This is page numbers 271 - 299 of the Hansard for the 12th Assembly, 6th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was languages.

Topics

Tony Whitford

Tony Whitford Yellowknife South

Thank you, Madam Speaker. To continue the Standing Committee on Agencies, Boards and Commissions report on the First Annual report of the Languages Commissioner.

The Nature Of The Position Of Languages Commissioner

From the beginning, there have been difficulties with the nature of the Languages Commissioner's position. The appointment of the incumbent was surrounded by contentious debate. Since then, there has been confusion over administrative issues, such as whether a Languages Commissioner is eligible for merit increases as a deputy minister is.

Committee Members agreed that this area needed clarification. The position should not be seen as a "public service" position in the same way as that of positions in government departments. As the Languages Commissioner is an independent officer, it would not be appropriate to consider merit increases. This would require a judgement concerning the "merit" of the incumbent, and it would be impossible to preserve the independence of the office if such judgements were being made. The standing committee feels the present wage and benefits package is adequate, and should remain fixed for the remainder of the term of the incumbent.

Committee Members also felt that a contractual arrangement would be more appropriate for future incumbents. This would also be in keeping with the recent government initiative to convert deputy minister positions to contract-based positions, rather than indeterminate appointments. It was felt that changing the rules in the middle of the incumbent's term would be unfair; therefore, such a change should take effect in 1996, at the end of the present Languages Commissioner's term.

Recommendation 3

Therefore, ABC's recommendation 3 is the committee recommends that upon the expiry of the term of the present Languages Commissioner, the position of Languages Commissioner be changed to a contractual position.

Madam Speaker, I will now turn this over to my colleague for Yellowknife Frame Lake, Mr. Dent.

The Speaker Jeannie Marie-Jewell

Thank you. The honourable Member for Yellowknife Frame Lake, Mr. Dent.

Responsibilities Of The Government And Of The Languages Commissioner

Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Madam Speaker. The section I will be presenting to the House is responsibilities of the government and of the Languages Commissioner.

Madam Speaker, the second major theme of the report is that of the responsibilities of the Government of the Northwest Territories with regard to official languages. Many of the report's recommendations direct the government to take action with issues that have been identified by the Languages Commissioner. In most cases, the Languages Commissioner identified these issues because they were the subject of complaints or inquiries to the office.

The Languages Commissioner directed recommendations 4, 5, 6 and 7 to the Legislative Assembly. Recommendations 4, 6 and 7 ask for clarification regarding the act, and recommendation 5 asks for a review of the protocol for relations between government boards and agencies and the Languages Commissioner.

Committee Members expect that the government will address the issues of language of work, services to travellers, and application to third parties in the proposed official languages handbook, which will be discussed on page 8, and that negotiations between the government and the Languages Commissioner will address the issue of protocol. Therefore, the standing committee feels that it would be appropriate to await the government's approach to those issues before making any recommendations to the Assembly.

There are two other recommendations which committee Members feel would also best be dealt with through negotiations between the Languages Commissioner and the government. Recommendation 14 suggests that the government have the sole responsibility of informing the public when there are changes or additions to acts, regulations, guidelines or policies relating to official languages, and recommendation 29 asks the government to conduct a thorough study of literacy and fluency in the Northwest Territories. While these are both important issues, the standing committee wants to see the Languages Commissioner and the government negotiate the responsibilities for these tasks between them. Certainly, the public should be made aware of legal and regulatory changes relating to official languages. But it should be simple enough for the Languages Commissioner and the government to work out a publicity strategy which would allow such information to be published without it being caught up in a turf battle. Similarly, if the Languages Commissioner and the government have disagreements about the need for studies related to official languages in the NWT, they should be able to work them out and come to a satisfactory solution.

The Languages Commissioner made a number of recommendations which direct the government to take action in various areas related to the act. Most of these recommendations demand that the government provide better information to the public, and even to government departments and agencies, regarding the services available under the act. For example, recommendation 8 asks the government to, "clearly identify to which institutions...the Official Languages Act applies..." This is something that should have been done as soon as section 14 of the act was proclaimed at the end of 1992, along with making those institutions and the public aware of this identification.

Madam Speaker, I would like to ask if you can have Mr. Ballantyne carry on with the report.

The Speaker Jeannie Marie-Jewell

Thank you. The honourable Member for Yellowknife North, Mr. Ballantyne.

