In the Legislative Assembly on March 27th, 2023. See this topic in context.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5885

Rylund Johnson

Rylund Johnson Yellowknife North

Thank you, Mr. Speaker. Your Standing Committee on Government Operations is pleased to provide its report on the 2021-2022 Review of the Official Languages Act and commends it to the House.

INTRODUCTION AND SUMMARY

Over the last two years, the Standing Committee on Government Operations reviewed the Official Languages Act. This law protects speakers of the NWT's eleven official languages and outlines language rights, rules, and responsibilities in different parts of government. This law requires a review about every five years. Previous committee reviews were released in 2003, 2009, and 2015.

For our 2021-2022 review, committee aimed to collect input from Northerners on the effectiveness of the Official Languages Act, recommend changes to better protect and revitalize official languages, and ensure changes are implemented. The COVID-19 pandemic delayed our review, but committee pushed for changes before the end of the 19th Assembly.

This report describes how the public participated in the review and summarizes what committee heard. Participants shared many examples of how the languages approach of the Government of the Northwest Territories falls short of Northerners' needs and rights, and many suggestions for improvements. Statistics back up what residents are saying: Indigenous language communities continue to lose speakers, but many more people want to learn the language.

The report also outlines committee's call to overhaul the government's approach to official languages, starting with four transformative changes:

  1. Implementing the right to receive services in your official language of choice;
  2. Implementing the right to K to 12 immersion education in your local language;
  3. Doubling resources to support and revitalize Indigenous languages; and
  4. Support of official language speakers in the public service.

Committee urges the government to begin making these changes now and complete them in the 20th Assembly.

DESPITE PANDEMIC DELAYS, COMMITTEE PUSHED FOR CHANGES

In early 2021, committee set out to travel across the NWT. Unfortunately, our plans were repeatedly postponed due to the COVID-19 pandemic.

In December 2021, committee realized that we could not finish our review of the Official Languages Act in time to make changes to the law before the end of the 19th Assembly. However, almost twenty years had passed since the law had last been updated, and in that time many important and straightforward amendments had been suggested. Therefore, committee urged the Minister responsible for Official Languages to work with us to develop legislation before our review was complete. The Minister agreed and invited our input.

In response, committee reviewed all past suggestions for changes to the Official Languages Act since 2003, the last time the law was changed. Committee identified about 50 past suggestions and prioritized 12 of them for the new bill. The Department of Education, Culture and Employment accepted some of our priorities and put them into Bill 63: An Act to Amend the Official Languages Act. Bill 63 would:

  1. Clarify and strengthen the role of the Languages Commissioner;
  2. Merge the two languages boards; and
  3. Update the law's preamble to recognize the impact of colonialism and the relevance of the United Nations Declaration of the Rights of Indigenous Peoples.

While committee was pleased with these changes, we were also disappointed that the bill was not more ambitious. We wrote a report about our review of the bill entitled Report on Bill 63: An Act to Amend the Official Languages Act. In that report, committee recommended a second phase of legislative changes to improve the government's approach to official and Indigenous languages. Those changes should start in the life of the 19th Assembly and respond to the recommendations contained in this report. It is a known fact that the 20th Assembly is not obligated to follow up or consider any recommendations this Assembly makes. Furthermore, it may not be their priority.

I will now turn it over to the Member for Kam Lake. Thank you, Mr. Speaker.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5886

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Yellowknife North. Member for Kam Lake.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5886

Caitlin Cleveland

Caitlin Cleveland Kam Lake

Thank you, Mr. Speaker.

PARTICIPANTS ACROSS THE NWT WERE CLEAR ON NEED FOR CHANGE.

In October 2020, committee held public briefings with the Languages Commissioner and the Minister responsible for Official Languages and his staff. Between June 2021 and October 2022, committee engaged the public. 74 people from across the NWT participated in public meetings, including 33 residents, organizations, and governments that provided formal oral comments.

During this time, committee was inspired by NWT residents doing amazing things to reclaim their languages, teach young people with limited resources, and advocate for changes to help their language communities survive and thrive.

