In the Legislative Assembly on October 8th, 2003. See this topic in context.

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The Chair

The Chair Paul Delorey

We will go on to review Bill 31, An Act to Amend the Official Languages Act, No. 3. Does the Minister have any opening comments? Mr. Ootes.

Minister's Opening Comments

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Jake Ootes

Jake Ootes Yellowknife Centre

Merci boucoup, mahsi cho, qujannamiik and thank you, Mr. Chair. I am here to address Bill 32, An Act to Amend the Official Languages Act, No. 3.

The Department of Education, Culture and Employment received the Report from the Special Committee on the Review of the Official Languages Act in mid-March. Since that time, we have reviewed the report, met with the accountability and oversight committee Members in early June, with my colleagues and government officials, developed a GNWT response and made a presentation to AOC on September 19, 2003.

On September 30, 2003, I tabled the GNWT response to the special committee's report highlighting the actions being taken by the present government. On October 2, 2003, I introduced in the Assembly Bill 31, before you today.

Mr. Chairman, I would like to take this opportunity to thank the Members on the Special Committee on the Review of the Official Languages Act for its hard work and the chair, Mr. Steven Nitah, for his commitment to languages in the NWT.

Mr. Chairman, Bill 31 is an initial step to laying a strong foundation to implement the special committee's recommendations. Bill 31 achieves the committee's desire for an aboriginal languages board by proposing the creation of an aboriginal languages revitalization board. The board will be charged with the important task of aboriginal languages maintenance, promotion and revitalization.

The board will also take over the responsibility for languages promotion from the Official Languages Commissioner.

The board members will consist of one member from each aboriginal language community, nominated by their respective communities.

This bill will also create an official languages board.

Through this board, all NWT official languages, both aboriginal and non-aboriginal, will be represented. This board provides all official languages committees with the opportunity to advise and make recommendations to the Minister on the administration and delivery of services by government institutions.

This board will have one member from each aboriginal languages community as well as an English and French member. Members will also be nominated by their respective language communities.

For both of these boards, Bill 31 proposes that members be appointed by the Executive Council on the advice of the Minister and, of course, the language community.

Bill 31 also introduces changes to the mandate of the office of the Official Languages Commissioner and designates a minister responsible for the act.

In addition to this, the bill makes a number of changes as requested by the special committee. These include:

  • • Amending the preamble to the act to recognize the important role of language communities in preserving and developing their own languages.
  • • Recognizing North Slavey, South Slavey, Inuvialuktun and Inuinnaqtun in section 4 of the act, and remove them from the interpretation section;
  • • Removing repealed sections of the act and correct spelling, terminology and translation errors;
  • • Addition provisions for the government to respond to the annual report of the Official Languages Commissioner within 180 days of tabling of the annual report;
  • • Adding provisions for the recognition of the collective language rights of aboriginal people within their homelands; and,
  • • Adding provisions for smaller scale evaluations every five years beginning in 2008.

Mr. Chairman, Bill 31 will set the direction for the future preservation of languages in the NWT. The two board structures proposed here will support all minority languages while addressing the critical and immediate need to revitalize, maintain and promote our disappearing aboriginal languages. Mahsi cho, Mr. Chairman.

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The Chair

The Chair Paul Delorey

Thank you, Mr. Ootes. The chair will recognize the chairman of the standing committee, Mr. Dent.

Standing Committee On Accountability And Oversight Comments

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Charles Dent

Charles Dent Frame Lake

Thank you, Mr. Chairman. The Standing Committee on Accountability and Oversight conducted a public hearing on Bill 31, An Act to Amend the Official Languages Act, No. 3 on October 7, 2003 in Yellowknife.

The committee would like to thank Ms. Sabet Biscaye, Ms. Dorothy Minoza, and Ms. Betty Harnum who were able to appear at the hearing despite the short notice. Members would also like to thank the NWT Literacy Council, the Gwich'in Social and Cultural Institute and the Inuvialuit Cultural Resource Centre for their written submissions.

