Mr. Speaker, it is my belief that parliamentarians have a constitutionally protected right to use an indigenous language in Parliament. Subsection 35(1) of the Constitution Act, 1982 states, “The existing aboriginal treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.”
Do languages actually fall within these provisions? Professor Karen Drake has written about indigenous language rights in Canada pre-existing the Canadian state, and that these rights have not been extinguished and are still present. Others, like David Leitch and Lorena Fontaine, have been working toward launching a constitutional challenge, arguing that under subsection 35(1), the federal government not only has a negative obligation not to stifle aboriginal languages, but also a positive obligation to provide the resources necessary for the revitalization of those languages.
There are many sub-steps and different ideas that relate to this, especially within a decision in R. v. Van der Peet case that, “To be an aboriginal right an activity must be an element of a practice, custom or tradition integral to the distinctive culture of the aboriginal group claiming the right.” I believe that indigenous languages meet that constitutional requirement.
It is a very interesting argument concerning French and English, but indigenous languages are in fact the original languages of this land and deserve just as much respect. I understand that there are many people from around the world who have come to Canada and who speak other languages. If we looked, for instance, to other parliaments, such as in New South Wales in Australia—Australia was mentioned by the hon. member—it has introduced aboriginal language legislation to ensure the protection of the indigenous languages there, and the ability to hear those languages within the chamber and the provision of services relating to these languages.