We were especially moved by what elders had to say. They reminded committee of the horrific role of the Indian Residential Schools system in the loss of Indigenous languages - but also Indigenous peoples' determination to keep their language. One survivor shared: "Even we whispered, and we get slapped. Sometimes we bleed from our mouths, we get hit. And you're so scared. You just wish you could go home, and you were a long way from home [...] And today, when we're trying to teach our young people to speak, that thing is with us [...] I don't know why they didn't want us to speak our language. But we held on to it."

The harmful legacy of residential schools and colonization, and the need for reconciliation and recognition of Indigenous rights, were major themes that committee heard from residents. Other important themes were:

  1. Visibility. Indigenous languages need to be more visible in daily life.
  2. Education. Barriers to revitalization can be overcome with more funding, training, educational resources, instruction time, and rights to immersion education.
  3. Program funding. Existing funding for Indigenous-language education and revitalization is not enough and must be increased. Funding requirements should be tailored to applicants' needs and flexible for creative approaches.
  4. Services. The government should improve access to quality services in official languages by enhancing active offer, standards, and rights to service.
  5. Public service. The government should promote using and learning official languages in the public service by increasing Indigenous representation, providing more training, and recognizing the value of knowing a second official language.
  6. Legislation and rights. More needs to be done in law to protect rights and revitalize languages, including adding Michif as an official language and setting up new bodies and policies for language revitalization.
  7. Languages Commissioner. The role should be clarified and strengthened. And,
  8. Languages Boards. A merged board needs a better nomination process, a clearer role, and more effective representation, transparency, and resources.

Committee provided more detail on these themes in an appendix to this report. We recommend the government review and consider residents' input on official languages.

STATISTICS SHOW INDIGENOUS LANGUAGES ARE DECLINING AND ENDANGERED

Statistics confirm a trend committee heard on the road: Indigenous language communities in the NWT are not creating enough new speakers to sustain their languages. From 2014 to 2019, eight of the nine Indigenous official languages lost speakers, resulting in a total decline from 7,900 to 6,800 Indigenous language speakers. According to UNESCO, an agency of the United Nations, all nine Indigenous official languages are endangered, meaning they're at risk of disappearing. Inuvialuktun and Dinjii Zhu' Ginjik -- thank you very much, MLA for Inuvik Twin Lakes -- Gwich'in, are the most severely endangered languages, with 560 and 290 speakers in the NWT, respectively.

The age profile of current speakers is also concerning. Half of the 6,800 Indigenous language speakers are over 50 years old and one-fifth are over age 65. In almost every community, committee heard that young people are losing the Indigenous language, and elders find that they are unable to communicate with them in their Indigenous languages.

A 2019 survey by the NWT Bureau of Statistics gives reason for hope. This survey found that thousands of residents, Indigenous and non-Indigenous, want to improve their conversational skills in each of the nine Indigenous official languages. For instance, while less than 1,400 Northerners speak Dene Zhatie, nearly 5,000 Northerners want to improve their Dene Zhatie. This extends to all nine languages. The desire to learn each language is three and fourteen times higher than the number of actual speakers.

Despite attempts to eradicate Indigenous languages, many people remain passionate about reclaiming this right. Committee is convinced there is incredible potential to revitalize all language communities. Revitalizing languages is not just a hope - it's a right. Article 13 of the United Nations Declaration on the Rights of Indigenous Peoples says that: "Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures [...] States shall take effective measures to ensure that this right is protected."

Article 13 matters because it confirms the government's unique duty to protect Indigenous peoples' language rights and prevent the loss of valuable knowledge and traditions. While the GNWT has made improvements, anecdotal evidence and the statistics suggest that the government is not fulfilling its language responsibilities under the Declaration.

Mr. Speaker, I would like to pass the reading of this report to my colleague from Tu Nedhe-Wiilideh. Thank you.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5887

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Kam Lake. Member for Tu Nedhe-Wiilideh.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5887

Richard Edjericon

Richard Edjericon Tu Nedhe-Wiilideh

Thank you, Mr. Speaker.

