[Witness spoke in Ojibwa]
[English]
I've been with the confederacy since 2000. Established in 1972, the First Nations Confederacy of Cultural Education Centres is a non-profit, first nations-controlled national organization. We have a membership of 50 cultural centres across Canada. We represent 400 first nations communities, and we represent the language and cultural diversity among first nations. Our mandate is protection, promotion, revitalization and maintenance of first nation languages, cultures and traditions.
Our organization supports the indigenous languages legislation; however, we have concerns with Bill C-91. FNCCEC were not co-developers in the drafting of the language legislation, but we contributed by way of a national engagement session. Our organization collectively put forward key recommendations as necessary elements of the language legislation.
The legislation must be indigenous, distinction-based and implemented according to first nations protocols, perspectives and practices. Funding must not be by proposal or project-driven; funding must be legally protected on a permanent basis. First nations communities must have ownership, control, access and possession of the implementation of the legislation, its regulations and its language funding. FNCCEC must be given full participation in the implementation of the legislation and have a vital role in the language commission.
It becomes apparent that Bill C-91 bears little resemblance to the recommendations that we put forward.
The concerns with Bill C-91 are what is and what is not contained in the bill. The bill does not contain a provision that recognizes first nation languages as the first or original languages, but addresses languages as a pan-indigenous approach.
There is no provision outlining the amount of funding to be invested into languages. There is no provision that states that the Government of Canada commits to protect and safeguard indigenous languages. There is no provision stating firm commitment to adequate, sustainable, long-term funding. In essence, the bill does not contain a provision to compel the government to permanently fund indigenous languages.
We have concerns with what is in the bill. Let's begin with the preamble.
There are 18 paragraphs in the preamble that speak about the importance of indigenous languages and indigenous peoples. The preamble is the best part of the bill, but we know that it doesn't have the same authority as the substantive parts of the bill. Actually, there's only one section that speaks about the commitment to funding.
Then there are the must-haves. Five of these paragraphs in the preamble need to be removed and placed in the purposes of the act. These paragraphs are numbers 10, 11, 12, 13 and 14, and I begin by emphasizing the most important paragraph, number 14, which says:
Whereas the Government of Canada is committed to providing adequate, sustainable and long-term funding for the reclamation, revitalization, maintenance and strengthening of Indigenous languages;
This text must be the opening of clause 5. Paragraphs 10, 11, 12 and 13 also need to be in clause 5.
Paragraph 5(d) states:
Establish measures to facilitate the provision of...funding.
However, the problem with this section is that establishing measures is not a commitment to funding, and it is unclear who will be eligible for funding and how will it be divided and distributed among the first nations, the Inuit and the Métis.
The bill contains vague wording and uncertainties. For example, in the definitions in clause 2, there are two words, “other entity,” and it goes on to say, “that is authorized.” What is the definition of “other entity”? Who determines what is and who is “other entity?” Does this open the door for anyone to self-identify as an entity? What does “authorized” mean? Who determines “authorized?”
Another example is the word “diverse” in reference to indigenous governments, used in clauses 7, 13, 15 and 16. What is meant by “diverse?” It is unclear who these diverse indigenous organizations or governments are. Here again, the question is whether this is open for self-identifiers posing as indigenous organizations or governments.
The bill makes reference to “minister must” or “may” consult. Consultation is not consent. It may simply mean a discussion, and then government does what it wants. Clauses should be amended to require the consent of first nations for the long-term funding for their languages and the appointments of a commissioner and directors.
The bill also contains inconsistencies, such as clause 25, “Support offered by Office”. It does not include indigenous organizations, yet previous clauses do, such as clauses 5, 7, 8, 13, 15 and 23. Clause 26 now includes indigenous organizations. Why does clause 25 not include indigenous organizations?
The bill should be distinction-based, but it lumps all indigenous peoples together, without distinction. First nations have over 633 communities, with over 60 languages and dialects. First nations have a nation-to-nation agreement with the Crown dating to Confederation, and even before that.
Paragraph 5(c) speaks of establishing a framework to facilitate the effective exercise of rights relating to languages. However, first nations have the right of self-determination and self-governance. Therefore, neither the federal government nor any other body can impose a framework on how first nations can exercise their language rights. It lies with first nations to determine our own language laws and the exercise of rights.
In addition to the FNCCEC's engagement recommendations, we further recommend no duplication of existing structures and that no new bureaucracy be established. It is vital that language legislation support the enhancement of existing organizations and structures and that these existing organizations can access adequate funding. It is critical that funding must not go to political organizations. The funding must flow directly to the communities.
The terminology of the bill must be strengthened to give it legal teeth. There should be indigenous distinct commissioners: first nation, Inuit and Métis. The mandate and the priorities of the office of the commission should come from first nations, not through federal legislation.
Further amendments are required, including an amendment that clearly identifies funding amounts, affirms and guarantees funding, and protects permanent, sustainable funding; an amendment that addresses the disbursement and the distribution of funding to first nations, Inuit and Métis, and the mechanisms on how to flow the funding to communities; an amendment that clearly acknowledges the rights of first nations to pass their own language laws through their own inherent authority; an amendment to include treaties, whereby the honouring and protection of treaties will be in the purposes of the act; an amendment that guarantees the funding is not proposal-driven but is core programming for first nations communities and well-established first nations language and cultural organizations.
In closing, cultural centre expertise is integral to language protection, language development, cultural health and in building strong cultural identities for our children and our youth. The enrichment of community health and self-esteem for first nations youth depends on the transmission of knowledge from elders to youth. This is the paramount reason that the survival of languages and culture is critical.
As stated by an Ojibwa elder, the late Elmer Courchene, “If we do not revitalize our languages, we lose the spirit of the people. We want to save our languages for the future survival of our next generations.” This is why our organization and our work remain steadfast.
Meegwetch. Thank you.