Michael Ballantyne Yellowknife North

Thank you, Madam Speaker. Other recommendations refer to establishing and publishing guidelines for providing official languages services, (number 10), -- I'm going to mention a lot of numbers here, which are recommendations in these little boxes, which I'm not going to read. They're there if you're really interested in this -- publishing information on the act and official languages initiatives (number 11), clearly identifying offices where official languages serves are available (number 15), and informing the public about standardized writing systems for native languages. These are all things the government should have done by now, and the standing committee is expecting the government to deal with these recommendations quickly.

In recommendation 9, the Languages Commissioner recommends that the government determine all acts and regulations which relate to official languages. The standing committee feels that the responsibility for this task should lie with the office of the Languages Commissioner, perhaps with assistance from the government's legislation division.

The Languages Commissioner also made two recommendations (numbers 12 and 13) related to the funding agreements with the Secretary of State. With the hiring of a financial coordinator, the official languages unit appears to have met with recommendation 12. As well, it appears that the official languages unit is making an effort to give adequate direction to departments, thereby meeting recommendation 13. Committee Members suggest that the Languages Commissioner follow up on any future complaints from departments on an individual basis.

The government has frequently referred to an official languages handbook which, when completed, is supposed to contain all the guidelines and information necessary for government employees to start implementing provisions of the Official Languages Act. When this handbook is complete, the committee expects that it will address recommendations 8, 10, 11 and 15 mentioned above. The committee also expects that the handbook will spell out what government departments' responsibilities are under the act, including those responsibilities outlined by the Languages Commissioner's recommendations 16, 19, 20, 23 and 27.

The standing committee wants to see the official languages handbook completed as soon as possible, in order that it might be reviewed in conjunction with the next annual report of the Languages Commissioner.

Recommendation 4

The committee recommends that the government complete the official languages handbook by December 31, 1994.

In recommendation 26, the Languages Commissioner suggests that GNWT establish more training programs in official languages; not only for government employees, but also for members of the public. Committee Members feel that the best vehicle for providing language training for GNWT employees and members of the public, would be Arctic College. The college should especially focus on training people to teach official languages. Those so trained could then either teach through Arctic College or provide training privately. This would allow the government to use its resources as necessary to pay for training some employees, yet also allow members of the public to access official languages training at their own cost.

Madam Speaker, that concludes my part of this report. With your permission, I will turn over the next part of the report to Mr. Arvaluk.

The Speaker Jeannie Marie-Jewell

Thank you. Prior to going to the next Member, I would like to introduce someone sitting in the gallery, Mayor Charlie Furlong from Aklavik. Welcome to the Assembly.

---Applause

The honourable Member for Aivilik, Mr. Arvaluk.

Other Recommendations Agreed To

James Arvaluk Aivilik

The standing committee considered recommendations 18, 21, 25 and 28 in the Languages Commissioner's report, and agree with the Languages Commissioner that the government should act upon them.

The Languages Commissioner's recommendation 18 refers to positions in the government where the incumbents provide services to the public in official languages. The standing committee agrees that these positions should not be left vacant, and should be filled as quickly as possible.

Recommendation 21 would provide toll-free numbers for northerners to call when seeking government services in official languages. The standing committee agrees with the Languages Commissioner that the government should investigate this further, with the minor amendment that an individual line for each official language might not be necessary. The demand might not dictate having one toll-free line for each official language, but current technology would make it possible for a single line to handle a number of languages. The committee expects that the Languages Commissioner, the official languages unit, and the language bureau will be able to develop a quick and effective solution to this recommendation.

In recommendation 25, the Languages Commissioner addresses the issue of adult literacy and fluency training. The standing committee agrees that the government, presumably, Department of Education, Culture and Employment, should make an effort to collect available materials and make them available to interested parties.

Recommendation 28 addresses the issue of Dene syllabics. While current practice is to write Dene languages in new standardized Roman orthographies, many elders learned to read and write in syllabic alphabets designed for the Dene languages. The government should be able to address this need to meet the needs of these elders.

Full Simultaneous Translation In The Legislative Assembly

In recommendation 17, the Languages Commissioner asks that the Assembly, "consider whether or not it is necessary to provide full simultaneous interpretation in the Legislative Assembly at all times and in all official languages..." This recommendation, which the Languages Commissioner admitted to being a controversial one, was based on concerns that providing full interpretation was too much of a strain on existing resources when the Assembly was in session.

Committee Members feel very strongly that full simultaneous interpretation is a fundamental part of the proceedings of the Legislative Assembly of the Northwest Territories. It is required by the Official Languages Act -- sections 9 and 10(3) effectively require full simultaneous interpretation -- and was the subject of a point of order raised in the House on October 26, 1989 when simultaneous translation in Dogrib was not available.

