Marsi cho, Mr. Speaker.

Competing Privileges

Parliamentary privilege can be a difficult concept for many people to understand. However, it is a concept fundamental to the smooth and effective functioning of the Legislative Assembly. Parliamentary privilege is the sum of the rights or privileges enjoyed by the Legislative Assembly as an institution and by its Members individually, without which Members could not do their jobs as legislators and which are not possessed by other institutions or individuals. For our Legislative Assembly, Rule 20(1) outlines the privileges of a Member as:

• freedom of speech;
• freedom from arrest in civil matters;
• exemption from jury duty;
• exemption from attendance as a witness in court while the House or a committee is sitting; and
• freedom from obstruction and intimidation in relation to their duties as elected representatives.

The privileges of the House include:

• the power to maintain order and to discipline for breaches of privilege and for contempt of the House. Contempt of the House may include disobedience to its orders, misconduct before it, affronts against its dignity and authority, and any act or omission which impedes or obstructs the House or its Members in the performance of their duties; and
• the right to regulate its internal affairs, including the right to set its own rules and to exercise control over publications.

The point of privilege raised by the Member for Monfwi on March 10, 2020, suggested the lack of interpretation impeded or prevented him from performing his parliamentary functions as a Member. Committee believes this represents an imposition upon the privilege of the Member for Monfwi. The remedy sought by the Member was an adjournment of proceedings. This, it would appear, conflicts with the right of the Assembly to regulate its internal affairs. The Assembly has by law limited its own privileges. Section 1 of the Official Languages Act clearly identifies the "government institution" to which the act applies includes the Legislative Assembly. Further, Section 6 of the act provides that "everyone has the right to use any official language in the debate and proceedings of the Legislative Assembly."

Committee does not recommend any further limits to the privilege of the Assembly. Committee recognizes that the Speaker has the ultimate authority and responsibility to make decisions regarding the proper functioning of the Assembly. However, committee makes the following recommendation.

Recommendation 5

The Standing Committee on Rules and Procedures recommends that, should a comparable situation arise in the future, the Speaker give strong consideration to a recess in, or adjournment of, proceedings until such a time as adequate interpretation can be provided.

Mr. Speaker, I will say a few words in my language. [English translation not available] Mr. Speaker, continuing back in English.

Recommendation 6

The Standing Committee on Rules and Procedures recommends that the Speaker and Board of Management develop a rights-based official languages policy for the Legislative Assembly and that the policy come into effect prior to the end of this Assembly.

In keeping with the Official Languages Act, any forthcoming official languages policy must recognize the right to use any official language in the Legislative Assembly. It must also lay out the operational procedures and policies that will be developed and implemented to preserve and enhance the use of our official languages. The policy should highlight the role of the Legislative Assembly as a champion of official languages, including, but not limited to:

• a commitment to provide simultaneous interpretation of House proceedings into all official languages to the greatest extent possible;
• recognition of exceptional circumstances, such as the ongoing COVID-19 pandemic, which may result in an inability to provide simultaneous interpretation in all official languages;
• recognition of the challenges that can be faced in finding qualified interpreters into all official languages, that the challenges may become more pronounced as the current complement of interpreters retire from the profession, and clear definition of the best practices and reasonable efforts that must be undertaken in trying to do so;
• a plan for a stepwise expansion of official languages services within the Legislative Assembly;
• a plan to incorporate interpreters and official languages services into the orientation program for Members of future Legislative Assemblies;
• a plan to engage interpreters in regular and ongoing training on the proceedings of and terminology specific to the Legislative Assembly;
• a plan to seek regular feedback from interpreters and speakers of our official languages on the quality of interpretation services provided;
• a plan to develop and implement training for remote interpretation, which would allow interpreters to provide effective services from their home communities;
• a plan to standardize the hiring practices and contracts for interpreters employed by the Legislative Assembly;
• a stepwise plan to make the majority of Legislative Assembly publications available in all official languages, beginning with the Orders of the Day and the Votes and Proceedings;
• a plan to make translation services in all official languages available to Members of the Legislative Assembly; and
• a plan to allow the inclusion of all official languages other than English into Hansard by allowing Members of the Legislative to submit typed text of any statement made in the Assembly in any official language, which is consistent with this committee's recommendations in its Report on Remote Sittings.

Further, any official languages policy should be available on the Legislative Assembly website in all official languages. Committee recognizes that a thorough official languages policy is a significant undertaking and it may not be possible to fully implement all aspects of such a policy during the life of this Assembly. Committee also recognizes that, as technologies evolve, new issues raised, and new solutions identified, it will be necessary to update any forthcoming official languages policy. To that end, committee envisions an official languages policy that will be regularly updated and shared with the public and future committees.

Mr. Speaker, with that, I would like to turn the report over to my colleague for Nunakput.