Merci, Monsieur le President. The Standing Committee on Rules and Procedures is pleased to report on its review of Motion 5-19(2): Referral of Point of Privilege Raised by Member for Monfwi on March 10, 2020.
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Background
The Legislative Assembly makes interpreters available in most Official Languages when Members are sitting in the Chamber. On March 10, 2020, a Tlicho Interpreter was not available due to a last-minute cancellation. The interpreter scheduled had cancelled for personal reasons. The Member for Monfwi, Mr. Lafferty, rose on a point of privilege. He said the lack of interpretation impeded or prevented him from performing his parliamentary functions as a Member and asked the Speaker to adjourn the proceedings.
The Speaker took the matter under advisement and the proceedings continued. On March 11, 2020, when a Tlicho interpreter was available, the Speaker heard debate on the matter of privilege. Following debate, the Speaker ruled that the matter did raise a question of privilege. He entertained motions on the ruling, and Motion 5-19(2) was referred to this committee for consideration.
After several in camera meetings on the topic, committee held a public hearing on November 17, 2020. Committee received a presentation from Mr. Batiste Foisy at this hearing. In addition, committee received written submissions from Mr. Jackson Lafferty, Member for Monfwi; the Dene Nation; the Gwich'in Tribal Council; the Yellowknives Dene First Nation; and Ms. Mary Rose Sundberg. These written submissions are included as Appendix 1 of this report. Committee thanks all those who made submissions for sharing their views on this important matter.
Official Languages in the Northwest Territories
Since 1990, the Official Languages Act has included Indigenous languages as official languages of the Northwest Territories, giving them equal status within the Government of the Northwest Territories and the Legislative Assembly. The act recognizes the many languages spoken and used by people of the Northwest Territories and is committed to the preservation, development, and enhancement of the Indigenous languages.
The act recognizes 11 official languages: Dene Suline Yatie, Nehiyawewin, English, Francais, Dinju Zhuh K'yuu, Inuinnaqtun, Inuktitut, Inuvialuktun, Sahtuot'ine Yati, Dene Zhatie, and Tlicho. Nine of these official languages are Indigenous languages that belong to three different language families: Dene, Inuit, and Algonquian/Cree. The five Dene languages are Dene Suline Yatie, Dinju Zhuh K'yuu, Sahtuot'ine Yati, Dene Zhatie, and Tlicho. The three Inuit languages are Inuvialuktun, Inuinnaqtun, and Inuktitut. The one Algonquian/Cree language is Nehiyawewin. The revitalization and use of Indigenous languages are important aspects of reconciliation. In their submission, the Dene Nation states, "The acceptance, use, and respect of Indigenous languages is a critical component to the effective reconciliation between the Dene people and the Government of the Northwest Territories."
The 19th Legislative Assembly has identified implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as a priority. It is included in the Mandate of the Government of the Northwest Territories for 2019-2023. Article 13 of UNDRIP states:
"Indigenous peoples have the right to revitalize, use, develop, and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems, and literatures, and to designate and retain their own names for communities, places and persons.
States shall take effective measures to ensure that this right is protected and also to ensure that Indigenous peoples can understand and be understood in political, legal, and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means."
In their submission, the Dene Nation states that article 13.2 of UNDRIP "is practically facilitated through the consistent use of translation and interpretation services for all of the territory's official languages in all legislative proceedings."
Mr. Speaker, I would like to turn it over to the honourable Member for Nahendeh to continue the report. Mahsi.