Full simultaneous translation also allows Members to serve as linguistic role models for their constituents. This is especially true since House proceedings started to be broadcast on the TVNC network. Committee Members noted that constituents are listening when their representatives speak in aboriginal languages. When constituents see and hear their elected representatives speaking in their own language in the House, their pride in their language is bound to increase. Providing Members the opportunity to do so by providing full simultaneous interpretation can only strengthen aboriginal languages in the Northwest Territories.

Madam Speaker, that concludes my portion of our presentation. With your permission, I would like to ask Mr. Patterson to continue the presentation of the report. Qujannamiik.

The Speaker Jeannie Marie-Jewell

Thank you. The honourable Member for Iqaluit, Mr. Patterson.

Other Recommendations Rejected

Dennis Patterson Iqaluit

Thank you, Madam Speaker. The standing committee also disagreed with the Languages Commissioner's recommendations 22, 24 and 30.

Recommendation 22 in the report suggested reconsidering the current bilingual bonus policy and using the funds instead for language training programs. Since the bilingual bonus policy is part of the collective agreement with unionized government workers, the standing committee feels that passing on this recommendation would be inappropriate. Also, committee Members felt that the bilingual bonus policy is a more effective use of the government's limited resources than extensive language training. Therefore, the standing committee rejects recommendation 22.

In recommendation 24, the Languages Commissioner suggests adding a language criterion to the affirmative action policy. While the intent of the recommendation -- ensuring that more GNWT employees speak official languages other than English -- is admirable, the standing committee does not agree with the means proposed. Committee Members note that many GNWT employees meeting affirmative action criteria are already bilingual or unilingual in official languages other than English. We also note that some positions require abilities in the other official languages, and for these an affirmative action criterion for language would be redundant. Therefore, the standing committee rejects recommendation 24.

The Languages Commissioner's duty, as stated in subsection 20(1) of the act, is to ensure the appropriate use of official languages in the administration of the affairs of government institutions. Some government departments and agencies have a mandate to promote and enhance official languages and the Languages Commissioner also has a duty to oversee these activities.

However, committee Members feel that recommendation 30 needs further clarification. We recognize that the government has limited resources and needs to focus on ensuring that government departments and agencies themselves are providing appropriate services in official languages.

The standing committee feels it would be most appropriate for the government to use its available resources to set a strong example. This approach, along with encouragement of private sector solutions, would be most appropriate. Other organizations and groups can then look to the government as a model.

We acknowledge that the government has, in the past, assisted some businesses and non-government organizations with official languages needs. However, the standing committee feels this should only happen where there are no private sector options available and when such assistance would not interfere with the operational requirements of the government.

Finally, in appendix 3 of the report, the Languages Commissioner discusses the possible formation of an advisory council. Although not the subject of a formal recommendation, the topic was raised at committee hearings. The Languages Commissioner felt that the requirement of subsection 20(3) of the act to "meet not less than once a year with the representatives of such organizations as may be prescribed" required the establishment of a formal advisory council to receive advice from representatives of each official language.

Committee Members disagree. The original intent of subsection 20(3) was to ensure the Languages Commissioner would reach out to appropriate organizations to solicit advice. But this can be done without the establishment of a formal council. Individual meetings with representatives of appropriate organizations will satisfy the requirements of the act and at much less expense than creating a formal advisory council.

Madam Speaker, with your concurrence, Mr. Koe, the chairman, will conclude the report. Thank you.

The Speaker Jeannie Marie-Jewell

Thank you. The honourable Member for Inuvik, Mr. Koe.

Conclusion

Fred Koe Inuvik

Mahsi, Madam Speaker.

In conclusion, the passage of the Official Languages Act, along with the initiatives undertaken by the government to promote official languages, is a significant milestone in northern and Canadian history. The office of the Languages Commissioner has a significant and crucial role in ensuring that the goals expressed by these initiatives are realized by the government.

The standing committee recognizes that there will always be some growing pains with the establishment of a new office and position. Committee Members expect that the office of the Languages Commissioner will magnify its responsibilities and duties as it becomes more established and as the government grows to recognize its own responsibilities under the act.

The standing committee is pleased to be part of this growth and expects that the adoption of its recommendations will assist in promoting the use of official languages in the government and throughout the north.

Recommendation 5

The committee recommends that, in accordance with rule 93(5), the Executive Council table a comprehensive response to the recommendations contained in this report within 120 days of the presentation of this report in the House.

Madam Speaker, that concludes our report and I'd like to thank all the Members of the committee for the work they've done in preparing the report. Madam Speaker, that concludes the report of the Standing Committee on Agencies, Boards and Commissions.