FOUR CHANGES TO OVERHAUL GNWT LANGUAGES APPROACH

1. Implement the right to receive services in your official language of choice

Since 1984, the Official Languages Act has set out the public's right to government services in an official language. That right exists where there is "significant demand" or where it is reasonable given "the nature of the office."

However, the concepts of "significant demand" and "nature of the office" have been criticized for years because they are unclear and do not work for the NWT. These concepts make it hard for residents to understand their right to demand services from the government in any official language.

Committee believes that each resident is a language rights holder, regardless of where they are and which office they interact with. These rights extend to the descendants of the language speakers, especially if they lost their language. Language rights should ensure "substantive equality" - this means using targeted measures to address underlying barriers and achieve true equality. Language rights should also be remedial in nature, meaning that they address inequalities and past injustices.

Practically speaking, the government has far to go to implement this expansive vision for language rights. But even the Minister has expressed hope that the NWT will "one day realize the vision of service delivery similar to what we see for French language services for all of our official languages." Committee therefore recommends:

Recommendation 1: That Government of the Northwest Territories recognize the right of each resident to receive services in the official language of their choice.

This right should go beyond the concepts of "significant demand" and "nature of the office," and follow the principles of substantive equality. As such, the GNWT should consider quantitative and qualitative characteristics when determining service levels to each official languages' community. This right should also be remedial in nature, designed to counter the gradual decline of Indigenous official language speakers.

Residents expressed a desire to see more Indigenous-languages signage on a day-to-day basis. The government has a guidelines manual requiring new and replacement signs to display local Indigenous official language. The rules only apply to territorial institutions. The department is currently updating the guidelines. Committee welcomes that work but recommends that the government accelerates the transition towards more Indigenous language signage in the built environment. We therefore recommend:

Recommendation 2: That Government of the Northwest Territories set up a policy and a plan to display more Indigenous language signs before the 19th Assembly ends.

The policy should require all new signs at all territorial public bodies and community governments to prominently feature the local Indigenous official languages. The plan should set targets and offer funding for new Indigenous language signs.

In the NWT, the Metis are the only Indigenous group whose traditional language is not recognized as an official language. Committee heard interest in adding Michif as an official language in Hay River.

This idea is not new. In 2002, a special committee developed a discussion paper about Michif in the NWT and recommends further research to figure out how the language should be recognized. The Languages Commissioner also recommended reconsidering whether Michif should be an official language in 2016. As there is no recent publicly available research on Michif in the NWT, committee believes more study is necessary and recommends:

Recommendation 3: That the Department of Education, Culture and Employment commission a study on the state of Michif in the NWT and options to recognize Michif in the Official Languages Act. The study should be tabled in the House within the first 18 months of the 20th Assembly.

2. Implement the right to K to 12 immersion education in your local language.

Committee heard a strong and clear desire for more Indigenous languages in education, including more intergenerational learning opportunities, more instruction time, and K to 12 immersion options in each community. However, there are more formidable barriers such as lack of fluent young people to replace retiring teachers and too few language instructor training opportunities at Aurora College.

Committee believes that the long-term goal needs to be a right for full K to 12 immersion in your local official language. Anything less would fall short of UNDRIP Article 14 which says: "States shall, in conjunction with Indigenous peoples, take effective measures, in order for Indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language."

Committee believes upcoming work to renew the Education Act must prioritize languages revitalization and aim to make a plan to achieve full immersion in the future. We note that Nunavut's Education Act sets out a long-term schedule to phase in bilingual Inuktut education for all grades by 2039. The Standing Committee on Government Operations recommends:

Recommendation 4: That the Department of Education, Culture and Employment implement an exercisable right for Northerners to full K to 12 immersion in each local Indigenous official language. To achieve this vision, ECE should prioritize Indigenous language revitalization in the ongoing Education Act modernization.

Recommendation 5: That the Department of Education, Culture and Employment help ensure Indigenous languages early childhood education is available in each community. To achieve this vision, ECE should provide additional and sufficient funding to program operators that use Indigenous languages.

