Guide to the Indigenous Languages Act: A Tool for Revitalizing First Nations Languages 2020

Introduction

Who is this guide for?

This guide is intended for all First Nations rights holders, language experts, or organizations that wish to initiate or are already involved in Indigenous-led language revitalization activities. In some places, Indigenous-led language organizations already exist and are ready to implement a language revitalization plan or promote existing initiatives. In others, these plans, activities, and entities will need to be developed and established.

Certain aspects of this guide focus on the early stages of language revitalization and are intended for those who are just starting their project. These sections can still be useful for those wishing to stimulate ongoing efforts. These language activities can take place at the community, regional, or national level and may include partnerships across multiple government jurisdictions, as in the case of the Anishinaabemowin, Dakota, Kanien’kehá, Lakota, and Nakota languages, which cannot be confined by Canada’s provincial, territorial, or national borders.

Objective

This guide is the result of discussions held with rights holders throughout the co-development process of Bill C-91, the Indigenous Languages Act (the Act). Many participants emphasized the importance of issuing a clear statement on the use of legislation as a tool for the revitalization of First Nations languages. While the Act is not necessary for the development and implementation of work to protect and revitalize languages, legislation is essential to ensure that First Nations languages are protected from any future erosion.

This guide aims to help you understand how the federal Indigenous Languages Act (Bill C-91) can support your efforts to reclaim, revitalize, preserve, and strengthen First Nations languages. The ultimate goal, supported and funded by the government through legislation, is to restore the fluency of our ancestral languages and to normalize First Nations languages. This guide describes the steps necessary to set or progress toward your language goals.

Organization of the guide

The first section (Section A) provides general information on the state of First Nations languages and the co-development process that led to the Act. The second section (Section B) provides an overview of the Act and focuses on key elements such as rights, funding, and the creation of the Office of the Commissioner of Indigenous Languages. The third section (Section C) focuses on preparing for the Act’s coming into force and using the Act to promote First Nations-led language initiatives.

It is not necessary to read this guide from cover to cover. However, the general information may be useful for examining the implications of the Act and its impact on you and your work. Terms that are in bold italics when first used are included in the glossary with a definition in the context of First Nations language revitalization.

A Vision for First Nations Languages

The vitality of each language and the level of readiness of each First Nation community are at different stages. The development of language strategies and goals must take into account, reflect, and adapt to these realities. This guide is guided by a long-term vision for the reclamation, preservation, revitalization, maintenance, and strengthening of First Nations languages so that these efforts, led by First Nations peoples, result in the creation of a critical mass of fluent speakers in all our ancestral languages. The goal is that one day, First Nations languages will reach such a level of vitality that they will be used in many contexts, including in our homes, our communities, and our workplaces. We wish to restore the natural transmission of languages from adults to children and normalize the use of these languages. The vision for revitalization naturally includes the use of traditional First Nations knowledge and the transfer of linguistic concepts through storytelling, historical accounts, and anecdotes explaining our relationship to the land, our worldview, and our spirituality.

Legislation

An Act commits the Government of Canada to support and fund activities for the reclamation, revitalization, maintenance, and strengthening of First Nations languages. The Act recognizes and affirms that Indigenous language rights are inherent, constitutional (under Section 35 of the Constitution Act, 1982), and international human rights, as stated in the United Nations Declaration on the Rights of Indigenous Peoples (see the articles on languages in Annex 2). The Act follows several years of advocacy by First Nations and responds to Calls to Action 13, 14, and 15 of the Truth and Reconciliation Commission (see Annex 1). Under the Act, the support and funding provided by the Government of Canada will be reviewed annually by the new Office of the Commissioner of Indigenous Languages (see Part 4). The Act itself will be subject to a parliamentary review every five years. The Act will also be independently reviewed every three years, in consultation with Indigenous peoples. Parts 3 and 4 provide more information regarding the Act.

Co-development

After decades of advocacy by First Nations, Prime Minister Justin Trudeau announced on December 6, 2016, that the Government of Canada would participate in the co-development of legislation aimed at the reclamation and revitalization of First Nations, Inuit, and Métis languages. The Assembly of First Nations (AFN), Inuit Tapiriit Kanatami (ITK), the Métis National Council (MNC), and the Department of Canadian Heritage agreed on principles for the co-development of the Act. Both the AFN and the Government of Canada conducted two rounds of engagement sessions to gather content for the Act. Rights holders, language experts, language keepers, Elders, Chiefs, and Regional Chiefs participated in these engagement sessions. For more information on the co-development process, please see Part 3.

The co-development process will continue to address issues related to the implementation of the Act. Before the Act comes into force, work must continue jointly to ensure that First Nations perspectives guide all future work on funding measures, the Office of the Commissioner of Indigenous Languages, and other related issues aimed at supporting stakeholders at the local and regional levels. The goal is to have the Act passed before June 2019, and before the next federal election.

“Our languages are at the heart of our ceremonies, our relationships with the land, with the animals and with each other, the understanding of our worlds, including the natural world, our stories and our laws.” – National Chief Perry Bellegarde

 

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Section A: BACKGROUND

Context

General Information

Languages allow us to communicate our culture, worldview, knowledge systems, values, traditions, customs, history, spirituality, and social and political identity to future generations. First Nations languages are an integral part of our identity and a key aspect of our self-determination. Despite their importance, all Indigenous languages in Canada are threatened with extinction. Over generations, assimilationist policies and practices have had a major impact on the loss of languages and the intergenerational transmission of First Nations languages and cultures.

There is a great urgency to restore fluency in First Nations languages. The United Nations Educational, Scientific and Cultural Organization (UNESCO) reports that 75% of Indigenous languages in Canada are “endangered,” “severely endangered,” or “critically endangered.” The 2016 Canadian Census indicated that only 20% of First Nations members were able to converse in an Indigenous language, representing a 6% decrease from 2006. If we continue on the current path, First Nations languages, like many Indigenous languages elsewhere in the world, could be lost. It is essential to take drastic measures to reduce erosion and counter the loss of First Nations languages.

All the more so as there has been a growing interest in Indigenous languages in Canada for several decades. Language revitalization is now part of the government’s legislative and policy agenda. A survey conducted by Nanos Research in February 2017 on behalf of the AFN revealed that 74% of Canadians are supportive or somewhat supportive of the idea of creating an Indigenous Languages Act. Respondents also indicated that language is important to culture and identity.

Furthermore, examples of successful Indigenous language revitalization initiatives are emerging all over the planet, such as the revitalization of Māori, Hawaiian, Scottish Gaelic, and Welsh. Dormant languages, such as Wôpanâak, Myaamia, and Hebrew, have also become living languages once again. These examples can provide best practices for planning the reclamation, revitalization, maintenance, and strengthening of Indigenous languages in Canada, while respecting the unique character of each First Nations language.

Why is legislation important for the revitalization of First Nations languages?

