Thank you, Mr. Speaker. Thank you, Mr. Hawkins. The terms of reference allow the committee to make recommendations for amendment to the act that it considers desirable. Based on its findings and conclusions, the Standing
Committee on Government Operations makes the following recommendations to create:
•
a new “Official Languages Services Act” with a focus on service delivery, and
•
a new aboriginal languages protection regime that focuses on protection and revitalization of aboriginal languages.
The committee is aware of the breadth of its recommendations and that their meaningful implementation will take some time. As a first step, thorough strategic planning must take place, including an analysis of the fiscal requirements for the implementation of these plans.
The committee did not see its task as developing strategic or implementation plans on behalf of the government. Instead we have provided a foundation for what must be addressed in those plans. We recognize that the government also needs to address challenges related to human and fiscal capacity and resources during this planning process. The committee has left room in its recommendations allowing the government to be diligent on this matter.
The committee recognizes that interim measures will be necessary to address the most urgent needs of the aboriginal language communities and the most obvious shortcomings of the existing Official Languages Act. A section entitled “Transitional Provisions” gives recommendations on what interim measures should be taken immediately.
Provisions To Be Considered For An Official Languages Services Act
1. Rewrite the OLA to get away from the federal
model of legislation that does not match the demographic, socio-geographic, and political realities of the NWT.
2. Lobby the federal government to allow the
GNWT to create its own and more appropriate official languages legislation/regime.
3. Create a service orientated official languages
regime for the GNWT and commit to a regime aimed at saving the aboriginal languages of the NWT.
4. Acknowledge the different situations and needs
of the aboriginal languages and French in terms of legal recognition and protection by Canada, speaker base and available resources (financial, human, linguistic and capacity).
5. Recognize aboriginal languages and French as
official languages of the NWT, including rights granted in reference to legal proceedings and proceedings in the Legislative Assembly.
6. Government retains the obligation to provide
services and communication with the public in official languages, with the following qualifiers: 6.1.
Determine service delivery priorities through consultations with the different language communities while recognizing
the government’s capacity and resource limitations.
6.2. Address government capacity issues
through comprehensive long-term planning (language service plans for each language) while acknowledging language community priorities.
6.3. Create designated areas for aboriginal
languages in the communities where aboriginal languages are indigenous (see Nunavut OLA, s.3 (3)) and add further provisions similar to the wording in the Active Offer Policy of the Francophone Affairs Secretariat in Manitoba; i.e.,
A region is recognized as a designated area for [name of the language] by the Government of the Northwest Territories due to the concentration of aboriginal language speakers or the validity of the region’s aboriginal community, as demonstrated by the use of the aboriginal language in local schools, cultural organization, community groups, et cetera.
Apart from acknowledging regions where
aboriginal languages are indigenous, this provides for recognizing facts and trends of our modern NWT society, including mobility and urbanization.
6.4. Create designated areas for French; i.e.,
“A region is recognized … by the government … due to the concentration of francophones or the validity of the region’s francophone community, as demonstrated by the use of French in local schools, cultural organization, community groups, et cetera.”
7. Establish an Official Languages Secretariat
(OLS) and place it with the Department of the Executive as a central agency that has the authority to implement the Official Languages Services Act government wide. Such an organizational structure could improve accountability and oversight of the implementation of the “Official Languages Services Act” as well as increase focus on language community consultations and relationship building. The reporting relationship of the Official Languages Secretariat should be directly to the deputy minister.
8. The government’s Official Languages
Secretariat shall be sufficiently resourced, supported and empowered to fulfill the following mandate by: 8.1. Developing government services in the
aboriginal languages and French. Determine service delivery priorities
through consultations with the different language communities while recognizing the government’s capacity and resource limitations (see “Minister responsible” for details regarding this plan and the reporting on the progress of the plan).
8.2. Addressing government capacity issues
through comprehensive long-term planning (language service plans for each language) while recognizing language community priorities.
8.3.
Addressing matters of aboriginal languages services in general.
8.4. Addressing matters of French language
services in general.
8.5. Addressing complaints from the public
about aboriginal and French language services.
8.6.
Facilitating, guiding and monitoring departments and agencies on their aboriginal languages and French service activities.
8.7.
Liaising with aboriginal language communities, organizations and their political bodies, and francophone community organizations.
8.8. Coordination of agreements and funding
from Canada.
8.9.
Coordination of funding and other supports to the francophone language communities.
9. Acknowledge that in order to grant equal rights
to the aboriginal languages, a comprehensive language protection regime addressing protection, revitalization and modernization of the aboriginal languages has to be implemented first.
Provisions To Be Considered For An Aboriginal Languages Protection Regime
10. Acknowledge continuous aboriginal language
loss, endangerment resulting in a need for protection and revitalization.
11.
Government commits to an aboriginal languages protection regime through: 11.1.
Acknowledging the different situations and needs between the aboriginal languages of the NWT in terms of speaker base/vitality, capacity, endangerment, need for protection, maintenance, revitalization and modernization.
11.2.
A realistic long-term strategic revitalization plan (10 to 20-year range) must be developed in consultation with each language community highlighting priorities to address needs and actions for protection, revitalization, maintenance and modernization for each aboriginal language. This plan must include measures, monitoring and evaluation
criteria. Measures must distinguish between government and language communities responsibilities
11.3. Annual action plans for each language
that relate to the long-term strategic plan outlining responsibilities and activities by the government, its agencies and the language communities, including timelines and measures for progress towards established goals and objectives.
