The first annual report of the Languages Commissioner of the Northwest Territories, covering the 1992-93 fiscal year, was tabled in the Legislative Assembly on December 14, 1993 and referred to the Standing Committee on Agencies, Boards and Commissions. Among the committee's recommendations was to amend the committee's terms of reference to provide that all reports of the Languages Commissioner would be so referred. This was approved by motion in the House on November 9, 1994.

The Languages Commissioner's second annual report, for the 1993-94 fiscal year, was tabled November 14, 1994. The standing committee considered the report in meetings in Yellowknife on December 7 and 8, 1994. On December 8th, public hearings were held with the Premier, the Honourable Nellie Cournoyea, and the Languages Commissioner, Ms. Betty Harnum.

The standing committee wishes to acknowledge the input of the witnesses and thank them for their appearance at the public hearings. We would also like to thank the Languages Commissioner and her staff for their assistance in preparing for this review.

General Comments

The Members of the standing committee find this report to be an improvement over last year's first annual report. It is obvious that the Languages Commissioner now has a clearer vision of the mandate and goals of the office. Objectives and progress towards those objectives are stated much more clearly. The process by which the Languages Commissioner deals with complaints and enquiries is explained in excessive detail. Finally, the report is much clearer and more specific regarding the breakdown between complaints and enquiries.

Committee Members were less pleased with the Languages Commissioner's presentation during committee hearings in December. The committee did not feel it was appropriate for the Languages Commissioner to dwell on minor administrative matters. Committee Members would rather the Commissioner focus more on the accomplishments and achievements of her office, along with constructive suggestions as to how the Legislative Assembly and its administrative support staff could help her meet the goals and objectives she has set for the office.

As was noted in the committee's review of the first annual report, the position of Languages Commissioner is that of an independent "watchdog." This means that there may be some occasional contention in the relationship between the Languages Commissioner and the government. But it is also important that the Languages Commissioner and the government work together to ensure that the resources available for official languages programs are used as effectively as possible.

This last point is especially important, given the funding cuts in the new Canada-NWT Languages Funding Agreement. The government will have a difficult time balancing statutory requirements, existing programs, and community expectations with such reduced funding. The Languages Commissioner can, through information derived from the requests made of her office, provide useful assistance to the government in assigning priorities to language programs.

Committee's Response To Recommendations Of The Languages Commissioner

Languages Commissioner's Recommendation 1

"That the Legislative Assembly and GNWT fully consider all of the outstanding recommendations and take such actions as are deemed necessary and appropriate to implement them."

In considering the report, the committee focused on the recommendations made by the Languages Commissioner in chapter four. Recommendation 1 is essentially a follow-up to the 30 recommendations made in the first annual report. The standing committee feels that the Legislative Assembly has dealt with all of the recommendations directed to the Assembly, and that those recommendations that have not yet been addressed are the responsibility of the government.

In the review of the first annual report, the standing committee recommended that the government complete its official languages handbook by December 31, 1994. It was expected that this handbook would contain policies and guidelines which would ensure that government departments and agencies were aware of their duties and responsibilities under the Official Languages Act.

The government has still not completed this task. For example, subsection 14(2) of the act, which provides the legal obligation for services to be provided by the government in official languages other than English and French, was proclaimed on December 31, 1992. The committee is very disappointed that, although two years have passed, the government still has not clearly defined their specific responsibilities under the act.

Languages Commissioner's Recommendation 2

"That the annual reports of the Languages Commissioner be based on the calendar year, rather than the fiscal year, and that they be tabled in the Legislative Assembly in the first session of the following calendar year, to allow for a more immediate consideration."

Recommendation 2 is meant to allow the committee to review and report on the Languages Commissioner's annual reports in a more timely fashion. However, this recommendation was drafted before the Legislative Assembly moved to amend the standing committee's terms of reference. The amended terms of reference now allow for the committee to review the Languages Commissioner's annual reports before they are actually tabled in the House. This will allow the committee to deal with the annual reports in a timely fashion, regardless of when the report is actually released. Committee Members feel that the new terms of reference address the situation adequately, and therefore see no reason to change the Languages Commissioner's continued reporting on a fiscal year basis.