In 1998, the Chiefs in Assembly proclaimed a state of emergency regarding First Nations languages by adopting Resolution no. 35/1998, First Nations Languages, which emphasizes the central role of language in First Nations culture and the urgent need to curb the loss and deterioration of languages. The 1996 Report of the Royal Commission on Aboriginal Peoples and the 2005 report of the Task Force on Aboriginal Languages and Cultures entitled “Towards a New Beginning” are both historical documents that called for measures to be taken to recognize the importance of Indigenous languages. First Nations languages are an inherent right, a treaty right, and a constitutional right (Section 35 of the Constitution Act, 1982). Language is a fundamental human right internationally recognized and affirmed in the International Covenant on Civil and Political Rights, which creates binding obligations for Canada as one of its signatories. The United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) includes specific articles on Indigenous languages. The Calls to Action of the Truth and Reconciliation Commission (TRC) also include several calls (13, 14, and 15) that apply directly to languages. The Government of Canada has formally adopted the United Nations Declaration on the Rights of Indigenous Peoples and has committed to implementing the TRC Calls to Action. Other international legal instruments support these rights, notably the Universal Declaration of Human Rights and the Universal Declaration of Linguistic Rights.

These existing linguistic rights have long been ignored and must be recognized and protected by laws to ensure their survival and renewal. Legislation is considered one of the elements required for the successful rebirth of a language. Other contributing elements are effective language policies, good language teaching practices, adequate and sustainable funding, and community mobilization. Legislative recognition obligates the federal government to provide funding with the aim of preserving and revitalizing Indigenous languages and restoring fluency in these languages.

The AFN’s Closing the Gap document (2015) also called for considerable investment toward the revitalization of Indigenous languages, as carrying out revitalization activities requires significant funding and support. Legislation helps ensure that the future of languages is not completely dependent on the annual budget. It is essential for continuous action and for adequate, predictable, and sustainable funding that supports long-term planning for language programs.

Legal recognition enshrined in federal legislation will elevate the status of Indigenous languages, as has been the case for Indigenous or minority languages in other provincial, regional, or national jurisdictions, both in Canada and abroad. For example, increased awareness and knowledge of Indigenous languages can increase support (including government promotional efforts) and respect for the language itself (as in New Zealand, Hawaii, South Africa, and elsewhere). Recognizing, affirming, protecting, and implementing First Nations language rights is an essential element in ensuring the recognition of First Nations languages on our lands.

In response to national and international legal instruments and decades of advocacy by First Nations, the AFN, ITK, MNC, and Canadian Heritage launched a process for the co-development of Indigenous languages legislation to protect and revitalize Indigenous languages in Canada. The Act was drafted in such a way that it firmly commits Canada to implementing the United Nations Declaration and the TRC Calls to Action. The federal government has agreed to take the necessary steps to implement these two instruments, and the Act reinforces the obligation to honor these commitments. Furthermore, the Act recognizes and affirms that Indigenous language rights are constitutional rights under Section 35 of the Constitution Act, 1982. Together, these legal instruments, among other treaties and international agreements, serve as the foundation for the protection and revitalization of First Nations languages. The Act builds upon these foundational elements to ensure adequate, sustainable, and long-term support and funding to achieve the goal of reclaiming, revitalizing, maintaining, and strengthening First Nations languages.

Restoring fluency and the everyday use of First Nations languages is essential to cultural continuity and a fundamental factor in self-determination. Language is a key element in the transmission of traditional knowledge from one generation to the next. Traditional wisdom is transmitted through stories and the very structure of First Nations languages. For example, critical environmental knowledge about animals, plants, and their medicinal uses is passed down through creation stories and ceremonies expressed in our languages. Reflect on the fact that a single word describing an animal, a plant, or a place tells a story or an experience that, without that word, would be at risk of being forgotten.

Language is intimately linked to culture and the transmission of traditional knowledge, including spirituality, values, history, identity, and worldview. Studies have shown that cultural continuity is a determinant of health. Furthermore, First Nations with a strong sense of cultural and linguistic identity demonstrate better socio-economic outcomes. For example, language education and fluency have been linked to better educational outcomes. These impacts are essential for closing the gaps between Indigenous people and other Canadians, regardless of age. The recognition of Indigenous cultures and languages in legislation can play an important role in improving educational outcomes, employment, health, and the general well-being of First Nations peoples.

The importance of language and culture is recognized by the majority of Indigenous youth. First Nations youth are taking steps to reclaim and revitalize their languages. Despite considerable barriers to learning, the National Collaborating Centre for Indigenous Health (NCCIH, 2016) determined that a clear majority of First Nations youth—in self-governing nations, on-reserve, and off-reserve alike—expressed an interest in participating in cultural and language programs.

 

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Co-development Process

Key Steps of Bill C-91 — Listed Content

December 6, 2016
Prime Minister Justin Trudeau announced that the government would participate in the co-development of legislation aimed at the reclamation and revitalization of First Nations, Inuit, and Métis languages.

June 15, 2017
The AFN, Inuit Tapiriit Kanatami (ITK), the Métis National Council (MNC), and the Minister of Canadian Heritage agreed on a set of principles to guide the development of the Act’s content.

June to October 2017
AFN Engagement Sessions
The AFN conducted 20 engagement sessions.

June to September 2018
Intensive Canadian Heritage Sessions
Canadian Heritage conducted intensive engagement sessions and accepted online submissions for the content of the legislation.
The AFN organized a series of preliminary sessions to help participants prepare for their sessions with Canadian Heritage.

December 2017
Resolution no. 77/2017, Support for the Continued Co-development of the Indigenous Languages Act, was adopted at the AFN Special Chiefs Assembly. This resolution included a set of principles to guide First Nations representatives in their legislative work.

August 2017 to February 2018
Initial Canadian Heritage Sessions
Canadian Heritage conducted a series of preliminary engagement sessions.

February 5, 2019
Bill C-91, Indigenous Languages Act, was introduced for first reading in the House of Commons.

February 20, 2019
Bill C-91 passed second reading, and the Standing Committee on Canadian Heritage (CHPC) formally began the study of the proposed legislation.

March 19, 2019
The Standing Senate Committee on Aboriginal Peoples (APPA) began its subject-matter study of Bill C-91.

June 21, 2019
Bill C-91 received Royal Assent.

June 13, 2019
Bill C-91 passed third reading in the Senate with amendments.

May 27, 2019
Bill C-91 passed second reading in the Senate.

May 9, 2019
Bill C-91 passed third reading in the House of Commons and was sent to the Senate.

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Co-development of an Indigenous Languages Act: Influence on the Development of the Act

After decades of advocacy by First Nations, Prime Minister Justin Trudeau announced on December 6, 2016, that the Government of Canada would participate in the co-development of legislation aimed at the reclamation and revitalization of First Nations, Inuit, and Métis languages.