Motion To Receive And Move Committee Report 11-12(6) To Committee Of The Whole, Carried

Therefore, I move, seconded by the honourable Member for Yellowknife Frame Lake, that the report of the Standing Committee on Agencies, Boards and Commissions, on its Review of the First Annual Report (1992-93) of the Languages Commissioner of the Northwest Territories be received by this Assembly and moved into committee of the whole. Mahsi cho.

---Applause

The Speaker Jeannie Marie-Jewell

Thank you. Your motion is in order. To the motion.

An Hon. Member

Question.

The Speaker Jeannie Marie-Jewell

Question is being called. All those in favour? All those opposed? The motion is carried.

---Carried

Item 12, reports of standing and special committees. Item 13, reports of committees on the review of bills. Item 14, tabling of documents. The honourable Member for Baffin South, Mr. Pudlat.

Item 14: Tabling Of Documents
Item 14: Tabling Of Documents

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Kenoayoak Pudlat Baffin South

(Translation) Thank you, Madam Speaker. I would like to table, Tabled Document 31-12(6), a letter written by one of my constituents, Mickey Akavak, a journeyman electrician from Lake Harbour, regarding the hiring of outside labourers for construction projects in our communities. Even though there are qualified labourers in our community, I would like my constituents to be a priority before they hire from the outside communities. Thank you.

Item 14: Tabling Of Documents
Item 14: Tabling Of Documents

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The Speaker Jeannie Marie-Jewell

Item 15, notices of motion. Item 16, notices of motions for first reading of bills. The honourable Member for Keewatin Centre, Mr. Todd.

Item 16: Notices Of Motions
Item 16: Notices Of Motions

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The Speaker Jeannie Marie-Jewell

FOR FIRST READING OF BILLS

John Todd Keewatin Central

Thank you, Madam Speaker. I give notice that on Monday, October 17, 1994, I shall move that Bill 14, An Act to Repeal the Public Service Vehicles Act be read for the first time.

The Speaker Jeannie Marie-Jewell

Do you have another notice, Mr. Todd? Proceed.

Bill 13: An Act To Amend The Motor Vehicles Act
Item 16: Notices Of Motions

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John Todd Keewatin Central

Thank you. I give notice on Monday, October 17, 1994. I shall move that Bill 13, An Act to Amend the Motor Vehicles Act be read for the first time. Thank you.

Bill 13: An Act To Amend The Motor Vehicles Act
Item 16: Notices Of Motions

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The Speaker Jeannie Marie-Jewell

Thank you. Item 16, notices of motions for first reading of bills. The honourable Member for Mackenzie Delta, Mr. Nerysoo.

Richard Nerysoo Mackenzie Delta

Thank you, Madam Speaker. Madam Speaker, I give notice that on Monday, October 17, 1994, I shall move that Bill 15, An Act to Amend the Legislative Assembly and Executive Council Act be read for the first time.

The Speaker Jeannie Marie-Jewell

Thank you. Item 16, notices of motions for the first reading of bills. Item 17, motions. Item 18, first reading of bills. Item 19, second reading of bills. Item 20, consideration in committee of the whole of bills and other matters: Tabled Document 14-12(6), "Open for Business" - Privatizing the Northwest Territories Power Corporation; Tabled Document 23-12(6), Report of the 1993-94 Electoral District Boundaries Commission Northwest Territories; Minister's Statement 11-12(6), Return to Session; Committee Report 6-12(6), Report on the Review of Bill 3 - Guardianship and Trusteeship Act; Committee Report 7-12(6), Report on the Review of Bill 7 - An Act to Amend the Arctic College Act; Committee Report 9-12(6), Investing In Our Future, October 1994; Bill 1, Appropriation Act, No. 1, 1995-96; Bill 2, Aboriginal Custom Adoption Recognition Act; Bill 3, Guardianship and Trusteeship Act; Bill 6, Access to Information and Protection of Privacy Act; Bill 7, An Act to Amend the Arctic College Act; Bill 8, An Act to Amend the Public Utilities Act, with Mr. Ningark in the chair.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

October 13th, 1994

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The Chair John Ningark

Thank you. The committee will come to order. When we concluded yesterday, we were considering Bill 6. What is the wish of the committee? Mr. Dent.

Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

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Charles Dent

Charles Dent Yellowknife Frame Lake

Thank you, Mr. Chairman. I would like to recommend to the committee that we continue consideration of Bill 6, and if we conclude that item to move on to Committee Report 7-12(6) and then Bill 7.