Evidence of meeting #123 for Justice and Human Rights in the 44th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was interpretation.

A recording is available from Parliament.

On the agenda

Members speaking

Before the committee

Arif Virani  Minister of Justice
Laurie Sargent  Assistant Deputy Minister, Indigenous Rights and Relations Portfolio, Department of Justice

Rhéal Fortin Bloc Rivière-du-Nord, QC

Thank you, Ms. Sargent.

Mr. Minister, are there other references, such as established authors of scholarly articles on indigenous issues, who might have said that section 35 isn't enough and that legislation such as Bill S‑13 should be passed?

Arif Virani Liberal Parkdale—High Park, ON

If you want, I can provide the committee with what we actually heard during consultations, but it's a large file, because there were over 60—

Rhéal Fortin Bloc Rivière-du-Nord, QC

Excuse me for interrupting you, Mr. Minister. I don't want to rush you, but I have barely five seconds left.

I'm talking about scholarly articles. Have recognized legal authors ever asked for such a law to be passed?

Arif Virani Liberal Parkdale—High Park, ON

A 2007 Senate report dealt with this issue in depth.

The Chair Liberal Lena Metlege Diab

Thank you very much.

We have Mr. MacGregor for the final two and a half minutes, please.

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Thank you, Madam Chair.

Minister, similar to Mr. Bittle, I also want to touch on the subject of indigenous languages.

In my riding of Cowichan—Malahat—Langford, on the east coast of Vancouver Island it's largely Coast Salish. The dominant language is Hul'q'umi'num. There are certainly variations of that. Then, on the west coast, I have a tiny bit of Nuu-chah-nulth territory.

I know that a lot of the rights related to indigenous languages and their protection and revitalization are confirmed by federal statute, and I know that we have the Official Languages Act. I'm just wondering, first of all, if there was anything you wanted to add to your previous answer to Mr. Bittle.

Also, just on Bill S-13's broad scope, do you have any thoughts on how it's going to specifically interact with some of the provisions in the Official Languages Act? I know that in my communities the preservation of Hul'q'umi'num is very near and dear, and we have only a handful of truly fluent speakers. There are some very serious efforts being made to share that language with the younger generation. We are having success, but there is going to be some assistance required in order to keep this language alive and well for future generations.

Arif Virani Liberal Parkdale—High Park, ON

Let me say, Mr. MacGregor, that we share your passion for ensuring that that language in particular gets preserved, as well as the rest of the languages that were on the verge of extinction prior to the passage of the Indigenous Languages Act.

I think they're a bit divorced, but what I would say to you is that as far as the Indigenous Languages Act is concerned, which was Bill C‑91 in the 42nd Parliament, it is a freestanding entity and it's coupled with an official languages commissioner and robust resources investments that we've already made. In terms of the volition of our government to continue to replenish those resources and maintain that strong preservation and integrity of official languages, that volition is there.

I think where this provision will help is that it will allow a review court, if it comes to that, to look at what we've done with the Indigenous Languages Act and to interpret it in a manner that abides by and promotes aboriginal and treaty rights. That would beg the question.... If a specific group had a treaty or had established an aboriginal right—and there's a legal test for that as well—and if that could be established in law, the interpretation that would be given to upholding and promoting that language would be emboldened by this kind of amendment.

I think it works in the same direction, in terms of advancing reconciliation and advancing indigenous rights, including, in this particular case, indigenous language rights.

The Chair Liberal Lena Metlege Diab

Thank you very much.

Minister, thank you for appearing, and thank you to your support staff with you today.

That concludes this particular segment of our meeting.

We will adjourn, and then we will prepare for the in camera subcommittee meeting. I would ask those who are on the subcommittee to please stay.

To the rest, thank you very much, and we'll see you next time.

The meeting is adjourned.