The AFN organized a series of engagement sessions from June to October 2017 as part of the Indigenous Languages Initiative (ILI). The AFN ILI engagement sessions were launched in accordance with the AFN Executive Council motion and supported by the AFN Chiefs Committee on Languages and resolutions no. 01/2015, Support for the Full Implementation of the Truth and Reconciliation Commission of Canada Calls to Action, and 06/2015, Indigenous Language Revitalization: Concrete Measures to Support Indigenous Language Teachers and Cultural Centres. More than 500 Regional Chiefs, Chiefs, councilors, Elders, youth, fluent speakers, knowledge keepers, language advocates and champions, Indigenous academics, and linguists participated in these sessions. The results of the discussions held during the engagement sessions were summarized in a report titled National Engagement Sessions Report (2017) of the Assembly of First Nations Indigenous Languages Initiative. The key message of this report is that the law must support all stages of rebuilding all Indigenous languages: recovery, regeneration, revitalization, and maintenance until normalization is achieved. The Government of Canada conducted a series of initial engagement sessions throughout 2017 to gather content elements for the legislation.

In December 2017, AFN resolution no. 77/2017, Support for the Continued Co-development of the Indigenous Languages Act, was adopted at the AFN Special Chiefs Assembly (SCA) to endorse the National Engagement Sessions Report, including a set of 11 co-development principles based on feedback collected during the engagement sessions (see Box 1).

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Box 1. Co-development Principles by Consensus

As mentioned above, the Co-development Working Group (CDWG) adopted 12 co-development principles including the 11 principles developed by the AFN and adopted by the Chiefs in Assembly. These principles guided all CDWG representatives and informed the co-development of the legislative content.

1. The intention is to develop legislation containing general and universal content as well as three distinct sections for First Nations, Inuit, and Métis to meet the political and legislative needs and the needs of each of the language groups occupying different geographical, political, and cultural contexts.
2. A pan-Indigenous approach did not seem appropriate given the considerable differences in the state and readiness of languages according to the following factors: distinction; geographic region; measures already in place (such as territorial official languages acts) and the existence of Language Commissioners and related commissions. The intention is that the legislation supports or respects measures already in place in certain jurisdictions.
3. The intention of the legislation is to consider Indigenous languages as fundamental elements of the identity, beliefs, relationship to the land, worldviews, and cultures of Indigenous peoples. The Act must recognize and promote these fundamental precepts. The intention of the legislation is to recognize the damage done to Indigenous languages and cultures by government laws, policies, and actions. Cultural continuity, healing, reconciliation, and federal government support should be part of the objectives of the legislation and implementation measures.
4. 1. The intention of the legislation is to recognize the importance of Indigenous peoples as the first peoples speaking the first languages, and the fact that these languages evolve over time.
   2. The intention of the legislation is to recognize that Indigenous language rights are ancestral and treaty rights that include the jurisdiction of Indigenous peoples regarding their languages under Section 35 of the Constitution Act, 1982 and decisions of the Supreme Court of Canada.
   3. The intention of the legislation is to create a framework that can evolve and be amended to strengthen weaknesses and fill gaps through periodic parliamentary reviews every five years.
   4. The intention of the legislation is to articulate a framework for the implementation of the rights of Indigenous peoples regarding their languages and to provide Indigenous peoples with the necessary means to create and maintain effective Indigenous-controlled systems for archiving and retrieving linguistic data.
   5. The Act must recognize that lifelong learning and an education system for Indigenous peoples, regardless of where they reside, are critical tools for restoring language fluency among Indigenous people of all ages.
   6. Each situation will be different regarding the most appropriate methodologies to promote, preserve, and revitalize languages. Therefore, funding policies and methods will need to support different approaches, and adequate regional institutional infrastructures will be necessary to support efforts at the local and national levels. Such a mechanism could include a national institution or regional institutions. In some cases, this will mean enhancing existing institutions, while in others, it could mean the creation of Indigenous-mandated and Indigenous-led institutions over time.
   7. A single entity could not meet all needs given the diversity of peoples, languages, and geographical and jurisdictional considerations, especially since laws, commissioners, and other oversight bodies may already exist in certain jurisdictions. The role of the entities would depend on the rights affirmed in the legislation.
   8. Funding provided for the implementation of the legislation must be adequate, predictable, and sustainable and must be delivered to the appropriate people. Furthermore, funding for ongoing support must be core funding (not annual project-based funding) and funding mechanisms must facilitate this intention.

 

On June 15, 2017, the AFN, ITK, MNC, and Canadian Heritage agreed on co-development principles aimed at “collaboratively and transparently developing national legislation on the languages of First Nations, Inuit, and Métis that will reflect the distinct geographic, political, and cultural contexts impacting the revitalization, recovery, preservation, protection, conservation, and promotion of Indigenous languages.” A Co-development Working Group (CDWG) was established, bringing together representatives from the AFN, ITK, MNC, and Canadian Heritage to determine a path to achieve these goals collaboratively. Co-development Sub-Working Groups (SWGs) composed of subject matter experts from the four parties also provided their perspectives on key issues such as entities, costing, education, and diverse approaches to language acquisition and communications. The primary research and analysis findings from the SWGs informed the work of the CDWG and the legislative content. The CDWG achieved three significant outcomes:

1. Adoption of 12 Co-development Principles by consensus to guide and frame the co-development process. These principles are based on the 11 principles approved by the Chiefs in Assembly.
2. The legislation itself.
3. Continuation of the co-development relationship toward implementation.

 

From June to September 2018, the Government of Canada conducted a second series of intensive cross-Canada engagement sessions with First Nations, Inuit, and Métis. These sessions were open to all First Nations rights holders who had signed modern treaties, comprehensive land claims, or self-government agreements. The AFN organized preparatory engagement sessions to support First Nations in view of the intensive sessions led by the government.

The AFN relied on the feedback expressed throughout the national engagement process to play a significant role in developing the new legislation. The advice and feedback received throughout the engagement process, and through the analysis of the CDWG and SWGs, guided the development of the legislative content. The AFN participated more deeply in the legislative process by submitting a proposal to guide the content of the Memorandum to Cabinet and the drafting instructions associated with the bill. AFN representatives also commented on drafts of the legislation before the Act was tabled, within the confidentiality limits imposed by the drafting process. Continuing work on a joint basis is a way to ensure that the views, opinions, and experiences of First Nations continue to effectively influence the implementation of the Act.

Continued Joint Work in the Implementation of the Act

It is important to distinguish the Act from regulations. Typically, the Act defines broad legal and policy principles. Regulations provide guidelines on the application of the Act’s provisions. For example, it was determined that several issues identified during the co-development process would be better addressed through regulations and policies. Thus, the legislation can be seen as the destination, while regulations are like the path to get there. This means that the co-development of regulations offers new opportunities to influence the implementation of the Act.

