Key pieces are still missing in this puzzle
Equal status with French and English still lacking, say Emmanuelle Richez, Rebecca Major and Tejas Pandya.
The government recently tabled Bill C-91, “An Act Respecting Indigenous Languages,” in the House of Commons. This long-awaited and overdue piece of legislation is a step forward in revitalizing and promoting Indigenous languages, which have suffered greatly due to centuries of colonization and cultural genocide. Bill C-91 establishes an Office of Commissioner of Indigenous Languages that will be responsible for conducting research on the use and vitality of Indigenous languages, funding language revitalization and promotion programs, and managing complaints made under the act.
Unfortunately, the proposed bill does not recognize new enforceable language rights for Indigenous Peoples, nor does it give official status to Indigenous languages that French and English already enjoy. Crucially, it does not give Indigenous communities a central role in the revitalization and promotion of their languages.
Bill C-91 indeed recognizes that the constitutional rights of Indigenous Peoples include those related to Indigenous languages. Nevertheless, it does not articulate clearly what those language rights are, apart from the “soft” right to revitalize and promote Indigenous languages. While it is true that Bill C-91 strives to advance the language rights goals of the United Nations Declaration on the Rights of Indigenous Peoples, it does not do so fully. For example, it does not provide for Indigenous Peoples to be understood in all political, legal and administrative proceedings in their native tongue. Bill C-91 allows federal institutions to translate documents and to provide interpretation services, but it is not mandatory. Under the Official Languages Act of Canada, these rights are recognized for French and English speakers. Thus, Bill C-91 fails to elevate Indigenous Peoples to an equal standing.
Arguably, recognizing more than 90 Indigenous languages in Canada as official languages would involve spending astronomical sums of money. However, just as services in French and English are dependent on demand in certain territorial areas, the same principle could apply to Indigenous languages. As it stands, Bill C-91 has fewer teeth than legislation that recognizes Indigenous languages as official languages in the Canadian Territories. For example, the Northwest Territories (N.W.T.) Official Languages Act decrees that nine Indigenous languages hold official status, alongside English and French. Moreover, N.W.T. language laws allow for Indigenous languages to be used in legislative proceedings and courts, as well as access to government programs and services in official languages, to a reasonable extent.
Although Bill C-91 provides for consultation with Indigenous governments, it does not give them the responsibility to promote and revitalize their languages. As evidenced with opposition from Inuit Tapiriit Kanatami, some believe that there has not been enough consultation on this legislation, and it is therefore yet another colonial framework. Bill C-91 specifies that the federal government may enter into agreements to further the revitalization of Indigenous languages, but this is not mandatory nor is it the main focus of the legislation. Understanding that language revitalization happens at the community level, we believe the optimal method of language promotion is the inclusion of language rights provisions in treaties between Indigenous communities and the Crown.
Currently, treaty commissions acknowledge language rights and protections as potential elements of modern-day agreements. Instead of imposing a “one-size-fitsall” solution, treaties take into account the differing needs of communities and thus have a greater chance of success. This approach is the preferred option of Indigenous Peoples because treaties permit a nation-to-nation relationship recognizing inherent rights to self-government. An Office of the Commissioner of Indigenous Languages does not ensure that languages will continue to exist, just as an Office of the Treaty Commissioner does not ensure treaties are honoured or settled, but provides oversight and support. The work happens at the Indigenous grassroots level and must rely on adequate resources for language expansion.
The Trudeau government has understood the urgency of revitalizing and promoting Indigenous languages in Canada and the proposed legislation has taken positive steps to address a dire situation. As Indigenous and ally scholars, we hope the bill will be amended in its subsequent readings to reflect the true aspirations of Indigenous Peoples: rights recognition, equal status as a founding nation in Canada, and self-government. Emmanuelle Richez is assistant professor of political science at the University of Windsor and expert member of the Official Languages Panel of the Court Challenges Program of Canada. Rebecca Major is assistant professor of political science at the University of Windsor and former Métis regional director in Saskatchewan. Tejas Pandya is an outstanding scholar of political science at the University of Windsor.