The committee recognizes that stakeholders were given a very limited opportunity to prepare comments on the bill. Had the government introduced a bill that responded adequately to the recommendations of the Special Committee on the Review of the Official Languages Act in the June 2003 sitting, the committee and the public would have had time to properly review it. Instead, the committee was put in the position of having to choose between proceeding with Bill 31 despite the limited time for public review, or leaving this important legislation to the next Assembly. Because Bill 31 in most aspects reflects the recommendations of the special committee, which undertook a very comprehensive consultation process, and because of concerns that the next assembly may not have an opportunity to revisit this legislation for some time, the committee chose to proceed with reporting this bill back to the House as the better of two less than ideal options.

Mr. Chairman, the most significant change in Bill 31 from the recommendations of the special committee is the creation of an official languages board in addition to an aboriginal languages revitalization board. Both Members and those who made submissions to the committee questioned the need for the official languages board, which was not part of the special committee's recommendations. The Minister indicated that this board is needed to provide all official language communities with the opportunity to advise and make recommendations to the Minister on the administration and delivery of services by government institutions. The committee was put in the difficult position of deciding whether to support the creation of this second board in the absence of research and consultation substantiating the need for it. Left with this choice, Members preferred to err on the side of providing an opportunity for all language groups to have representation on a board, and therefore did not propose any amendments to this part of the bill.

Ms. Minoza and the Inuvialuit Cultural Resource Centre questioned the need for the aboriginal languages revitalization board, and suggested they would have preferred resources be directed to community or regional language groups instead. The committee respectfully disagrees with the suggestion that the board will not be a useful resource for community and regional language groups, and notes that the recommendation to have this board was arrived at after two years of research and consultations with all language groups by the special committee.

Ms. Biscaye and Ms. Harnum raised concerns that the responsibilities of the Minister responsible for official languages are not broad enough. For example, the Minister's responsibilities include the promotion of official languages education, but do not clearly include the promotion of official languages in other government institutions such as courts and health facilities. The Minister's responsibilities are also limited to GNWT policies and programs that relate to the administration of this act. The committee would like to see this expanded so that the responsibilities include all GNWT policies and programs that relate to official languages, whether or not they relate specifically to the administration of this act. At the appropriate time, Members will be supporting amendments that will broaden the responsibilities of the Minister.

Ms. Harnum raised some specific issues about how language funding is being spent and the accountability for that spending. The committee acknowledges that these are valid concerns, but believes they would be more appropriately addressed by other special committee recommendations rather than by amendments to this act.

The Inuvialuit Cultural Resource Centre expressed concerns that Inuktitut will be continued as an official language. The centre is concerned that there is a potential for Inuit specific language money that could otherwise be used for Inuvialuktun and Innuinaqtun to be diverted to a small group of Inuktitut speakers. The majority of Members agreed that it would be unfair to remove Inuktitut at this time without consultation with Inuktitut speakers in the NWT.

The NWT Literacy Council, Ms. Biscaye and committee Members questioned how the Minister will go about prescribing representatives from each language community. Ms. Biscaye underlined the need for representatives to be accountable back to their language communities, and for this to be reflected in policies or guidelines if not in legislation. Members and the NWT Literacy Council asked about how representation will be sought from the English language community in particular. The Minister and his staff advised that, with the exception of English, there are specific organizations for each of the language communities that have been working with the Department of Education, Culture and Employment, and that will likely become the prescribed representatives under the act. The Minister and his staff admitted that more thought needs to be given to how the English language community will be represented. Members will look forward to hearing how this issue is resolved.

Ms. Biscaye also suggested there is a need to change the references to some of the Dene languages in the act which are not the proper names for those languages. She did stress that further research and consultation is needed before this can be done. Members were pleased that the Minister indicated his interest in pursuing this research, and would encourage the next assembly to ensure this does take place.