First Nations members who participated in the engagement sessions identified several important issues that could not be addressed solely or completely through new legislation, either because they were essentially policy issues, were subject to jurisdictional restrictions and needed to be negotiated elsewhere, or were better suited to be addressed through agreements. Defining an appropriate structure and process to continue the work before the new legislation comes into effect is another essential activity for the effective rollout of the Act. For all these reasons, the AFN asked the Government of Canada to commit to continuing the co-development process to ensure that future decisions take into account First Nations’ advice. The government agreed to continue the co-development process to meet essential and ongoing implementation requirements, including the establishment of policies and regulations.

The co-development process will continue on a bilateral or multilateral basis, as needed, and will require the participation of First Nations language experts and organizations, rights holders, stakeholders, and other departments or agencies, as appropriate. In preparation for the implementation of the legislation, co-development efforts will prioritize funding measures, the creation of the Office of the Commissioner of Indigenous Languages, and capacity-building support to assist efforts at the local, regional, and national levels.

The following elements will be subject to ongoing co-development work:

• Ongoing work on costing, analysis, and development.
• Collaborative development of interim and long-term funding models, including funding, distribution, and eligibility mechanisms.
• Development of concept documents to shape the submission to the Treasury Board.
• Creation of the Office of the Commissioner of Indigenous Languages, including the appointment of the Commissioner.
• Collaborative work to discuss a multidimensional approach to Indigenous language acquisition within the general context of reclaiming, revitalizing, maintaining, and strengthening Indigenous languages. Collaborative work between members of the co-development working group, education experts, and Indigenous Services Canada regarding the implementation of language teaching programs, immersion programs, educational services, and funding.
• Accommodation strategies relating to various disabilities affecting language learning or acquisition.
• Continued and improved support for existing Indigenous-led entities involved in the reclamation, revitalization, maintenance, and strengthening of Indigenous languages. Support for the creation of such entities where they do not exist and are desired;
• Comprehensive approach to translation and interpretation needs within the government sphere and promotion of the use of Indigenous languages within the public service.
• Planning to ensure the inclusion of Indigenous peoples in the five-year review.
• Production and dissemination of jointly drafted documents to explain the proposed legislation and the continued co-development process to Members of Parliament, Senators, Indigenous peoples, stakeholders, and the public.
• Identification of existing federal laws, policies, programs, and services that impact, or are impacted by, the use of Indigenous languages to determine whether corrections are needed to ensure a whole-of-government approach.
• Development of an effective approach to ensure support from all levels of government (federal, provincial, and territorial) for Indigenous languages, including tripartite intergovernmental agreements on language issues.
• Proposed regulations under the legislation;
• Collaborative work for the planning, coordination, and organization of “heritage” events, activities, and projects as part of the International Year of Indigenous Languages (2019) and a potential International Decade of Indigenous Languages.

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Section B: WHAT DOES THE ACT MEAN FOR YOU?

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Understanding Bill C-91, the Indigenous Languages Act

What is the nature of this Act?

The purpose of Bill C-91 is to enable the exercise of the linguistic rights of Indigenous peoples. The Act creates a legal assurance of adequate, sustainable, and long-term funding and support for Indigenous-led initiatives to reclaim, revitalize, maintain, and strengthen Indigenous languages.

What does this mean for you? The Act supports your language initiatives; the ultimate goal being to restore fluency in First Nations languages and to ensure they remain living languages. The legislation, used by First Nations as a tool for language revitalization, can promote the rights, needs, and interests of First Nations regarding their languages, cultures, traditions, and knowledge systems.

It is important to understand how the legislation affects you and your work on the front lines. Throughout this section, boxes will illustrate what impacts the legislation may have on your revitalization activities. It should be noted that a fundamental rule when reading any legislation is that the Act must be read as a whole. The Act must be interpreted such that all sections of the legislation are linked to the purpose of the Act. The purpose of the Act has repercussions for all other sections of the legislation. The main features of the Act are described below:

• The full purpose of the Act is as follows (excerpt):

Box 2. Purpose of the Act

• (a) support and promote the use of Indigenous languages, including Indigenous sign languages;
• (b) support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen Indigenous languages, including their efforts to:
  • (i) assess the distinct status of Indigenous languages,
  • (ii) plan projects and activities for restoring and maintaining fluency in those languages,
  • (iii) create permanent records of Indigenous languages — including audio and video recordings of fluent speakers and materials such as dictionaries, lexicons and grammars — and interactive technology and educational materials that support the maintenance and transmission of those languages,
• (iv) support language and cultural learning activities — including language nests and mentorship and immersion programs — to increase the number of speakers of those languages,
• (v) support Indigenous language organizations,
• (vi) conduct research or studies in relation to Indigenous languages;
• (c) establish a framework to facilitate the effective exercise of the rights of Indigenous peoples relating to Indigenous languages, including through agreements referred to in sections 8 and 9;
• (d) establish measures to facilitate the provision of adequate, sustainable and long-term funding for the reclamation, revitalization, maintenance and strengthening of Indigenous languages;
• (e) facilitate collaboration with provincial and territorial governments, Indigenous governments and other Indigenous governing bodies, Indigenous organizations and other entities in a manner that is consistent with the rights of Indigenous peoples and the powers and jurisdictions of Indigenous governing bodies and of the provinces and territories;
• (e.1) provide an opportunity for Indigenous governments and other Indigenous governing bodies and Indigenous organizations to collaborate in the development of policy directions related to the implementation of this Act;
• (f) respond to the Truth and Reconciliation Commission of Canada’s Calls to Action numbers 13 to 15;
• (g) contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to Indigenous languages.

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• The Act affirms and recognizes that Indigenous language rights are constitutional rights under Section 35 of the Constitution Act, 1982.
• In its preamble and purpose, the Act commits to contributing to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (see language-related articles in Annex 2) as it relates to Indigenous languages [see article (g) under Purpose of the Act], advancing international standards for the protection and exercise of Indigenous language rights, including the protection of traditional knowledge intellectual property, the establishment of educational programs, and the creation of media content in Indigenous languages.
• The Act also commits the federal government to implementing Calls to Action 13, 14, and 15 of the TRC (see Annex 1).
• The Act advances the status and vitality of Indigenous languages in Canada by affirming Indigenous language rights and strengthening ministerial obligations and responsibilities related to the reclamation, revitalization, maintenance, and strengthening of Indigenous languages (see Box 3 on language rights).

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Box 3. Language Rights

Indigenous language rights are inherent, treaty-based, constitutional, and international rights. The Act further affirms these language rights within federal legislation and commits the Government of Canada to protecting these rights and implementing measures to realize them.

Section 6 of the legislation affirms the rights of Indigenous peoples that are recognized and confirmed by Section 35 of the Constitution Act, 1982. This confirms that Indigenous language rights are constitutional rights (both individual and collective). In Canada, constitutional rights are enforceable. The Constitution Act, 1982 takes precedence over federal and provincial laws in situations of conflict.

In the event of a conflict between the legislation and regulations adopted under the legislation, and treaties, land claim agreements, or self-government agreements, the latter take precedence. The intent of the Act is to enhance, not deny, previously concluded agreements.

