EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
Just a reminder that there’s a meeting of the Management and Services Board tomorrow morning at ten o’clock in the Tuktu Boardroom.
Speaker (interpretation): Thank you. (interpretation ends) This House stands adjourned until Tuesday, March 1, at 1:30 p.m.
>>House adjourned at 17:57 Appendix – February 29, 2016
Report on the Review of the 2013-2014 Annual Report of the Languages Commissioner of Nunavut and the 2012-2013, 2013-2014 and 2014-2015 Annual Reports of the Inuit Uqausinginnik Taiguusiliuqtiit
Winter 2016 Sitting
Pat Angnakak, Chair
Alex Sammurtok, Co-Chair
Section 24 of the Official Languages Act provides that:
The Languages Commissioner, shall, within 12 months after the end of each fiscal year, prepare and submit to the Speaker of the Legislative Assembly an annual report on the conduct of the office and the discharge of the duties of the Languages Commissioner during the preceding year, including
the appointment and activities of an acting or special Languages Commissioner during the preceding fiscal year;
a description of the number and type of applications and requests made under this Act and under the Inuit Language Protection Act, the status or resolution of the applications or requests that were active during the preceding fiscal year and information about any instances where recommendations made by the Languages Commissioner after an investigation have not been followed; and
an assessment of the effectiveness of the enforcement powers exercised and duties performed by the Languages Commissioner, with any recommended changes that the Languages Commissioner considers necessary or desirable to improve compliance with this Act or the Inuit Language Protection Act.
The Speaker shall cause the annual report to be laid before the Legislative Assembly as soon as is reasonably practicable.
Section 23 of the Inuit Language Protection Act provides that:
The Inuit Uqausinginnik Taiguusiliuqtiit shall, within nine months after the end of each fiscal year, prepare and submit to the Minister and to the Speaker of the Legislative Assembly an annual report on the performance of its statutory duties and exercise of statutory powers, including the following information:
the activities of the Inuit Uqausinginnik Taiguusiliuqtiit during the preceding fiscal year;
(a.1) copies or summaries, as the Inuit Uqausinginnik Taiguusiliuqtiit
considers to be appropriate, of the reports or recommendations submitted or advice provided to the Minister under paragraph 17(1)(f), if any;
the results achieved;
an assessment of the strength or needs of the Inuit Language;
the priorities of the Inuit Uqausinginnik Taiguusiliuqtiit and any change of priorities made or anticipated in the interest of a more effective response to the needs of the Inuit Language;
any other information that the Minister may require.
The Speaker shall cause the annual report of the Inuit Uqausinginnik Taiguusiliuqtiit to be laid before the Legislative Assembly as soon as is reasonably practicable.
The 2013-2014 annual report of the Languages Commissioner was tabled in the Legislative Assembly on November 9, 2015.
The 2012-2013, 2013-2014 and 2014-2015 annual reports of the Inuit Uqausinginnik Taiguusiliuqtiit (Inuit Language Authority) were tabled in the Legislative Assembly on November 5, 2015.
The terms of reference for the Standing Committee on Oversight of Government Operations and Public Accounts include the mandate to review the reports of the Languages Commissioner of Nunavut and the Inuit Uqausinginnik Taiguusiliuqtiit.
The Languages Commissioner’s responsibilities are established by two pieces of territorial legislation: the Official Languages Act and the Inuit Language Protection Act, both of which were passed in 2008 by the 2nd Legislative Assembly of Nunavut.
Nunavut’s new Official Languages Act came into force on April 1, 2013, while the Inuit Language Protection Act has been coming into force in stages.
The Languages Commissioner of Nunavut has three main areas of responsibility: the investigation and resolution of concerns relating to language rights, providing guidance and support to various bodies and institutions on their obligations and duties with respect to language rights, and the administration of her office.
The Inuit Uqausinginnik Taiguusiliuqtiit was formally established on September 19, 2009, under the Inuit Language Protection Act, to expand the knowledge and expertise available with respect to the Inuit Language, and to consider and make decisions about Inuit Language use, development and standardisation.
The Inuit Uqausinginnik Taiguusiliuqtiit is responsible for developing and approving standardised terminology and expressions in the Inuit language, conducting research and documenting traditional Inuit language terminology, developing standards to ensure that the quality of the Inuit language is maintained, supporting government bodies and other organisations in developing terminology and competency levels, assessing the status of the Inuit language in the territory and recognising achievements of excellence within the territory in relation to the advancement of the Inuit language.
The November 24-25, 2015, appearances of witnesses from the Inuit Uqausinginnik Taiguusiliuqtiit and the Office of the Languages Commissioner before the standing committee took place in the Chamber of the Legislative Assembly.
