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The project has collected 1,500 place names with Mi'kmaq origins. 

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Honor Song of the Mi'kmaq (Sing-along) | Native american music, Songs, October music

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Apr 9, 2015 - Quick Note: The "ħ" character is what I've come to use to represent the phlegm/guttural sound that the "q" makes in the Mi'kmaw language.This drumming song, ...

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Indigenous Peoples are born from the stars.  Indigenous languages are born from the land.

Our languages are not mere words.  They are unique sounds which come from our homelands-the earth, water, plants, and animals.

Language is medicine.

Every Indigenous language has a living spirit.  Each with its own truth, wisdom, and history.  Indigenous languages are the heart of the People.

Their spirits call us home.

Identity, traditional knowledge, and ancestral beliefs are encoded in Indigenous languages.  Spirits waiting to be reunited with the People, waiting for a voice.

Break the silence.

Indigenous peoples are still here.
Our languages are still here.
We belong.

As long as our hearts are beating, pathways to healing are possible.

As long as we are connecting with our spirits through cultural practices, pathways to sustainability are possible.

Indigenous languages unite families and communities, together we are strong.

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Residential schools were still in operation when the Mi’kmaq Nation first brought an Indigenous right to self-determination (namely education) before the legal courts.

The same year, the last residential school was closed in Canada, and a new federal law was passed in support of Indigenous education as a result of the Mi’kmaq court case.

In 1999, the Mi’kmaq Education Act (Bill CB30) was passed into federal law, as well as NS provincial law (Bill No. 4).

It was the first time an Indigenous right to self-determination of education was recognized by law in Canada.

With a victory, Mi’kmaq Nations began to educate students of Mi’kmaw language, culture, history, Indigenous rights, and traditional knowledge.

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On July 17, 2022, the Province of Nova Scotia proclaimed and affirmed legislation to recognize Mi’kmaw as Nova Scotia’s first language during a Mi’kmaq ceremony in Potlotek First Nation in Richmond County.

In short, the Mi’kmaw Language Act will support the protection and revitalization the language.

A resolution was signed by Mi’kmaw Chiefs to affirm and uphold the provincial legislation on behalf of their communities.

The Mi’kmaw Language Act took effect on October 1 (2022), Treaty Day.

The NS provincial legislation is in-line with the Truth and Reconciliation Commission’s Calls to Action for governments to preserve, promote, revitalize and protect Aboriginal languages through legislation and education.

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(as introduced)
1st Session, 64th General Assembly
Nova Scotia
71 Elizabeth II, 2022
Government Bill

Mi'kmaw Language Act

The Honourable Karla MacFarlane
Minister of L'nu Affairs

First Reading: April 7, 2022

Second Reading: April 12, 2022

Third Reading: April 22, 2022 (LINK TO BILL AS PASSED)

WHEREAS the Mi'kmaq have inhabited Mi'kma'ki, including the land now known as Nova Scotia, since time immemorial;

AND WHEREAS the Mi'kmaw language was the first language used in the land now known as Nova Scotia;

AND WHEREAS the Mi'kmaw language is fundamental to the worldviews and self-determination of the Mi'kmaq, including their customs, values, traditions, knowledge, laws, identity, culture, spirituality and relationships to the land;

AND WHEREAS the relationship between the Province of Nova Scotia and the Mi'kmaq of Nova Scotia is reflected in the spirit and intent of the Peace and Friendship Treaties and upheld through ongoing positive and collaborative work on the recognition and revitalization of Mi'kmaw culture, language and traditions;

AND WHEREAS the Mi'kmaw language and culture are included in the agreements that established the Tripartite Forum and the Made-in-Nova Scotia Process between the Mi'kmaq of Nova Scotia, the Government of Nova Scotia and the Government of Canada;