The Act reiterates that the Government of Canada is committed to contributing to the implementation of the UN Declaration, including Indigenous language rights. It also commits the government to the implementation of the TRC Calls to Action regarding Indigenous languages, including the creation of an Indigenous Languages Commission.

What does this mean for you?

• Language is an essential determinant of the right to self-determination, as stipulated in the UN Declaration. The affirmation and recognition of language rights in the Act helps promote the development of local language laws and policies.
• The Act recognizes that Indigenous languages played an important role in establishing relationships between Indigenous peoples and European arrivals.
• The Act recognizes that discriminatory and assimilationist policies, such as Indian Residential Schools, forced relocations, and the Sixties Scoop, contributed to the erosion of Indigenous languages.
• The Act recognizes that Indigenous languages are a fundamental element of the identity, cultures, spirituality, relationship to the land, worldviews, and self-determination of Indigenous peoples.
• The Act recognizes the role that the Government of Canada must play in supporting existing Indigenous-led entities involved in the reclamation, revitalization, maintenance, and strengthening of Indigenous languages and in contributing to the creation of such entities where they do not exist and are desired.
• The Act recognizes that Indigenous peoples are best placed to lead initiatives for the reclamation, revitalization, maintenance, and strengthening of Indigenous languages.
• The Act defines the Government of Canada’s commitment to consult with Indigenous governments and other Indigenous governing bodies (see Box 4 on engagement and consultation) regarding the provision of adequate, sustainable, and long-term funding for the reclamation, revitalization, maintenance, and strengthening of Indigenous languages (see Box 5 on funding).

Box 4. Engagement and Consultation

The Act facilitates the definition of government responsibilities and requires the government to periodically consult Indigenous peoples on several issues, including the following:

• Funding: The legislation requires the Minister to conduct consultations to take into account the unique circumstances and needs of Indigenous peoples, groups, and communities in order to determine appropriate funding mechanisms, including core funding and project-based funding.
• Office of the Commissioner of Indigenous Languages: The legislation requires the Minister to consult with Indigenous governments, organizations, and entities on the appointment of a Commissioner and up to three directors.
• Regulations: The Minister must consult the Office of the Commissioner of Indigenous Languages, Indigenous governments, Indigenous governing bodies, and other Indigenous organizations before adopting regulations. The Minister must ensure that multiple Indigenous governments, governing bodies, and other organizations can collaborate constructively in the development of policies leading to the creation of regulations.
• Independent Five-Year Review: An independent review of the Act must be conducted five years after the proposed legislation comes into force and every five years thereafter. The legislation stipulates that Indigenous governments, governing bodies, and entities must be consulted as part of this review.

 

Box 5. Funding Commitment for First Nations Languages

First Nations made funding a top priority throughout the engagement process. The Act contains language that obligates the federal government to provide stable, long-term funding to support local and community-based language revitalization approaches. The purpose of the Act includes a commitment to establish measures aimed at facilitating “the provision of adequate, sustainable and long-term funding for the reclamation, revitalization, maintenance and strengthening of Indigenous languages.”

The AFN conducted an initial costing analysis during the co-development process. Ongoing work will be necessary to understand the true needs for training fluent speakers of an Indigenous language. This work is part of more in-depth co-development activities that include core and project-based funding, fund disbursement, funding formulas, and assessment tools to determine accountability requirements.

What does this mean for you?

• While the development of language revitalization activities does not depend on the Act, the legislation facilitates the creation of comprehensive, multidimensional, and long-term language plans by providing adequate, stable, and long-term funding. These types of plans can better reflect First Nations’ vision for the reclamation, revitalization, maintenance, and strengthening of languages with the goal of restoring fluency.
• The Act highlights that federal institutions, their agencies, or their agents may provide services in Indigenous languages if they have the capacity and if there is sufficient demand.
• The Act establishes an independent Office of the Commissioner of Indigenous Languages that will champion language revitalization and determine whether Canada is meeting its obligations under the Act, particularly regarding funding, and report on it (see Box 6 on the Office of the Commissioner of Indigenous Languages).

 

Box 6. Office of the Commissioner of Indigenous Languages

The Office of the Commissioner of Indigenous Languages, which is an independent entity, ensures compliance with the Act by the federal government. The Commissioner and a maximum of three directors must be appointed in consultation with Indigenous governments, governing bodies, and entities. The Office’s mission is to support the efforts of rights holders and Indigenous-led language organizations toward the reclamation, revitalization, maintenance, and strengthening of ancestral languages.

The Commissioner reviews and reports on complaints related to Indigenous language agreements, funding, the Government of Canada’s obligations under the Act, and the implementation of the Act. The Commissioner also prepares an annual report containing concrete recommendations for the implementation of the Act. The Office of the Commissioner of Indigenous Languages also promotes Indigenous languages, supports Indigenous-led initiatives, encourages public awareness and understanding of Indigenous languages—including the importance of reconciliation—and supports innovation in projects and technologies that can advance language revitalization and teaching.

Fundamental development work, such as research and strategic planning, may be necessary for effective implementation. That said, the Office of the Commissioner of Indigenous Languages may consult and collaborate with any provincial or territorial entity conducting activities for the reclamation, revitalization, maintenance, and strengthening of Indigenous languages, where appropriate and consistent with its mandate. Overall activities must take into account differences regarding language stages and the level of community readiness. The Office of the Commissioner of Indigenous Languages may also conduct or support studies or research activities to achieve the purpose of the Act, particularly at the request (and with the consent) of First Nations governments, governing bodies, and other organizations.

What does this mean for you?

• You can file a complaint with the Commissioner regarding the government’s non-compliance with the Act, particularly on funding issues.
• You can share your opinion regarding the implementation of the Act for inclusion in the Commissioner’s annual report.
• You can request assistance from the Office of the Commissioner of Indigenous Languages for the development of your language plan.
• You can request the conduct of studies or research activities related to First Nations languages.

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• The Act recognizes that the bulk of the work and activities concerning the revitalization and strengthening of Indigenous languages belongs to the communities.
• The Act recognizes the need for access to interpreters and translated government documents. Interpretation and translation services will be provided by the Government of Canada where necessary or appropriate. The provision of interpretation and translation services, including application processes and quality control, will be discussed in more detail through the collaborative process.
• The Act assists First Nations governments, governing bodies, and entities in concluding agreements and arrangements with all levels of government for the purpose of reclaiming, revitalizing, maintaining, and strengthening their ancestral languages (see Box 7 on agreements and arrangements).

Box 7. Agreements and Arrangements

Since Indigenous languages span provincial, territorial, and national borders established during the colonial era, organizations and governments must be able to coordinate language revitalization efforts.

The Act provides for the creation of effective intergovernmental coordination and support measures for Indigenous languages. These agreements will primarily affect education, including curriculum development and teacher certification, among other areas.

What does this mean for you?