11.4. The establishment of an Aboriginal
Languages Authority (ALA) in charge of the development and implementation of this plan, being the liaison to the language communities, with sufficient resources and powers to fulfill this mandate and to provide ongoing support and capacity building to the aboriginal languages communities and their organizations.
12. Include statutory requirements to have a
committee of the Legislative Assembly review the Annual Report on Official Language Services and Aboriginal Language Protection and report back within 180 days.
Aboriginal Languages Authority And Aboriginal Languages Advisory Committee
13.
The Aboriginal Languages Authority is responsible for the development and implementation of a long-term strategic revitalization plan, annual action plans, and being the liaison to the language communities, with sufficient resources and powers to fulfill this mandate and to provide ongoing support and capacity building to the aboriginal languages communities and their organizations. 13.1.
The Aboriginal Languages Authority is obligated to consult with the language communities (set minimum requirements for consultation).
13.2.
The Aboriginal Languages Authority is responsible for stable and sustainable funding arrangements with language communities.
13.3. The Aboriginal Languages Authority must
have a close working relationship and take advice from the Aboriginal Languages Advisory Committee (see below).
13.4. The Aboriginal Language Authority of the
GNWT needs to liaise with the Aboriginal Language Centre (see below) to ensure a continuous work relationship is established.
14. The Aboriginal Languages Authority would
work with an advisory committee represented by delegates of the aboriginal language communities. The establishment of this Aboriginal Languages Advisory Committee in
combination with prescribed consultation requirements would ensure concerns of the languages communities are being heard and their advice being taken under consideration. 14.1.
The Aboriginal Language Advisory Committee would replace the existing Official Languages Board and the Aboriginal Languages Revitalization Board.
14.2. Mandate, competencies, meeting and
consultation requirements of this working group shall be clearly established in policy.
14.3.
The obligations of the Aboriginal Language Authority towards this advisory body shall be clearly established in policy.
14.4.
The Aboriginal Languages Advisory Committee is composed by representatives of all aboriginal languages.
14.5. The mandate of this advisory body shall
be to participate in the development of the long-term strategic revitalization plan and the annual action plans concerning language revitalization
14.6. This body shall be linking the community
needs with the planning and policy activities of the government in regards to aboriginal languages revitalization
Aboriginal Languages Centre
While the Aboriginal Languages Authority and the Aboriginal Languages Advisory Committee would be concerned with strategic planning and policy development relating to the revitalization of aboriginal languages, the Aboriginal Languages Centre would be tasked with language activities and program delivery aspects of a comprehensive revitalization regime.
15. Support and fund an Aboriginal Language
Centre (ALC) outside of government tasked with: 15.1. providing central resources and supports
necessary for language protection, revitalization, maintenance and modernization (for example linguists, community development/capacity building, collaboration with existing programs)
15.2.
functioning as a clearing house for resources developed by language groups and with funding from the GNWT
15.3.
developing an aboriginal languages resource website
15.4. accelerating the development of Unicode
Dene fonts
15.5.
coordinating the development and offering of interpreter/translator training and standards (can be in collaboration with other agencies; for example, the
existing pilot project through the Akaitcho Government).
15.6. developing adult language training and
other initiatives to increase the day-to-day use of aboriginal languages that can be adapted and used by the different language communities
15.7.
other activities as identified and supported by the language communities
15.8. maintain an ongoing working relationship
with the language communities and the Aboriginal Languages Authority
15.9.
providing an annual report to the Aboriginal Languages Authority
Note: There is nothing that shall prevent the installation of an Aboriginal Languages Centre within any existing language society. Language community groups and organizations shall be consulted before the structure of the Aboriginal Languages Centre is decided on.
Mandate Of The Languages Commissioner Devolved
16. The implementation of our recommendations to
create an Official Languages Secretariat and to strengthen government’s commitment to service oriented legislation makes the position of the Languages Commissioner no longer necessary. Similar to the setup of most other Canadian jurisdictions, the Official Languages Secretariat, if provided with adequate powers, could address and resolve complaints regarding government services, while the Aboriginal Language Authority could ensure the progress of the aboriginal language protection regime.
17. If the term of the Languages Commissioner
appointed under the exiting Official Languages Act has not expired when the new official languages services regime comes into force, then the Languages Commissioner shall be repositioned in the Official Languages Secretariat to ensure continuity during the transitional period until the Commissioner’s term of office has expired.
Minister Responsible For Official Languages Services And The Protection Of Aboriginal Languages
18. Designate a Minister responsible for Official
Languages Services and the Protection of Aboriginal Languages and place the Official Languages Secretariat and the Aboriginal Languages Authority with the Department of the Executive to ensure accountability for the government-wide implementation of the Official Languages Services Act and the aboriginal languages protection regime is in place.
19. Make the creation of a government-wide long-
term strategic/implementation plan for official languages services and the strategic plan for aboriginal language protection a responsibility of the Minister and establish these responsibilities in legislation and policy.
20. Make the creation of departmental/institutional
official languages services implementation plan with annual reporting on measures a responsibility of each government institution.
21. Strategic and implementation plans must
include financial needs assessments that would allow the Minister to bring budget requests forward during the established business planning cycle.
22. Make strategic and implementation plans for
official languages services and aboriginal languages protection publicly available.
23. Include annual updates on the implementation
of these plans including activities of the Official Language Secretariat, the Aboriginal Languages Authority and government institutions part of the reporting requirements of the Minister’s Annual Report on Official Language Services and Aboriginal Language Protection.
Mr. Speaker, I am going to pass off the continued reading of the executive summary to Mr. Menicoche. Thank you.