Abstract
This chapter employs the concept of ‘consequentialist’ multinational federalism as a means to assess the current state of federal, provincial and territorial measures to protect Indigenous languages in Canada. In arriving at its assessment, this chapter first explores past practices aimed at assimilating Indigenous Peoples and recent calls for action in Indigenous language matters, and, in so doing, provides the contextual backdrop for this chapter’s discussion. Second, the chapter provides a summary of the breadth and limitations of existing Indigenous language rights protections at the federal, provincial and territorial, and treaty, levels. Third, and following from the previous point, the chapter offers preliminary insight into what ‘symbolic’, and more importantly, ‘consequentialist’ multinational solutions might look like in response to calls for action in Indigenous language matters and in redressing the limitations of existing federal, territorial and provincial Indigenous language rights protections. This chapter concludes that ‘consequentialist’ multinational solutions to protecting and preserving Indigenous languages would entail, as preconditions, strengthening Indigenous sovereignty through treaties and enshrining nation-to-nation negotiation but that, for a number of reasons, these solutions might be difficult to achieve.
The authors of this manuscript are non-Indigenous and write from a settler’s perspective. As allies of Indigenous Peoples, they seek to identify ways Canadian federalism can be adapted to increase the vitality of Indigenous languages.
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Notes
- 1.
Section 35(2) of the Constitution Act, 1982 identifies three categories of ‘aboriginal peoples’: Indian, Inuit and Métis.
- 2.
Sources differ on how many Indigenous languages there are as it depends on how the languages are categorised.
- 3.
Phil Fontaine, the Assembly of First Nations Leader at the time, was disappointed that the Pope did not give an official apology, but hoped that the Pope’s words would be enough ‘[to]‘close the book’ on the issue of apologies for residential school survivors’ (CBC News 2016). However, Fontaine later stated that his words had been taken out of context and that ‘[he] would never say anything to diminish what happened nine years ago, but I also call on the Catholic Church, and the Canadian Conference of Catholic Bishops, to honour its commitment to reconciliation and healing’ (CBC 2018).
- 4.
No further action on the bill has been taken as of January 2020 (time of writing).
- 5.
Upon condition of their request being accepted.
- 6.
Shannen was an Attawapiskat First Nation youth who petitioned the federal government to improve its funding for First Nations education. Shannen passed away at 15 before her dream was realised.
- 7.
As of 2018, 26 modern treaties have been signed and more than 70 are currently under negotiation (Land Claims Agreements Coalition 2019) and, as Abele and Prince (2009, 576) contend, this is leading, slowly but surely, to the development of a third level of government in Canada. Within this emerging context, The Government of Canada ’s Approach to Implementation of the Inherent Right and the Negotiation of Aboriginal Self-Government has underscored the importance of including linguistic rights in modern treaties (Crown-Indigenous Relations and Northern Affairs Canada 2010). However, only a few of the comprehensive land claim agreements that have been finalised have also included protections of linguistic rights (Leitch 2006, 115). This is because an interim comprehensive claims policy, Renewing the Comprehensive Land Claims Policy: Towards a Framework for Addressing Section 35 Rights (Aboriginal and Northern Affairs Canada 2014) does not mandate that language protections be included (Richez et al. 2019, 3).
- 8.
For example, the Nisga’a Treaty specifies that ‘Nisga’a citizens have the right to practice the Nisga’a culture, and to use the Nisga’a language, in a manner consistent with t[he] Agreement’ (chapter 2 s 7).
- 9.
An example in the category of police services delivery is found in the James Bay Agreement (1975, s 19.1.9), which states that the training for police candidates at the Quebec Police Institute ‘shall be conducted in both French and English, and in the Cree language where appropriate’. Additionally, books and other appropriate training material for police candidates at the Institute should be provided in Cree ‘when possible’ (James Bay Agreement 1975, s 19.1.9).
- 10.
The Labrador Inuit Land Claim Agreement (2005) is the only treaty to include protections for Indigenous languages in the delivery of healthcare services. It states that the Nunatsiavut government may make laws that ensure translation and interpretation in Inuktitut for medical purposes (Labrador Inuit Land Claim Agreement 2005: s 17.13.1 (j)).
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Richez, E., Pandya, T. (2020). Ensuring a Future for Indigenous Languages in Canada: Can ‘Consequentialist’ Multinational Federalism Provide an Answer?. In: Gagnon, AG., Tremblay, A. (eds) Federalism and National Diversity in the 21st Century. Federalism and Internal Conflicts. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-38419-7_12
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