• You can formally collaborate with all levels of government as part of your language promotion activities, including Indigenous governments and other governing bodies, federal, provincial, and territorial governments, or Indigenous organizations.
• You can choose to enter into these agreements on your own, or you can enter into an agreement with the Minister to further the purpose of the Act and ask the Minister to facilitate and coordinate the conclusion of agreements and arrangements with other levels of government, as needed, to achieve the objectives of the agreement or arrangement.

 

 

Given what has been described above, it may be helpful to clarify certain elements of the Act. Box 8 below is a checklist indicating the effects of the Act.

 

Box 8. Checklist: What are the effects of the Act?

 

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Section C: YOUR ROLE

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Your Role in First Nations Language Revitalization

First Nations languages are a fundamental aspect of self-determination, spirituality, identity, and cultural continuity, well-being, and other important personal and collective considerations. Their use can also improve the socioeconomic situation of First Nations. First Nations have always expressed their determination to reclaim, revitalize, maintain, and strengthen their ancestral languages.

For its part, the government has committed to developing, in collaboration with Indigenous peoples, legislation and other processes to promote Indigenous language rights and help First Nations restore their ancestral languages. The Act aims to ensure continuous, sustainable, consistent, and appropriate funding to achieve the goal of reclaiming, revitalizing, maintaining, and normalizing all Indigenous languages.

The government is committed to implementing the TRC Calls to Action and has highlighted Calls to Action 13, 14, and 15 in the Act. The rights set out in the United Nations Declaration on the Rights of Indigenous Peoples and other international instruments, which have been ratified (adopted) by the Government of Canada, recognize the importance of Indigenous languages for Indigenous peoples.

Leading Your Own Initiatives

Vigorous, community-based measures are required to compensate for the loss of First Nations languages and to advance the rights and interests of Indigenous peoples regarding language. These measures can take root in the community and, if appropriate, grow to form a broader strategy. As described in Section B, the Act is a vehicle that will better support and fund your initiatives, offer a legal basis to better protect our languages and combat the violation of our rights, and facilitate work aimed at promoting new or existing initiatives. If you are not already participating in an initiative, nothing prevents you from starting today. You can participate in the revitalization effort in several ways: by teaching or learning an Indigenous language or by creating learning opportunities in your community or for people you know. This section presents tools that will allow you to create or develop revitalization activities or organizations.

If you or the group you are part of are already involved in efforts to revitalize your language, you can examine the language situation in your community as an Indigenous-led organization. Exchange with other people involved in language revitalization activities in your region and determine if you can provide assistance or identify existing gaps. Determine if there is a regional or national organization or entity that offers support or funding to your community for language revitalization and inform yourself about available resources.

It will take time to create a critical mass of people who fluently speak several of our ancestral languages. This must not discourage initiatives, but rather mobilize our action. It is urgent to revitalize our languages, and starting or strengthening our initiatives right now will promote the transmission of our languages tomorrow. We must act together now.

Several measures can be taken before the legislation comes into force. For example, you can develop a language plan (see Box 10) that reflects your current situation. This plan should indicate existing capacities and required resources, the community’s vision and goals for the language in the short, medium, and long term, and the envisioned method for achieving these goals. You can also begin capacity building (see Box 11) to help you reach your goals. Specifically, you can acquire or improve your skills, knowledge, tools, and other resources to start your language revitalization activities or increase the scope of your work. If your community has not yet developed a language plan, you can work with community members to develop a language status assessment (see Box 12) to determine your community’s language needs. You may also wish to develop your own language laws or policies (see Box 13). The right starting point will depend on the status of your language and the needs of your community.

Taking these steps even before the implementation of the legislation will help you put in place all the elements necessary to advance your language plans and strategies. This will allow you to make the most of the tools provided by the Act. This process will also help you clarify your support and funding needs and facilitate the development of applications and proposals, helping you, for example, to develop a funding logic to achieve the goals of your language plan. The new funding environment allows for long-term planning. You can thus set final language goals and determine short- and medium-term objectives to ensure you stay on track.

Regional Considerations

We know that Indigenous-led language entities already exist and are ready to implement their language plans and boost their existing initiatives. Some of these entities operate (or can operate) at the regional level to coordinate or deliver language programs or support local initiatives. These organizations can lend a hand if you are starting your revitalization efforts, or even if your projects are already underway.

Here are some examples of regional organizations led by First Nations: the Anishinaabek-Mushkegowuk-Onkwehonwe Language Commission in Ontario (AMO), the First Peoples’ Cultural Council (FPCC) and the First Nations Education Steering Committee (FNESC) in British Columbia, the Manitoba First Nations Education Resource Centre Inc. (MFNERC) in Manitoba, Mi’kmaw Kina’matnewey (MK) in Nova Scotia, and the Saskatchewan Indigenous Cultural Centre (SICC) in Saskatchewan, among others.

If you notice a gap and no regional organization exists in your area, consider contacting communities in your region to determine if there is a need to establish such an organization. If you request help from existing regional organizations, they may be able to provide you with useful resources and tools.

National and Urban Considerations

There are also Indigenous-led national entities whose mandates include language and culture. Existing regional (see above) and national organizations can play an important role in ensuring that First Nations members living in urban areas have access to language and culture programs, such as water- or land-based learning activities. For example, language protection and the recruitment of fluent Indigenous language speakers are priorities for the First Nations Confederacy of Cultural Education Centres (FNCCEC), which offers support in the following areas:

• Language teaching, including curriculum development, resource centers, etc.
• Community development and delivery of programs and services such as summer camps, immersion classes, language courses, adult education, etc.

First Nations governments and governing bodies can provide additional support, as in the case of urban tribal councils. The federal Act ensures support and funding for First Nations language initiatives, regardless of age or place of residence.

Getting Started

It is strongly recommended to conduct brainstorming and start-up work at the community level, as this work facilitates the implementation of the Act and contributes to the development of realistic language plans that take into account the status of the languages and the community’s goals. While you may choose to perform a full language status assessment, an environmental scan of your situation is generally sufficient to start. To do this, simply take an inventory of your resources: number of fluent speakers, curricula, classes, etc. To perform a complete assessment, it may be easier to request assistance from your local or regional language organizations and organize meetings to discuss your language situation, the resources available to you, and your short- and long-term goals. Remember to take into account the language needs of the region—how many communities and languages does it have? If an assessment has already been done, determine when it was conducted. It may be necessary to re-evaluate the situation. It is important to perform periodic assessments, as language needs change over time. These periodic evaluations also help determine what is working and what is not. Many First Nations language organizations have access to an abundance of resources that can be useful to those starting or continuing projects.

 

Language plans and strategies must take into account the specific needs of the languages and communities they target. For example, you may focus on a single language within your community, multiple languages within a community, or, if working at a higher level, you may address multiple languages through partnerships between communities at the regional or national level. It should be noted that partnerships can be based on other factors, such as language families or other ties.