AND WHEREAS the final report of the Royal Commission on Aboriginal Peoples, the Truth and Reconciliation Commission Calls to Action, the United Nations Declaration on the Rights of Indigenous People and the National Inquiry into Missing and Murdered Indigenous Women and Girls' Calls for Justice recognize the preservation, revitalization, promotion and protection of Indigenous languages as integral to Indigenous identity and well-being;

AND WHEREAS after the United Nations' International Year of Indigenous Languages (2019), the United Nations Educational, Scientific and Cultural Organization (UNESCO) declared 2022-2032 as the Decade of Indigenous Languages to preserve, revitalize and support Indigenous languages;

AND WHEREAS efforts to preserve and protect the vitality of the Mi'kmaw language contribute to the enrichment of Mi'kmaw knowledge as well as to the preservation of cultural diversity, biodiversity and spirituality;

AND WHEREAS there is an urgent and pressing need to support the efforts of the Mi'kmaq to preserve, reclaim, revitalize, maintain and strengthen the Mi'kmaw language;

AND WHEREAS there is a desire for the Province of Nova Scotia to support the Mi'kmaq of Nova Scotia in the revitalization, protection and promotion of their language;

AND WHEREAS the Mi'kmaq are best placed to take the leading role in reclaiming, revitalizing, maintaining and strengthening the Mi'kmaw language;

AND WHEREAS the Mi'kmaq of Nova Scotia are the rightful stewards and teachers of their own language and are best positioned to identify and implement mechanisms for preserving, relearning, revitalizing and promoting their language;

AND WHEREAS the Government of Nova Scotia recognizes that all relations with the Mi'kmaq of Nova Scotia must be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government; whose interpretation and implementation remain under discussion between the Mi'kmaq of Nova Scotia, the Government of Nova Scotia, and the Government of Canada;

AND WHEREAS the recognition and implementation of rights related to the Mi'kmaw language are at the core of reconciliation;

AND WHEREAS the Government of Canada has enacted the Indigenous Languages Act and this Act is intended to be complimentary to that Act and to enhance the cooperation between the Mi'kmaq, the Government of Canada and the Government of Nova Scotia;

THEREFORE be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Mi'kmaw Language Act.

2 The purpose of this Act is to

(a) recognize the Mi'kmaw language as the original language of the Province;

(b) enable long-term collaborative relationships and ensure government support for the preservation, revitalization, promotion and protection of the Mi'kmaw language for generations to come;

(c) enable a collaboratively developed strategy between the Mi'kmaq of Nova Scotia and the Government of Nova Scotia for the promotion, protection and revitalization of the Mi'kmaw language;

(d) establish a Mi'kmaw Language Committee with membership of the Government of Nova Scotia, the Mi'kmaq of Nova Scotia and other members to ensure continued collaborative and positive relationships in recognition of the shared priority of the preservation, revitalization and protection of the Mi'kmaw language; and

(e) increase the visibility of the Mi'kmaw language across the Province. 3 In this Act,

(a) "Committee" means the Mi'kmaw Language Committee established under Section 5;

(b) "Mi'kmaw Kina'matnewey" means Mi'kmaw Kina'matnewey as created pursuant to an Act of the Parliament of Canada, on April 22, 1999;

(c) "Minister" means the Minister of L'nu Affairs.

4 (1) This Act does not derogate from the inherent aboriginal or treaty rights of the Mi'kmaq.

(2) This Act does not affect any jurisdiction or responsibility of the Government of Canada respecting the Mi'kmaq or the Mi'kmaw language.

5 (1) The Minister shall, in collaboration with the Mi'kmaq of Nova Scotia, as represented by Mi'kmaw Kina'matnewey, establish a joint committee, to be known as the Mi'kmaw Language Committee, for the co-development of a Mi'kmaw language revitalization strategy.

(2) The functions of the Committee are to

(a) establish a multi-year strategic plan, within areas of provincial jurisdiction, for the revitalization of the Mi'kmaw language in the Province;

(b) establish tools to measure and assess progress of Mi'kmaw language revitalization;

(c) identify and secure the resources needed to support the strategic plan; and

(d) periodically review and update the strategic plan.