This concludes the committee's opening comments on Bill 31. Individual Members may have additional questions or comments as we proceed. Following the committee's review, a motion was carried to report Bill 31, An Act to Amend the Official Languages Act, to the assembly as ready for Committee of the Whole. Thank you, Mr. Chairman.

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The Chair

The Chair Paul Delorey

Thank you, Mr. Dent. Does the Minister wish to bring in witnesses? Mr. Ootes.

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Jake Ootes

Jake Ootes Yellowknife Centre

Yes, Mr. Chairman.

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The Chair

The Chair Paul Delorey

Does the committee agree?

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Some Hon. Members

Agreed.

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The Chair

The Chair Paul Delorey

Sergeant-at-Arms, escort the witnesses in, please.

For the record, Mr. Minister, would you please introduce your witnesses. Mr. Ootes.

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Jake Ootes

Jake Ootes Yellowknife Centre

I'm sorry, Mr. Chair, I missed the comment.

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The Chair

The Chair Paul Delorey

Could you introduce your witnesses, for the record, please?

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Jake Ootes

Jake Ootes Yellowknife Centre

On my left is Mark Aitken, legal counsel; and, on my right is Dan Daniels, assistant deputy minister responsible for education and culture.

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The Chair

The Chair Paul Delorey

Thank you, Mr. Ootes. The chair will open the floor to general comments. Mr. Nitah.

General Comments

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Steven Nitah Tu Nedhe

Thank you, Mr. Chairman. Mr. Chairman, I welcome this bill wholeheartedly. The people of the Northwest Territories wanted a tool to assist them in keeping their languages alive, the aboriginal communities, especially. This may not be the best tool, but it's the best tool we could come up with. Languages do belong to the people. The governments of yesterday had a lot to down with the loss of aboriginal languages, especially in this country and in the Northwest Territories. Our government saw fit to change some of the rules to improve the act to assist the aboriginal language communities to revitalize their languages.

At the end of the day, Mr. Chairman, all this bill is a tool and a commitment form this government that they will assist the language communities in retaining the languages, revitalizing the language that are on the brink and develop new languages consistent with the devolution of the English language, the dominant language in Western society.

Mr. Chairman, I'm pleased to be a Member of this Legislative Assembly and the opportunity to chair the special committee that worked on the review of the official languages and making the recommendations that this House accepted, all 65 of them. In record time, if I could mention that, Mr. Chairman. Again, I'd like to thank the language communities, the special interest groups and all those people we consulted with and who took the time to consult with us. I'd like to thank the committee Members; my colleagues, Mr. McLeod, Mr. Bell, Mr. Krutko; Minister Allen and his staff; Benoit Boutin; the Clerk, David Hamilton, and his office; Denise and all the other people who have put their hearts and souls into the work that took two years.

I look forward to giving you the territorial assent for this bill and make the new Official Languages Act a law in this territory so that we could put in stone the commitment of this government to assist the language communities to ensure that the diversification of cultures and languages will thrive in the future of the Northwest Territories to make it truly a multi-cultural society. I think that's one thing as Northerners we all aspire to and this bill will assist in doing that. Mahsi cho, Mr. Chairman.

---Applause

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The Chair

The Chair Paul Delorey

Thank you, Mr. Nitah. Mr. McLeod.

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Michael McLeod

Michael McLeod Deh Cho

Thank you, Mr. Chairman. I, too, want to speak in support of Bill 31 and I also want to congratulate the Minister for bringing this bill forward. This late in the game we're still very happy that we're able to bring it in front of this House during the life of this Assembly. I spoke over the years of my satisfaction and the concerns raised by my constituents that the issue of language was really all over the place. Funding was kind of piecemeal, inconsistent. There was really no roadmap to follow. Nobody was in charge. With this bill it kind of puts the languages communities back into the driver's seat.

I had the good fortune of sitting on the Special Committee on the Review of the Official Languages Act. We did tour a lot of the Northwest Territories over the last while. We heard a lot of very emotional, very passionate statements being made. It was really good to meet all the people out there.