Fishman’s Graded Intergenerational Disruption Scale (GIDS) for endangered languages is a useful tool for determining the revitalization needs of a language and the most appropriate interventions (strategies) for that situation. Language revitalization strategies must correspond to the status of the language and be flexible enough to adapt to changes over time (see the stages of the Fishman scale in Box 9 below). Carrying out the appropriate interventions according to the specific situation and stage of the languages is an important factor in reversing the erosion of Indigenous languages.

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Box 9. Revised Scale of Intergenerational Disruption for Endangered Languages, as adapted in the AFN National Engagement Sessions Report (2017)

 

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Knowing the status of your language more thoroughly can help you target your resources more strategically and answer difficult questions later on. It is likely that multiple interventions will be necessary, regardless of the scope of the initiative (local, regional, or multi-jurisdictional). For example, it might be more realistic and important to focus initial efforts on documentation and mentorship programs if only a few Elders still speak the language fluently. Attempting to set up an immersion school at this stage would not take into account available resources and would likely not be the best way to preserve the language and create new speakers. However, it is important to remember that it is possible, and often very advantageous, to use interventions from several stages (a multi-dimensional approach) provided you take the status of the language into account.

Most languages will be at several stages at once depending on whether they are measured at the community, regional, or even international level. For example, a language may be considered alive and dynamic globally, but your community or the region you serve may have very few fluent speakers. Consequently, language plans aimed at preserving and revitalizing the language at the local level may be appropriate, while maintenance strategies would be more appropriate at the regional level if you choose to collaborate with others.

Perhaps you work with several languages or dialects within a community or geographic region. It is recommended to take all the languages you care for into account when establishing your language plans and revitalization strategies. If you do not have the resources or expertise required to carry out a given intervention or initiative, it may be useful to forge partnerships with other entities, communities, universities, linguists, or experts working with other revitalization groups. Drawing up plans to strengthen existing capacity is another way to obtain increased support and funding.

Language Planning Design

Language plans facilitate the establishment of strategies that take into account your needs and available resources (see Box 12).

Box 10. Language Plans

Work with your community to carry out the following activities:

• Conduct an environmental scan of your language. Inventory your language resources such as the number of people speaking the Indigenous language, programs, and pedagogical resources like dictionaries, curricula, and the number of teachers.
• Set your language goals. What is your vision for your language (or languages)? Think short, medium, and long term.
• Determine how you plan to achieve these goals. Write down a few activities that will allow you to reach your goals and set priorities.
• Identify gaps in information, resources, and capacity and determine strategies to fill those gaps.
• Engage the community and rally support from your members. Do not leave anyone out.
• Consider ways to obtain the resources or information you are missing to execute your plan (see Box 9).
• Consult Fishman’s Graded Intergenerational Disruption Scale and determine the interventions (strategies) that correspond to your language goals. Depending on the stage of your language, you might want to find teachers, mentors, or fluent Elders; set up a committee to develop a dictionary; create a preschool language nest or an immersion program for young children; launch school immersion programs or intensive language teaching programs; launch adult teaching programs like mentorship programs; and develop comprehensive community or government language policies and programs.
• Add monitoring and evaluation functions to your plan and make your plan flexible enough to be adapted based on evaluation results. The plan should include benchmarks and performance indicators.
• Align your plan with a broader strategy, if possible, and explore partnership opportunities.
• Periodically re-evaluate your plan as your needs evolve. Appropriate interventions may change depending on the vitality of the language.

Capacity Building

Before launching your revitalization activities, take an inventory of available resources and determine which ones you are missing. It is important to identify capacity-building needs at the local and regional levels so that everyone can participate as they wish (see Box 11) and to make the most of the support and funding offered to you based on your language plan. You will likely need to build capacity on an ongoing basis, but below are some starting points:

Box 11. Capacity Building

It is important to build the capacity of your community or organization over time to facilitate language revitalization initiatives and implement an effective language plan. The activities below will help you build capacity and obtain the information you need to implement your plan:

• Get community support – organize an encounter or a meeting to discuss the language.
• Create a language committee.
• Apply for funding.
• Establish a base of accessible resources – start inventorying available language resources.
• Meet with speakers and language experts within your community or region and forge partnerships with them.
• Get help from language experts to document the language and develop your plans or teaching materials.
• Think about training opportunities, especially for teachers.
• Use the language more often (integrate it into daily life) and encourage others to do the same.
• Keep the language alive through recurring, long-term policies, laws, and cultural activities.

 

Designing Language Status Assessments

Discuss with community members with the aim of conducting a survey or having a questionnaire completed to better understand the status of the language and its evolution over time. Normally, the planning phase should include an environmental scan (see Box 10), and assessments should be performed throughout implementation to analyze results over time (see Box 12 below). It is important to evaluate the progress of the plan to ensure that language goals are being met and to adjust the language plan as needed.

Box 12. Language Status Assessment

Language assessments are useful for determining the status of languages (now and over time). A language status assessment is an in-depth environmental scan:

• How many people speak the language?
• What is the age range of the speakers?
  • What is the age of the youngest speakers?
• Can speakers and second-language learners meet easily?
• Does the community support language revitalization efforts?
• What resources exist within the community?
• Have research activities already been conducted?
• Has the language been documented?
• Do you have trained teachers?
• Are university courses offered in the language? Are they easily accessible?
• Do you need materials or space?
• What other needs do you have? Do you have dictionaries? A curriculum? An Elders’ group? Courses? Laws or policies enacted by your government?

 

Developing Local Language Laws or Policies

It is possible to develop local language laws and policies. These laws and policies can support language revitalization by guiding language plans and encouraging language use. For example, First Nations governments, including self-governing First Nations, can decree that an ancestral language is the language of work and can create laws or policies to encourage community members to make greater use of the language and to launch language revitalization initiatives (see the note in Box 7, Section B).

Box 13. Language Legislation or Policies

Consider developing language laws or policies within your community or organization:

• Determine if you are able to develop laws or policies: is there a language committee or group dedicated to revitalization? Is it possible, at this time, to conduct professional activities in the Indigenous language?
• Examine your existing capacities and determine if a law or policy can help you achieve your long-term goals and vision for the language.
• Consider the fact that a law or policy strengthens the implementation of a language plan—the ultimate goal being to keep the language alive.
• Develop a policy statement regarding the language. It should include the mission and goals, declare that the language is the official language of the community or organization, and define responsibilities. State other elements deemed important, such as specific language activities or an implementation plan.

 

The vitality of each language and the state of readiness of each First Nations community are at different stages. The development of language strategies and goals must take into account and reflect these realities and adapt to them.

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Section D: GLOSSARY AND APPENDICES

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Glossary

Access: All Indigenous languages must be accessible to all Indigenous peoples, regardless of where they live.

Act (the): Bill C-91, An Act respecting Indigenous languages.

Adequate: Long-term funding based on needs.

Bilingual education: A school program where two (or more) languages, one being a First Nations language, are used for content instruction.

Capacity building: Activities aimed at transferring knowledge or expertise to help First Nations governments, governing bodies, and entities develop, strengthen, and maintain their abilities to set and achieve their own goals for reclaiming, revitalizing, maintaining, and strengthening languages and to develop language needs assessments and language plans.