(3) In addition to its functions under subsection (2), the Committee may make additional recommendations to the Government of Nova Scotia and the Mi'kmaq, as represented by Mi'kmaw Kina'matnewey, as the Committee determines appropriate.

(4) The Committee shall develop its own terms of reference, subject to the approval of the Minister and the Mi'kmaq, as represented by Mi'kmaw Kina'matnewey.

(5) The terms of reference developed under subsection (4) may include

(a) the Committee's rules of procedure;

(b) the quorum required for a meeting of the Committee; and

(c) the frequency and locations of meetings of the Committee.

(6) The Committee is composed of

(a) four members appointed by the Minister;

(b) four members appointed by Mi'kmaw Kina'matnewey;

(c) one member appointed by each of the 13 Mi'kmaw communities in the Province; and

(d) up to four other members, jointly appointed by the Minister and Mi'kmaw Kina'matnewey, representing other communities and organizations.

(7) Each member of the Committee is appointed for a term of three years and may be re-appointed.

(8) A member of the Committee remains a member after the expiry of the member's term until re-appointed or a successor is appointed.

(9) The Minister and the Mi'kmaq of Nova Scotia, as represented by Mi'kmaw Kina'matnewey, may each appoint a member of the Committee as co-chair.

6 This Act has effect on and after October 1, 2022, (Treaty Day) upon the Governor in Council so ordering and declaring by proclamation.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2022 Crown in right of Nova Scotia. Created April 25, 2022. Send comments to legc.office@novascotia.ca.

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1st Session, 64th General Assembly Nova Scotia 71 Elizabeth II, 2022 Government Bill The Honourable Karla MacFarlane Minister of L'nu Affairs First Reading: April 7, 2022 Second Reading: April 12, 2022 Third Reading: April 22, 2022 (LINK TO BILL AS PASSED) WHEREAS the Mi'kmaq have inhabited Mi'kma'ki, including the land

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Long ago Mijip fled her homeland and family. She was captured and imprisoned by her trauma and pain.  After travelling across the great land of Kanata, Mijip stopped to rest.

In the silence of resting from running Mijip realized she had been fighting a battle for her life unknowingly.  Mijip's spirit had been broken and lost.  Someone had taken it from her.

It would be years later that she realized it was her spirit she was looking for, crying out to, running after.  More than anger, more than shame, a deeply-rooted grief lived in Mijip's heart.

Deep in the forest, among the plant and animal Nations, Mijip finally found some peace.  For some of her relatives, it was the first time Mijip was meeting them.

"This is where I belong", Mijip told the 5th wind, "please let me rest here.  I am tired.  I need to nourish myself.  I need to wash myself with songs."

Sounds from the land came to her.  While she was awake, while she was asleep, ancestral sounds and tones woke up her DNA.

"Kwe', welta'si na' nike' pekisin", the land said to Mijip.
"Kwe', wela'lin wet-tluen", Mijip replied.

"Me'talein?", the land asked Mijip.
"O' welei", Mijip replied.

"Am I going crazy?", Mijip thought.

The mountain rumbled, "NO, you're not crazy!  You found your ancestors, they have brought your spirit home".

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Listen first. Speak Later.

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Reversing the Impacts of Colonialism & Genocide

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Reversing the Impacts of Colonialism & Genocide

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Identity, purpose, culture, and political integrity all live within Indigenous languages.  That is why language is known as the heart of the people.

The survival of Indigenous cultures and societies hinges on language, an embodiment of collective Tribal knowledge, beliefs, practices, and intrinsic ties to all creation.

The apocalypse that was employed by colonial authorities against all Indigenous human beings of Turtle Island was calculated and deliberate.  It was by no coincidence that acts of genocide and assimilation were disguised in the name of education.

