Is my voice loud enough? I have a cold, so I hope my voice will hold up. To begin with, I would like to express my appreciation to the Legislative Assembly, for appointing me as the first Languages Commissioner of the Northwest Territories under the Official Languages Act. Thanks also to the former Speaker, the honourable Michael Ballantyne, for his patience and guidance, as we all embark on this new adventure. I look forward now to working with the new Speaker, the Honourable Jeannie Marie-Jewell. We have already had a chance to discuss some of the issues which confront us.
I would also like to thank my staff for all their dedication and hard work. In the first year, the office had only two positions, myself and a secretary/administrative assistant, as well as some contract and casual help. Since April 1993, we have had a full-time researcher/writer position, which has proven to be essential. I want to say a big thank you to both Benoit Boutin and Gwen Ohokak for all of their work. All of the administration complaints, inquiries, research and the writing of the annual report, which took 11 months, have been handled by these few individuals. I sincerely appreciate their efforts. Thank you too, to the staff of the Legislative Assembly for their assistance in our administration.
I also want to say thank you to all of the staff of the GNWT, the Legislative Assembly and all of their institutions, who work very hard to implement a very novel piece of legislation. We are breaking new ground in the Northwest Territories. We have eight official languages and aboriginal languages have official status. There are many challenges and we all have to work hard to make it a success. Your efforts are greatly appreciated by the people I have encountered.
My experience as Languages Commissioner, to date, has been very challenging, exciting and demanding. Many questions have arisen that need to be addressed and I am grateful for this opportunity of discussing some of these matters today before the Assembly. I know that the groups and individuals, the constituents of all the MLAs' ridings, who have confided in me in the past two years, are also looking forward to these discussions.
The annual report, which is before the Assembly today, covers the fiscal year 1992-93. We are already beginning to write our second report. The report we are dealing with today raises many issues which came to our attention in only one year. Some of the problems have been satisfactorily resolved, some are ongoing and many issues remain to be discovered.
When I accepted this job, I took it very seriously. I felt perhaps as the European explorers felt when they set out for this new world. I embarked on the "ombuds-ship" to explore unfamiliar territory. I was asked to return from this voyage to report on my discoveries. Well, the first thing I found out was that I was a stranger. Nobody had encountered an ombudsman in the NWT and they did not understand the mission. When I arrived in this new place, I found as many explorers before me, people who had ideas, hopes, expectations and cultures that were different from my own. I had to try to come to an understanding with these people about who I am, what I was asked to do, what powers I have to accomplish my goals, what approaches should be used and what priorities they have. My voyage has lasted almost two years now and I am here to report to you on my findings.
One of the major questions that continues to be perplexing is the role and authority of the Languages Commissioner. Since this position is new, no clear guidelines yet exist for a reporting relationship. Who should the Languages Commissioner report to, other than to the Assembly through an annual report? That is required in the act. Who provides direction to the Languages Commissioner on a daily basis? Who assesses the performance of the Languages Commissioner to determine whether or not it is satisfactory? What powers does the Languages Commissioner have, especially with regard to investigations? Since the Official Languages Act is silent in these matters, there is a lot of room for interpretation.
I have had to confront all of these questions and develop solutions that I felt were appropriate. I see my role in very broad terms. The NWT Interpretation Act, section 10, states that, "Every enactment shall be construed as being remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objectives." I have, therefore, taken a very broad and liberal interpretation of my mandate, so as not to impose limitations on myself or on those who will follow me. I want to ensure that the Languages Commissioner, now and always, will have at his or her disposal all possible means for resolving problems quickly, effectively and fairly. The effectiveness of the Languages Commissioner can only be ensured by the exercise of sufficient authority.
I mentioned that the Official Languages Act is silent with regard to specific powers of the Languages Commissioner. Section 20(1) directs the Languages Commissioner to "take all actions and measures within her authority, with a view of ensuring recognition of the rights, status and privileges of each of the official languages and compliance with the spirit and intent of this act in the administration of the affairs of government institutions, including any of their activities relating to the advancement of the aboriginal languages in the territories." But what "actions and measures" are within this authority? Other ombudsman legislation in Canada and other jurisdictions usually spells out these powers very clearly, the power to hold public hearings, demand documents, subpoena witnesses, or it specifically incorporates provisions from another act, such as the Public Inquiries Act. Since our Official Languages Act does not provide this clear direction, many questions have arisen about the Languages Commissioner's authority. It is up to this legislature to clarify these powers.
Another major issue is accountability. I know that it is important to the Members and to the public that the Languages Commissioner be accountable. But it is also very important to me that I do not compromise the independence of this position. Without accountability, the Languages Commissioner risks losing the trust of the Members for whom she or he works, and the confidence of the public, whose concerns she or he is responsible for representing. But, as Daniel Jacoby, citizens' protector for the province of Quebec, stated at the national ombudsmans' conference, which I attended in Toronto in November, "Without independence, the ombudsman does not exist." I am conscious of the need for both accountability and independence, and you will see that my first recommendation asks this Assembly to establish a standing committee on official languages, to which I may report as required.
Just one more comment about these two aspects of my job. If the Members limit too much the powers of the ombudsman, they risk losing the confidence of their constituents, who expect that this position was established to cut through the everyday red tape that all citizens encounter in trying to resolve problems with their government. And we must all admit that there are always some problems to be resolved. People are happy that this legislature saw fit to establish such a position, and are now relying on all Members of this Assembly to reconfirm their commitment. But people also want to see a process for accountability, and therein lies the delicate balance.
People have commented that they are pleased that the Legislative Assembly has begun discussing official languages more often. The comments I have received from the Members' constituents have indicated that they feel it is time to talk, time to address their concerns about official languages, to try to find effective solutions and to implement changes as quickly as possible. My annual report clearly shows that despite all of our efforts, all minority languages in the NWT, all aboriginal languages and French, are under stress, and in almost every case, declining.
I am directed by the Official Languages Act to make recommendations to the Assembly. I have made 30 recommendations in my first annual report.
I have made these recommendations based on the issues NWT residents have brought to my attention. In presenting them, I have tried to fulfil my mandate as I see it: to promote all the official languages; to encourage linguistic groups to work together; to create, among NWT residents and all other individuals, groups and institutions that deal with our residents, a greater understanding of and appreciation for official language groups and their needs and aspirations; to contribute to the preservation, development and enhancement of all our official languages; and, to assist people in resolving their problems as quickly as possible, so that everyone clearly understands that the implementation of official languages in not a waste of time or money, but a right by which each individual may express himself or herself through his or her own culturally appropriate medium.
I would now be happy to discuss the report with you and to determine how the recommendations can be addressed. Thank you.