Core funding: Long-term funding provided to eligible recipients under the Indigenous Languages Teaching Program.

Multi-jurisdictional partnerships: Collaborative agreements or arrangements between eligible recipients in Canada and First Nations language initiatives in other countries, such as the United States, for the express purpose of advancing the reclamation, revitalization, maintenance, and strengthening of languages, and other language promotion activities, where Indigenous languages and dialects are used in Canada and other countries. For example, certain languages are spoken in both Canada and the United States. This is the case for Anishinaabemowin, Dakota, Gwich’in, Kanien’keha, Kil/Xaayda Kil, Ktunaxa, Lakota, Lingít, Nakota, Tlingit, and Nabesna (Upper Tanana).

Cultural center: An institution or organization whose mandate is to protect, preserve, or revitalize the culture or language of a group. These centers may carry out various language-related activities: development of educational resources; organization of language or cultural programs; organization of water- or land-based learning activities; mobilization or support of Elders and knowledge keepers; creation of spaces for the use and promotion of languages and cultures; liaison with governments and other organizations or institutions.

Dialect: One or more varieties of a language that derive from the same ancestral language and are understood by speakers of other dialects of the same language. These varieties may differ based on various factors: pronunciation, lexical and grammatical structure, and even the definition of words.

Documentation: Activities whose primary objective is to document a First Nations language through various media, including archiving, recording, and transcribing speeches from individuals speaking Indigenous languages.

Evaluation: The systematic and neutral collection and analysis of evidence to make a judgment on merit or value. In government affairs, evaluations guide decision-making, improvements, innovation, and accountability. Evaluations are generally focused on programs, policies, and priorities and examine issues related to relevance and effectiveness. Depending on user needs, however, evaluations can also examine other questions or themes, including alternatives to existing interventions. Evaluations are generally based on social science research methods.

First Nations: A First Nation can be a band under the Indian Act or a self-governing First Nation.

First Nations Interim Working Group: The group of First Nations language experts who will continue to work on the co-development process, including work on funding, and who will participate in decision-making and the review of the co-development process for Indigenous language legislation, particularly regarding the implementation of the Act and its impacts on First Nations.

Immersion (Education Programs): A method of language teaching in which only the language being taught is used as the language of instruction. No other language is used. This method can utilize several program options, such as language nests, mentorship programs, and school-based immersion programs.

Indigenous-led Organizations or Entities (or mandated by First Nations): An Indigenous entity that represents the interests of an Indigenous group and its members or, except in the case of groups defined by Section 45 (of the Act), that specializes in the promotion of Indigenous languages. This group possesses a common interest in the reclamation, revitalization, maintenance, or strengthening of one or more First Nations languages.

Indigenous Rights and Control by Indigenous Peoples: Every Indigenous government has the constitutional and inherent right to lead, maintain, and develop its language and culture (control of Indigenous languages by Indigenous peoples).

Intergenerational Language Transmission: The natural process of passing on one’s language by using it to speak to one’s children.

Language: A form of human communication (oral or written) that consists of using words in a structured and predictable way.

Language Branch: A group of languages related by a common ancestor.
Language Family: Languages related by a common ancestor or proto-language that show similarities in vocabulary and grammar.

Language Space: A language space is a language teaching program for adults that uses the immersion method to teach a First Nations language. Adults live (or spend significant time) together in the company of individuals who speak an Indigenous language fluently or very well and agree to use only the language being taught within the space.

Language Nest: A language program for preschool-aged children that uses the immersion method to teach a First Nations language.

Living Languages: Languages transmitted orally to children at home by their parents, family members, or caregivers. This natural process is known as intergenerational language transmission and represents the way through which traditional Indigenous knowledge is passed on and ritualized.

Mentorship: A method of language teaching where a mentor who speaks an Indigenous language fluently and an apprentice wanting to learn the language work in immersion within a natural setting to perfect language proficiency.

Language Status Assessment (or Needs Assessment): A policy tool used to shape a new program. A needs assessment involves data collection aimed at identifying the necessity of creating a program and includes a preliminary description of the intervention required to meet that need. In the context of language revitalization, a needs assessment defines the types of projects, resources, and infrastructure existing in the communities submitting an application. The assessment provides baseline data to guide language program planning.

Partnership: Collaborative agreements and arrangements between First Nations or with non-Indigenous governments, governing bodies, and entities. These partnerships must be beneficial to First Nations; all rights must belong to the First Nation that initiated the partnership, and all produced documents must be easily accessible by that First Nation.

Second Language Speaker: A person who has learned or is currently learning a language different from the first language they learned in childhood.

On-reserve: This expression refers to First Nations members who live on reserves or on Crown lands.

Off-reserve: This expression refers to First Nations people, services, and other objects that are not located on reserves.

Outcomes: An external consequence that stems, in part, from an organization, policy, program, or initiative. Outcomes are not within the exclusive control of an organization, policy, program, or initiative; rather, they are within their area of influence. Outcomes are usually categorized as immediate, medium-term, final, expected, direct, etc.

Performance: What an organization does with its resources to achieve its outcomes, the gap between the results achieved and the organization’s objectives, and the identification of lessons learned.

Performance Indicators: A qualitative or quantitative measurement of results, intended to assess the performance of an organization, program, policy, or initiative against expected results.

Performance Reporting: The process of communicating performance data based on evidence. Performance reporting supports decision-making, accountability, and transparency.

Policy: A formal direction that imposes specific responsibilities. A policy describes the goals that governments, governing bodies, and organizations must achieve.

Program: A group of inputs and related activities designed and managed to meet a specific public need, often considered a budget line item.

Project: An activity or series of activities with a beginning and an end. A project must generate defined products and specific results in support of a public policy objective. It must have a defined timeline and resource plan. The parameters for time, cost, and performance of a project are clearly established.

Project Funding: Funding provided to eligible recipients to support the long-term objectives and programs (funded by long-term core funding) of the Indigenous Languages Teaching Program.

Regional Entities: Indigenous-led organizations that manage regional or sub-regional activities for the promotion of First Nations languages within a provincial jurisdiction or across multiple jurisdictions.

 

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Appendices

APPENDIX 1: Truth and Reconciliation Commission Calls to Action regarding Indigenous Languages

APPENDIX 2: Articles of the United Nations Declaration on the Rights of Indigenous Peoples relating to Indigenous languages:

Article 1

Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law.

Article 5

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.

Article 8

1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
2. States shall provide effective mechanisms for prevention of, and redress for:

• a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;
• b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
• c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
• d) Any form of forced assimilation or integration;
• e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them.

Article 11

1. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.
2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.

Article 12

1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.
2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.

Article 13

1. Indigenous peoples have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.
2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.

Article 14

1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.
2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.
3. 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.

Article 15

1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.
2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.

Article 16

1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.
2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.

Article 31

1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.
2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.