The standing committee’s hearing was televised live across the territory and was open to the public and news media to observe from the Visitor’s Gallery.
Transcripts from the standing committee’s hearing will be available on the Legislative Assembly’s website.
Issue: Implementation Activities of Territorial Institutions
Section 22 of the Official Languages Act provides that:
It is the duty of the Languages Commissioner to take all actions and measures within the authority of the Languages Commissioner to ensure that Official Language rights, status and privileges are recognized, and the duties respecting the Official Languages are performed.
Without limiting the generality of subsection (1), the duties of the Languages Commissioner include
investigating whether the requirements of this or any other Act, regulation, policy or procedure concerning the Official Languages have been appropriately performed, and providing reports about the results of the investigation and recommendations, if any;
developing mediation and other methods consistent with Inuit Qaujimajatuqangit, and using these methods when appropriate to resolve concerns about the performance of legislative, policy or procedural language obligations; and
commenting on the implementation activities and performance of territorial institutions and municipalities under this Act, and on their compliance with the spirit and intent of this Act.
The Languages Commissioner shall exercise such other powers and perform such other duties as are assigned to the Languages Commissioner by this and any other Act.
Section 28 of the Inuit Language Protection Act provides that:
The Languages Commissioner shall take all actions and measures within the authority of the Languages Commissioner to ensure that the rights, status and privileges established by this Act with respect to the Inuit Language are recognized and performed.
The Languages Commissioner may, on request, advise an organization regarding the specific actions or approaches the Languages Commissioner considers appropriate for compliance with this Act and the regulations.
On the request of the Inuit Uqausinginnik Taiguusiliuqtiit, the Languages Commissioner may provide reasonable assistance to support the informed and effective exercise of a power or performance of a duty of the Inuit Uqausinginnik Taiguusiliuqtiit.
It is important to acknowledge the progress that has been made by the Languages Commissioner of Nunavut in providing more detailed information in her annual reports concerning her office’s activities, plans, and priorities.
In her 2013-2014 annual report, the Languages Commissioner describes the results of her office’s “press release review” and “website review,” which allowed her office to investigate the extent to which government departments were distributing and displaying notices to the public in the official languages, as required under subsection 11(1) of the Official Languages Act.
In her 2013-2014 annual report, the Languages Commissioner also describes the results of her office’s “call verification survey,” which allowed her office to investigate the extent to which head or central offices of government departments were providing active offers in the official languages, as required under subsection 12(7)(a) of the Official Languages Act.
It is noted that in her 2012-2013 annual report, the Languages Commissioner previously provided the results of her office’s 2012-2013 “call verification survey,” which allowed the office to investigate the extent to which the employees’ right to work in the Inuit language was facilitated within the public service, as required by subsection 12(1) of the Inuit Language Protection Act.
In her 2013-2014 annual report, the Languages Commissioner provides information on six formal concerns related to the performance of legislative, policy or procedural language obligations that were received by her office during the 2013-2014 fiscal year.
It is important to acknowledge that the Office of the Languages Commissioner provides an “Our Investigative Procedure” document on its website, which outlines the specific steps to be taken once a formal concern has been submitted with the office.
This document indicates that:
“The Languages Commissioner will advise the parties of the option of going through a mediation process.
If the parties choose to go through a mediation process then the Languages Commissioner or representative will coordinate this process.”
It is also important to acknowledge that, in her 2013-2014 annual report, the Languages Commissioner recommends that regulations be approved and published on language services and communications to be provided by municipalities.
The Languages Commissioner also recommends that the Minister of Languages collaborate with departments and the Inuit Uqausinginnik Taiguusiliuqtiit to develop specialized terminology in the Inuit language to allow for the adequate provision of pharmaceutical services in Nunavut, bring into force sections 3 to 5 of the Inuit Language Protection Act, work towards the establishment of an accredited translation bureau for all official languages, and raise awareness of the role of the Inuit Uqausinginnik Taiguusiliuqtiit.
Subsection 22(2)(c) of the Official Languages Act provides that:
“[T]he duties of the Languages Commissioner include … commenting on the implementation activities and performance of territorial institutions and municipalities under this Act, and on their compliance with the spirit and intent of this Act.”
However, the Languages Commissioner does not indicate in her annual report, and did not provide testimony to the standing committee, during its November 24-25, 2015, televised hearing, to suggest that her office has conducted a review or provided comments on implementation activities such as language development programs or policies of territorial institutions and municipalities, beyond the public service’s statutorily mandated right to work in the Inuit language and the government’s statutorily mandated requirement to provide in all official languages public notices and active offers from central and head offices.