The “kill the Indian, save a child” campaign was centered around “schools” designed to dismember Indigenous children, families, communities, Nations, and cultures.

Intrinsic relationships were severed.

Speaking the language was a punishable offense.

Indigenous language revitalization is essential to healing individuals, families, communities, Nations, and Mother Earth. It is an act of Truth & Reconciliation.

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Mi'kmaq Online
An online talking dictionary of Mi'kmaw words, searchable in Mi'kmaw or English. Each word is pronounced by at least three speakers.

Jilaptoq
Jilaptoq amalgamates resources, stories, prayers, books and other learning resources in Mi'kmaw.

Learn Mi'gmaq Online
Online language lessons

Learn Mi'gmaq
Mi'gmaw flashcards

First Voices Mi'kmaw Community Portal
Language resources including games, keyboard help and a kids' portal.

Pemaptoq
A daily word Twitter account.

Mi'kmawey Debert Cultural Centre
This site includes recordings of elders' stories, resources for language and education, information about Mi'kmaq communities and more.

Atlantic Canada's First Nation Help Desk - Aboriginal Language
A collection of resources for language learning, including lessons, vocabulary, songs, stories, etc.

Useful Mi'kmaq Apps

Ksite'taqn
A flashcard app with common Mi'kmaw phrases relating to children and child care.

L'nui'suti
Common Mi'kmaq words and phrases.

Tal-Tluen?
Mi'kmaw phrase-building app

Ktapekiaqnn
A collection of Mi'kmaw songs and poems.

ESL Sight Words / Klusuaqnn
An app to support learning at home.

Astue'kl
Mi'kmaw opposites game.

Alasutmaqn
Common prayers and songs in Mi'kmaq.

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Mi'kmaq Online An online talking dictionary of Mi'kmaw words, searchable in Mi'kmaw or English. Each word is pronounced by at least three speakers. Jilaptoq Jilaptoq amalgamates resources, stories, prayers, books and other learning resources in Mi'kmaw. Learn Mi'gmaq Online Online language lessons Learn Mi'gmaq Mi'gmaw flashcards First Voices Mi'kmaw Community Portal Language resources including games, keyboard help and a kids' portal.

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Indigenous Languages of Canada (pdf), Canadian Heritage, Government of Canada. 2017

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Diversity of Indigenous Languages in Kanata

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Diversity of Indigenous Languages in Kanata

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The federal Indigenous Languages Act recognizes Indigenous language rights as Aboriginal rights protected under section 35 of the Constitution Act, 1982.

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Preamble

Whereas the recognition and implementation of rights related to Indigenous languages are at the core of reconciliation with Indigenous peoples and are fundamental to shaping the country, particularly in light of the Truth and Reconciliation Commission of Canada's Calls to Action;

Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples, which affirms rights related to Indigenous languages;

Whereas 2019 has been proclaimed by the General Assembly of the United Nations as the International Year of Indigenous Languages to, among other things, draw attention to the critical loss of Indigenous languages and the urgent need to maintain, revitalize and promote Indigenous languages;

Whereas the Government of Canada recognizes that all relations with Indigenous peoples must be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government;

Whereas First Nations, the Inuit and the Métis Nation have their own collective identities, cultures and ways of life and have, throughout history and to this day, continued to live in, use and occupy the lands that are now in Canada;

Whereas Indigenous languages were the first languages spoken in the lands that are now in Canada and those languages have evolved over time;

Whereas Indigenous languages played a significant part in the establishment of relations between Europeans and Indigenous peoples;

Whereas Indigenous peoples have played a significant role in the development of Canada and Indigenous languages contribute to the diversity and richness of the linguistic and cultural heritage of Canada;

Whereas a history of discriminatory government policies and practices, in respect of, among other things, assimilation, forced relocation and residential schools, were detrimental to Indigenous languages and contributed significantly to the erosion of those languages;