Thank you, Mr. Speaker. I'd like to turn this over to my colleague, the Member from Thebacha. Mahsi.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5887

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Tu Nedhe-Wiilideh. Member for Thebacha.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5887

Frieda Martselos

Frieda Martselos Thebacha

3. Double resources to support and revitalize Indigenous languages

Committee heard clearly that funding for Indigenous-language education and revitalization is not enough to ensure language communities survive. This unanimous sense of underfunding exists despite recent increases in language funding. The Government of the Northwest Territories now spends around $21 million each year on Indigenous language programming, up from $14 million ten years ago.

To gauge the potential funding gap, committee compared the Government of the Northwest Territories' Indigenous language funding with its French-language funding. Committee acknowledges this comparison is far from perfect: these language communities have different histories, circumstances, and needs; and, the government's responsibilities to these communities are different based on constitutional and international law.

Committee compared French-language funding per French-speaker with Indigenous language funding per Indigenous residents. Looking at Indigenous residents, rather than current Indigenous-language speakers, is appropriate because Indigenous language rights extend to all Indigenous people, including those who have lost the language.

Committee found that the Government of the Northwest Territories' French-language funding is around $2,200 per French speaker compared to Indigenous-language funding of around $1,100 per Indigenous person. This puts the funding gap at $1,100 per Indigenous person. To close this gap, the Government of the Northwest Territories would have to double per-person Indigenous-language funding. The total cost would add up to an additional $22 million per year. More details on this calculation are included in Appendix C of this report.

Committee believes that increasing funding by at least this amount is necessary to reverse the decline in Indigenous-language speakers and revitalize language communities. Committee therefore recommends:

Recommendation 6: That the Government of the Northwest Territories double funding for Indigenous-language education, services, and revitalization.

Recommendation 7: That the Government of the Northwest Territories reimburse use of an Indigenous official language as an eligible expense for all programs, grants, and contributions. These funding agreements should be multi-year to reduce administrative burden and improve sustainability.

Educators and language experts brought up the problem of fragmentation among language communities in developing resource materials. Committee heard one example of a southern publisher charging $20,000 to allow an education resource in one Indigenous language to be translated into another.

Participants thought the department could do more to "minimize the reinvention of the wheel" so that educational resources can be translated easily and affordably. One promising suggestion was for a "creative commons" - a digital space for people to share and collaborate on educational resources. Existing resource hubs, like the Our Languages NWT platform, do not particularly promote decentralized content creation and digital collaboration. Committee therefore recommends:

Recommendation 8: That the Department of Education, Culture and Employment set up a creative commons for Indigenous-language resource materials.

The creative commons should build on the Our Languages NWT platform and offer an accessible digital space. It should allow creators and users to share and collaborate on educational materials, language-learning apps, curricula, grant applications, and other resources.

Mr. Speaker, I'd like to now turn this over to the Inuvik Twin Lakes Member. Thank you.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5888

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Thebacha. Member for Inuvik Twin Lakes.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5888

Lesa Semmler

Lesa Semmler Inuvik Twin Lakes

Thank you, Mr. Speaker.

4. Support of official language speakers in the public service

The Government of Canada has committed to preserving, promoting and revitalizing Indigenous languages in Canada (Indigenous Languages Act, 2019). Supporting the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen Indigenous languages also responds to Calls to Action 13, 14 and 15 of the Truth and Reconciliation Commission of Canada. Keeping Indigenous languages alive contributes to implementing the United Nations Declaration on the Rights of Indigenous Peoples. Specifically, Article 13 recognizes the right of Indigenous peoples to revitalize, use, develop and transmit their languages and traditions to future generations and indicates that states should take adequate measures to ensure these rights are protected.

The government's duty to protect language rights extends to its role as an employer of over 6,300 public servants. However, current efforts appear modest. In 2021-2022, only 340 employees, or 5 percent of the workforce, received a bilingual bonus. The bonuses were worth only $560,000, or 0.1 percent of total human resource costs. The government also gives an allowance to teachers using an Indigenous official language, but it has decreased from 105 teachers getting the allowance in 2010 to fewer than 40 teachers receiving it now.