I think the report that the Special Committee on the Review of the Official Languages Act did was very thorough. We heard a lot of statements and messages, especially from the aboriginal people, that I think were very consistent. After a while you could pick out what was being said, right from the time we had our consultation hearings and meeting on the Hay River Reserve. We had an elder tell us that we couldn't separate language, we couldn't deal with language in isolation. We had to tie it to the land. It had to be tied to people. It had to be tied to history. Only then could we deal with languages.

So that was always in the forefront of our thinking. There are still many issues out there that were in our report that can't be covered under this act, but I'm hoping we'll see them come through in terms of policy or in the regulations. We also have some more research that has to be done in some areas. The Michif language is still out there floating in limbo. We recommended that it be recognized as a heritage language. It deserves to have some research done on it.

I also want to take this opportunity to thank some members of my community that came up. Especially Dorothy Minoza for coming to speak to the AOC. It was short notice and they managed to send some people.

In closing, I want to say that language revitalization has a long ways to go before we can consider it safe. Almost every aboriginal language out there, the use has declined. We have to do many things. We have to start looking at developing cultural centres, on-the-land programs, immersion programs. We need to start looking at language development. There are so many new words out there that need to be translated into an aboriginal language. We came across in the government a lot of examples of words that are circulating now in the English language that there are no words for it in the aboriginal languages.

We certainly have to focus on the youth and all this is going to require more funding. However, when we provide funding to the language communities we also have to realize that the language communities, the schools and this government have to be more accountable for language funding. It has to be spent on languages. Too often, we see the money being used for other things, for teachers, special needs teachers or things that have no real association with language. The first people that are let go in the schools once the money becomes a problem are the language instructors. To start with, the language instructors are underpaid, they're not given the credit that's due them.

We have a lot of things we have to do, but I think the passing of this bill will go a long way. It's a huge step and something that I will be supporting. Thank you, Mr. Chairman.

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The Chair

The Chair Paul Delorey

Thank you, Mr. McLeod. General comments. Mr. Bell.

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Brendan Bell

Brendan Bell Yellowknife South

Thank you, Mr. Chairman. As a Member of the special committee that travelled around the North to hear from language communities, to hear from interested residents, I have to say that it's particularly gratifying that this legislation has come before us now and will likely be passed before the 14th Assembly fades and goes off and the 15th Assembly takes over where it left off. This was one of the things that I felt was very important for us to finish so that we could have some sense of completion, so that the people of the Northwest Territories could recognize that after this 10-year review there would be an effort to improve the use of languages in the Northwest Territories.

I have to say that, I think, in our travels the one thing that I was most struck by, maybe, was the level of interest around the Territories, particularly in small communities. Particularly from aboriginal language groups. The concern about the loss of language and the realization, for me, Mr. Chairman, that there are generations of people who do not have use of the language anymore. The elders are typically hanging on to the language. But, Mr. Chairman, as they leave us, oftentimes their children have not kept up use of the language and, therefore, their children as well, in turn, do not have the language.

We are starting to see some revitalization of the languages in schools, but it's very difficult for the youngest children, school-age children, who come home and have parents who have lost their language.

The francophone community, it was also interesting, was very concerned about accountability of language funding. How it was being spent, where it was being spent and whether there was adequate reporting going on so that this money could be tracked and accounted for. They also, I think, were insistent that there be a Minister responsible for official languages; somebody that could be held to account. It was interesting to see for me that the francophone community was really concerned about the provision of services in their language, whereas some of the aboriginal language communities I think felt that it was much more important to concentrate, acknowledging that we have limited dollars, on revitalization of language. I can't remember who talked to us about this, but somebody made the point, a number of people made the point, that provision of service is fine and it is important, but there will be no one to use these services in these languages if we don't do something about revitalization of languages.