Languages Commissioner's Recommendation 3

"That the interim and final activity and financial reports of any future language agreements be tabled in the Legislative Assembly to provide an opportunity for a review by the House, and to keep the public informed."

Recommendation 3 suggests that activity and financial report of future language funding agreements be tabled in the Legislative Assembly. While these are already public documents, the Languages Commissioner feels that actually tabling the documents will not only better inform the public, but also give Members of the Assembly a better opportunity to review them.

In previous years, the government often did not monitor the financial activity related to the languages agreements very well. This led to large amounts of funding being lapsed. While things have improved in the last couple of years, all parties are eager to avoid a repetition of this poor management. Committee Members agree that this recommendation is worthwhile, and endorse it.

Languages Commissioner's Recommendation 4(a)

"a)That the GNWT explore the possibility of establishing a joint management committee for the administration of funds for official languages;"

Recommendation 4 has three parts, which will be considered separately. The first section recommends that the government "explore the possibility of" devolving the management of official languages funding to a joint management committee. This recommendation is in response to the desires expressed by representatives of some language groups that they be given a management role in the distribution of funds, rather than merely an advisory role.

The committee feels that the joint management concept has merit. However, the reduced funding available could preclude the formation of a formal joint management committee. Even though funding from the federal government has been reduced, the territorial government has statutory obligations under the Official Languages Act which must be met. These obligations will likely not be the subject of discussion by any joint management committee, nor will they be transferred to outside agencies or organizations. These obligations will have to be maintained, notwithstanding cuts in available funding. The result is that the amount of money available for other programs has been reduced by much more than the 38 per cent by which total funding under the new agreement was cut. Committee Members expressed concern that establishing a joint management committee, and then giving that committee authority over an extremely small funding base, would be seen as more insulting than empowering.

Languages Commissioner's Recommendation 4(b)

"b)That the Government of the Northwest Territories consider transferring the responsibility for such official languages programs and services as are reasonable under the terms of any agreements involved, while maintaining the resources necessary to meet its obligations under the Official Languages Act and the language provisions of other acts and regulations;"

The second part of recommendation 4 suggests a way to provide language groups with more management authority without the establishment of a formal committee. With land claims groups adopting and exercising greater powers and abilities, and with the government's community transfer initiative well under way, this is a timely and appropriate recommendation. By transferring the responsibility for community-based programs to aboriginal organizations, language groups, and community organizations, the intent of this recommendation can be accomplished. Committee Members endorse this recommendation, while encouraging the government to pay attention to the words "such...programs and services as are reasonable," and to not use this recommendation as an excuse to avoid responsibility for official languages services needed and requested by northerners.

Since the Languages Commissioner already has a statutory requirement to meet annually with representatives of language groups, this can be extended to include discussions on the management of funds assigned to community-based official languages programs. Committee Members suggest that the government, the Languages Commissioner, and language groups explore these concepts together and implement devolution of some responsibility for program delivery and funding management in the upcoming fiscal year.

Languages Commissioner's Recommendation 4(c)

"c)That the Government of the Northwest Territories clarify any obligations and expectations with regard to official languages services and programs when they are transferred."

Part c) is a necessary corollary to part b). Committee Members agree that the government must ensure that all obligations and expectations are made very clear whenever any official languages services and programs are transferred to non-government agencies.

Languages Commissioner's Recommendation 5

"That the Government of the Northwest Territories support the research, documentation and analysis of the Michif language in the Northwest Territories, to permit a thorough consideration of this language in the context of official languages."

Finally, recommendation 5 relates to a growing awareness of the importance of the Michif language in Metis culture and history. While committee Members are not sure whether Michif should be immediately embraced as an official language, they agree that the government should pursue some research and study of the matter, in order that the Legislative Assembly may make an informed decision regarding Michif's status in the future.

Motion To Receive Committee Report 7-12(7) And Move To Committee Of The Whole, Carried

Mr. Speaker, that concludes the report of the Standing Committee on Agencies, Boards and Commissions. Therefore, I move, seconded by the honourable Member for Yellowknife Centre, that the report of the Standing Committee on Agencies, Boards and Commissions on the Second Annual Report (1993-94) of the Languages Commissioner of the Northwest Territories be received by the Assembly and moved into committee of the whole. Mahsi.

---Applause