In the spirit of reconciliation, it is imperative that the Government of the Northwest Territories steps up and does much more as an employer. After all, the loss of Indigenous languages in this country directly relates to residential schools.

The public service must support Indigenous language speakers proactively. The employer should be responsible for identifying and supporting employees who want to learn the language of their heritage and culture rather than demanding Indigenous persons achieve and prove bilingual proficiency in an independent path. Departments and agencies should prepare an annual action plan to support and grow the official Indigenous languages. The plans should include funding, targets, and regular reporting. Committee recommends:

Recommendation 9: That each department and agency be required to have an annual official languages action plan to improve and revitalize the language skills of its Indigenous employees.

The plans should identify objectives, actions, performance measures, and multi-year targets. The plans should be supported by an updated bilingual designation policy creating a new category of bonuses for Indigenous employees learning to speak an official Indigenous language. Each department and agency should be responsible for identifying Indigenous employees wanting to learn the Indigenous language of their heritage and culture, helping identify access to learning opportunities, providing financial support, and assisting access to language proficiency assessments where available.

Recommendation 10: That each department and agency be required to create an individual language training account for each person. The account should guarantee each Indigenous employee a minimum number of hours of language training, in any Indigenous official language, as a first or second language.

Recommendation 11: That the Department of Finance set up an Indigenous languages revitalization fund to support Indigenous employees in the effort to reclaim, revitalize, maintain and strengthen their languages.

I'd like to now turn it over to the Member for Yellowknife North. Thank you, Mr. Speaker.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5888

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Inuvik Twin Lakes. Member for Yellowknife North.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5888

Rylund Johnson

Rylund Johnson Yellowknife North

Thank you, Mr. Speaker.

RESTORE INDIGENOUS-LANGUAGE TERMS AND SPELLINGS

Committee was disappointed that Bill 63 did not update colonial terms used in the law like "North Slavey" and "South Slavey." The Minister said that language communities did not agree on new terms, so the terms stayed the same. Committee shares the Minister's hope that the terms can be changed during the next review. Committee therefore recommends:

Recommendation 12: That the Government of the Northwest Territories restore Indigenous language terms and spellings to refer to languages and communities. The GNWT should update all legislation, regulations, policies, guidelines, standards, and communications within the life of the 20th Assembly. The GNWT should also consult Indigenous communities on the changes.

CONCLUSION

This concludes the Standing Committee on Government Operations' Report on the 2021-2022 Review of the Official Languages Act. Committee looks forward to the government's response to these recommendations.

Recommendation 13: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories respond to this report within 120 days.

Thank you, Mr. Speaker.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5888

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Yellowknife North. Member for Yellowknife North.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

March 27th, 2023

Page 5888

Rylund Johnson

Rylund Johnson Yellowknife North

Mr. Speaker, I move, seconded by the Honourable Member for Thebacha, that Committee Report 49-19(2), Standing Committee on Government Operations' Report on the 2021-2022 Review of the Official Languages Act, be received by the Assembly and moved into Committee of the Whole for further consideration. Thank you, Mr. Speaker.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5888

The Speaker

The Speaker Frederick Blake Jr.

Thank you, Member for Yellowknife North. The motion is in order. To the motion.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5888

Some Hon. Members

Question.

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5888

The Speaker

The Speaker Frederick Blake Jr.

Question has been called. All those in favour? All those opposed? Any abstentions? The motion is carried. The committee report has been received and will be moved into Committee of the Whole for further consideration.

---Carried

Colleagues, we will take a short recess.

---SHORT RECESS

Committee Report 49-19(2): Standing Committee on Government Operations: Report on the 2021-22 Review of the Official Languages Act
Reports Of Standing And Special Committees

Page 5888

The Speaker

The Speaker Frederick Blake Jr.

Reports of standing and special committees. Member for Kam Lake.