Subsection 13(2)(c) of the Official Languages Act provides that:
“The Minister of Languages shall … coordinate the implementation, monitoring, management and evaluation of language obligations, policies, programs and services by departments of the Government of Nunavut and public agencies.”
Subsection 13(3)(a) of the Official Languages Act provides that:
“The Minister of Languages shall, in consultation with territorial institutions and municipalities, develop and maintain a comprehensive plan for the implementation of language obligations, policies, programs and service by departments of the Government of Nunavut and public agencies.”
It is important to note that section 15 of the Official Languages Act provides that:
The Minister shall, within 12 months after the end of each fiscal year, prepare and submit to the Speaker of the Legislative Assembly and the Languages Commissioner a report that describes
all the activities, results achieved and use of government resources during the preceding fiscal year in relation to the discharge of language obligations;
the establishment, operation or performance of policies, programs and services in this regard; and
any other information that the Minister considers appropriate.
Section 27 of the Inuit Language Protection Act also provides that:
The Minister shall include in a report prepared and submitted under section 15 of the Official Languages Act a separate description of
all the activities, results achieved and use of government resources during the preceding fiscal year in relation to the discharge of language obligations under this Act;
the establishment, operation or performance of policies, programs and services in this regard;
the number and nature of the reports and recommendations provided by the Inuit Uqausinginnik Taiguusiliuqtiit pursuant to subsection 17(1), the government response in each case and, if a report or recommendation has not been accepted or implemented, an explanation for the government response; and
the other information relating to this Act and the regulations that the Minister considers appropriate.
On June 12, 2014, the Minister of Languages tabled the government’s 2011-2012 annual report on its administration of the Inuit Language Protection Act in the Legislative Assembly.
This report included information on the government’s programs and policies to promote, develop, and provide Inuit and French language services in the territory.
The standing committee notes with concern that the Minister has not yet tabled the government’s 2012-2013, 2013-2014, and 2014-2015 annual reports on its administration of the territory’s language legislation.
On October 30, 2012, the Minister of Languages tabled Uqausivut: The Comprehensive Plan Pursuant to the Official Languages Act and the Inuit Language Protection Act in the Legislative Assembly, which was intended to guide the government’s implementation activities and performance under the territory’s language legislation from 2012 to 2016, as required under subsection 13(3) of the Official Languages Act.
The government indicates in its Uqausivut document that the Languages Commissioner had provided a submission to the Minister of Languages to review and comment on the content of the document during its draft stage.
The government also indicates in its Uqausivut document that the Minister of Languages will be responsible for preparing an annual progress report on the government’s work to implement the priorities and actions identified in this document.
The standing committee notes with concern that the Minister has not yet tabled any reports that provide a progress update on the government’s Uqausivut implementation plan.
The standing committee notes that the Languages Commissioner has not formally reviewed or commented on the government’s Uqausivut implementation plan or its activities and performance in meeting the expectations set out in this plan since it was tabled in the Legislative Assembly on October 30, 2012.
Issue: Implementation of Sections 8-10 of the Inuit Language Protection Act
In her 2013-2014 annual report, the Languages Commissioner indicates that her office undertook a one-time initiative to “Research the language protection and revitalization initiatives in early childhood education in Nunavut,” which would allow the office to “provide recommendations supporting the linguistic needs and rights of children in Nunavut in anticipation of the Childcare Act and the Inuit Language Protection Act.”
In her 2013-2014 annual report, the Languages Commissioner also indicates that one of her office’s planned activities for the 2013-2014 fiscal year was to “Monitor progress towards instruction in the Inuit language from kindergarten to grade three and grade four to grade 12.”
However, the Languages Commissioner also indicates in her 2013-2014 annual report that her office decided to continue this work and to measure the education system’s performance by reviewing the Auditor General of Canada’s 2013 report on Education in Nunavut and the Minister of Language’s annual report, anticipating that this report would outline the “status of legislative obligations relating to primary and secondary education.”
Subsection 8(2)(b) of the Inuit Language Protection Act provides that:
“The Government of Nunavut shall, in a manner that is consistent with Inuit Qaujimajatuqangit … develop and implement appropriate Inuit Language competency targets necessary for the achievement of full proficiency for all stages of learning …”
Subsection 9(a) of the Inuit Language Protection Act provides that:
“[T]he Government of Nunavut shall promote early childhood Inuit Language development and learning involving children and their parents at the community level, and shall develop and provide early childhood education materials and programs in the Inuit Language.”
Section 10 of the Inuit Language Protection Act provides that:
“The Government of Nunavut shall develop and provide Inuit Language acquisition and upgrading materials and programs designed for adults who wish to learn or improve their proficiency in the Inuit Language both in community learning environments and through post-secondary education.”
