a reasonable and fulsome fashion. That is the first issue to which I would like her to speak.

Second, the process by which the committee dealt with many amendments was very ad hoc and did not provide the opportunity for members to exercise proper due diligence with respect to them.

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:45 p.m.


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NDP

Georgina Jolibois NDP Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, I am thankful for the opportunity to yet again clarify things from my perspective as a Dene speaker from northern Saskatchewan who has lived off the land and still practises the language at home on a regular basis.

What I hear from elders not only my community, but throughout my riding and Canada is that they want to be included and they want the opportunity to speak in their languages. Again, the government does not give them that opportunity.

I received notice of debate last night. The government did not give me 48 hours' notice so the translation office could call my interpreter to get here on time so I could deliver my speech. That is not supportive or inclusive, and it does not make changes for indigenous people.

The second piece relates to the amendment I spoke about regarding the language commissioner. It is important for us to support that it be an indigenous person. It is one thing to say that we will talk about this when the times comes, but the experience of indigenous people is that when the time comes, things get changed again. There is no support coming from the government.

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:45 p.m.


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NDP

Pierre Nantel NDP Longueuil—Saint-Hubert, QC

Mr. Speaker, I am pleased to rise. I really want to say what a privilege it was to work with my colleague during the committee's study of this bill.

As the member for Longueuil—Saint-Hubert, I came to Ottawa with certain beliefs and goals with respect to various issues. I discovered just how dysfunctional the relationship with indigenous peoples is. Major changes are needed.

I noticed how irritated my colleague was that the government again chose a regrettably paternalistic approach in the lead-up to passing a consequential bill, not to mention the Truth and Reconciliation Commission of Canada's calls to action. Parliamentarians must look to the wisdom and experience of this leader and her community, for they are intimately familiar with the reality of these people. That is why I would like to hear my colleague's thoughts on this.

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:45 p.m.


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NDP

Georgina Jolibois NDP Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, it is an excellent opportunity to be a member of Parliament. It is a privilege and an honour. As a member of Parliament, I expected when I came to the House of Commons, that I was an equal to other members of Parliament, the over 300 members. However, because I speak in the indigenous language, I still have to figure out a way for me to speak the language.

I would have thought, and other Canadians would think, that when indigenous people come to the House of Commons, they will have equal time to speak their languages, like the English and French languages, but we do not have that opportunity.

Again, I emphasize the importance of this legislation, but the government has taken the approach of paternalistic and colonization in the way it has gone about it. It is disrespectful to indigenous people that we have to make amendments to accommodate them instead of the other way around. The Liberals have so much to learn.

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:50 p.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, that the member was unable to deliver her speech in Dene is unfortunate. I have to underline the irony of talking about legislation on indigenous languages and not allowing indigenous speakers to speak their indigenous languages.

Yesterday, we saw a House that could co-operate, that could set partisanship aside, that allowed me to table a bill on indigenous languages among procedural happenings in the House. We saw the sides come together. I was able to table legislation that included some very important amendments that were brought forward and were not passed by the government.

I wanted to make that point and allow my colleague to comment on those amendments and on the opportunity we have today to not just take a small step, but actually make a difference in the lives of people.

Indigenous Languages ActGovernment Orders

May 2nd, 2019 / 12:50 p.m.


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NDP

Georgina Jolibois NDP Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, language is identity. That is who we are as indigenous people and the government is playing with that. Shame on the Liberals for doing that.