Mr. McLeod spoke of Daniel Sonfrere who spoke and presented to us on the Hay River Reserve. Indeed, he did feel that the focus couldn't be limited to just language, that in fact we had to ensure that it was linked with culture. The two could not be separated and government and the people had to make efforts to acknowledge this and recognize it.

I think for our part we had a lot of discussion as a committee about making sure that our recommendations were doable. There were many things that could have been done and I think we wanted to focus and concentrate on the things that we knew the government could achieve and would not get lost. We were very conscious of not wanting to have a report with very nice sounding, but seriously expensive recommendations that would gather dust on a shelf somewhere. I think we've achieved that. I think this bill is ambitious, but it's also reasonable in its scope and reasonable in its attempt at dealing with our language challenges.

As Mr. Nitah, I think, said, there are consequential amendments to come. We hope they will come to other bills; the Education Act, most notably. It will be up to this Assembly and the next Assembly to keep the Minister's feet to the fire to ensure that those actions are taken so that we can have a comprehensive overhaul of our language system and work and do what we can to make sure we don't lose our languages and make sure there are provisions of service in the official languages where it's required.

I think that's about all I have to say, Mr. Chairman, except again to reiterate that it's very gratifying as a Member of the committee to finally see this come forward. I want to thank, certainly, our committee chairman, Mr. Nitah, and all of our colleagues on the committee. We did a lot of hard work over the last two years. I thank all the people who showed real interest in coming out to make presentations to the committee. Thank you.

---Applause

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The Chair

The Chair Paul Delorey

Thank you, Mr. Bell. General comments. Mr. Roland.

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Floyd Roland

Floyd Roland Inuvik Boot Lake

Thank you, Mr. Chairman. I'll keep it short, but I wanted to state for the record the concerns that we heard in committee through those presenters that were able to appear and those that sent in written submissions. Although we heard in the chairman's remarks to this bill, a concern we had to decide as a committee if because of the lack of time to consult with individuals on the addition of a second board, it was either we proceed with this or we decide if the 15th Assembly should do further work on it. But, as stated by many of my colleagues here that were on the committee, there was a lot of work done on this and it would be a shame to see it not move forward. As stated by other Members, it was good to see that the majority of recommendations made by the special committee are in this act and deserves to move forward and see completion, at least to the stage it's at, by this government.

Mr. Chairman, I myself, being Inuvialuit, fall into the category that Members speak about. My ability to speak my own language is very limited. I can understand when my parents would talk and I could repeat some words to them, but to actually carry on a conversation I'd be lost, Mr. Chairman. That's something that is of a concern when you look at the population of Inuvialuit left in the Northwest Territories. We are a minority amongst aboriginal peoples and it's important that we do continue to strive to ensure that our children have the ability to pick up the language, as well as the history and the culture of their people. I'm happy to say that through the education systems in the community of Inuvik they have language classes where I can have my children in there learning at a young age to speak their language. Hopefully at some time they'll be able to beat me in my ability to speak Inuvialuktun and maybe have a good conversation with their daduk, as we say in our language, and go forward from there. It especially hit me this past summer when my mother had said to me, speak to me in Inuvialuktun, and I couldn't. Not a complete sentence.

It's something that is timely and important for our children. So, excuse me, I must congratulate the government and the committee for their hard work. I apologize for this. Thank you.

---Applause

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The Chair

The Chair Paul Delorey

Thank you, Mr. Roland. General comments. Does the committee agree to clause by clause?

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Some Hon. Members

Agreed.

Clause By Clause

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The Chair

The Chair Paul Delorey

Bill 31, An Act to Amend the Official Languages Act, No. 3, clause 1.

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Some Hon. Members

Agreed.

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The Chair

The Chair Paul Delorey

Clause 2.

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Some Hon. Members

Agreed.

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The Chair

The Chair Paul Delorey

Clause 3.

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Some Hon. Members

Agreed.

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The Chair

The Chair Paul Delorey

Clause 4.

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Some Hon. Members

Agreed.

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The Chair

The Chair Paul Delorey

Clause 5. Mr. Lafferty.