During its November 24-25, 2015, televised hearing, Members asked a number of questions concerning the Office of the Languages Commissioner’s plans to conduct its own analysis of the education system’s activities and performance in relation to the implementation of the Official Languages Act and the Inuit Language Protection Act.
In response, the Languages Commissioner stated that:
“We were actually quite overwhelmed by the level of work by the systemic investigation.
So that took away from some of the work that we had hoped to do, including the work on education.
So I decided for 2015-2016 that [our] annual report will focus on education.”
The standing committee recognizes that the Languages Commissioner may use secondary resources that are available to her office, such as the reports of other organizations and departments, to supplement her office’s work to monitor and investigate the extent to which territorial and municipal governments are fulfilling their statutory language obligations.
However, the standing committee is of the view that the Languages Commissioner must have a direct knowledge of the activities and performance of the institutions that her office monitors and investigates to allow her office to provide comprehensive comments that reflect the specific experience and expertise of her role as language ombudsperson of Nunavut.
Issue: Implementation Activities of Municipalities
Section 7 of the Inuit Language Protection Act provides that:
Every municipality shall make available to the public, regardless of the volume or level of demand, if any, the following additional communications and services in the Inuit Language:
street signs, traffic signs and any maps that may be produced or procured by the municipality;
activities or services delivered by the municipality relating to the social welfare of individuals or the community;
municipal notices to the public, by-law enforcement and ticketing;
interpretation at public meetings and municipal council meetings;
the other prescribed communications or services that the Commissioner in Executive Council considers to be essential as the result of their nature or consequences for individuals, for a community or for Nunavut as a whole.
In her 2013-2014 annual report, the Languages Commissioner indicates that one of her office’s planned activities for the 2013-2014 fiscal year was to “Follow up on the available services and communications provided by municipalities,” and that this activity was to be carried out with the following objectives:
“Ensuring that municipalities’ services and public communication comply with language laws;
Identifying challenges to providing language services and communication; [and,]
Supporting municipalities to be in a position to provide language services.”
During the standing committee’s November 24-25, 2015, televised hearing, the Languages Commissioner stated that:
“We have sent out questionnaires to the communities and asked the hamlet councils about what their roles and responsibilities are, if they knew their roles and responsibilities under the Official Languages Act, and whether they need more information.
We have sent out two sets of questionnaires to the communities, but we had very little response.
We also thought about calling the communities to get the information that we would like to get and to find out whether they know their roles and responsibilities under the Act.”
The standing committee continues to emphasize the importance of ensuring that municipalities are aware of their language obligations and that municipalities have the opportunity to discuss challenges, needs or best practices regarding the provision of services in the Inuit language within the communities.
Subsection 12(8) of the Official Languages Act provides that:
“If there is a significant demand for communications with and services in an Official Language in a municipality, the administrative head of the municipality has the duty to ensure that members of the public entitled to the municipal communications and services prescribed by regulation, can receive them in that Official Language.”
Subsection 38(1)(h) of the Official Languages Act provides that the Commissioner in Executive Council may make regulations:
“[I]dentifying a municipality referred to in subsection 12(8) or setting out the evidence or criteria to be considered in determining whether subsection 12(8) applies to a municipality.”
In her 2013-2014 annual report, the Languages Commissioner makes the following recommendation:
“To provide clarity, the OLC recommends that the Minister of Languages pass regulations on expected language services and communications for all municipalities according to their respective significant demand.”
“We do have the mandate to deal with Inuktitut services in hamlets under the Inuit Language Protection Act, but with regard to English language services, we do not have that authority…
If it is deemed that there is a significant demand under the Official Languages Act, the Minister of Language is supposed to pass a regulation deeming that there is a significant demand in a community for languages of English and French.
Until there’s a regulation identifying that a community has to provide services in English or French, we don’t have the jurisdiction to investigate concerns with municipalities in those languages.
Right now, the only obligation to provide services is for municipalities under the Inuit Language Protection Act, in Inuktitut.”
The standing committee agrees with the intent of the recommendation to ensure that municipal offices make available communications and services in the English or French languages in communities with a significant population of English or French language speakers.
However, the standing committee notes that there are currently no procedures or policies, that have been communicated to the public, which outline the process by which the Executive Council must determine whether a municipality has a significant demand for English or French language services.
Issue: Status of the Systemic Investigation of the Qikiqtani General Hospital
On February 24, 2012, the Office of the Languages Commissioner announced that it would be conducting a systemic investigation to determine the extent to which services provided at the Qikiqtani General Hospital are available in the territory’s official languages.
It is important to acknowledge that the systemic investigation of the Qikiqtani General Hospital was initiated before the current Languages Commissioner assumed her office.