Whereas the status of Indigenous languages varies from one language to another, including with respect to the vitality of those languages, and there is an urgent need to support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen them;

Whereas Indigenous languages are fundamental to the identities, cultures, spirituality, relationships to the land, world views and self-determination of Indigenous peoples;

Whereas efforts to protect the vitality of Indigenous languages contribute to the enrichment of Indigenous knowledge as well as to the prevention of the loss of cultural diversity, biodiversity and spirituality;

Whereas a variety of entities in different regions across Canada have mandates to promote the use of Indigenous languages and to support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen them and there is a need for the Government of Canada to provide continuing support for those entities;

Whereas the Government of Canada is committed to providing adequate, sustainable and long-term funding for the reclamation, revitalization, maintenance and strengthening of Indigenous languages;

Whereas Indigenous peoples are best placed to take the leading role in reclaiming, revitalizing, maintaining and strengthening Indigenous languages;

Whereas Indigenous-language media and lifelong learning of Indigenous languages, including education systems for Indigenous people, are essential to restoring and maintaining fluency in those languages;

Whereas a flexible approach that takes into account the unique circumstances and needs of Indigenous groups, communities and peoples is required in light of the diversity of identities, cultures and histories of Indigenous peoples;

And whereas there is a need to take into account the unique circumstances and needs of Indigenous elders, youth, children, persons with disabilities, women, men and gender-diverse persons and two-spirit persons;

Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

Interpretation

Definitions

federal institution means an entity that is referred to in any of paragraphs (a) to (b) and (d) of the definition department in section 2 of the Financial Administration Act or a Crown corporation, as defined in subsection 83(1) of that Act.‍ (institution fédérale)

Minister means the Minister of Canadian Heritage.‍ (ministre)

Rights of Indigenous peoples

Inconsistency or conflict

Purposes of Act

Purposes

support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen Indigenous languages, including their efforts to

Rights Related to Indigenous Languages

Recognition by Government of Canada

Powers, Duties and Functions of Minister

Consultations - adequate, sustainable and long-term funding

Cooperation to support Indigenous languages

Agreements or arrangements - purposes of Act

Other agreements

Federal Institutions

Translation and interpretation

Office of Commissioner of Indigenous Languages

Establishment

Office established

Status

Appointment of Commissioner

Chief executive officer

Commissioner absent or unable to act

Appointment of directors

Reappointment

Status

Remuneration

Expenses

Employees

Conflict of interest

Head office

Mandate and Powers, Duties and Functions

Mandate

Research or studies

Community assessments

Statistics Canada and Library and Archives Canada

Support offered by Office

Dispute resolution services

Review of complaints

Report

Capacity, rights, powers and privileges

Delegation

Limit of liability

Financial Management

Fiscal year

Expenditure of revenues

Business plan and budget

Scope and contents of business plan

Contents of budget

Activities consistent with business plan

Books and systems

Requirements

Internal audit

Financial statements

Form of financial statements

Annual auditor's report

Contents

include separate statements as to whether in the opinion of the Office's auditor

Audit of quantitative information

Presentation to Minister

Special examination

Examiner

Plan

Reliance on internal audit

Examiner's report

Contents

Posting of summary

Consultation with Auditor General

Right to information

Obligation to inform

Restriction

Qualified privilege

Disclosure of material developments

Annual Report

Contents

Activities of Office and other contents

Tabling in Parliament

Referral to committee

Regulations and Rules

Regulation-making powers

Rules - Office's meetings and activities

Rules - dispute resolution and complaints

Rules - confidentiality

Independent Review

Five-year review

Report

any changes to this Act in relation to, among other things, the mandate or the activities of the Office or the agreements or arrangements made under section 9.

Tabling in Parliament

Referral to committee

Coming into Force

Order in council

Published under authority of the Speaker of the House of Commons

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Government Bill (House of Commons) C-91 (42-1) - First Reading - Indigenous Languages Act - Parliament of Canada

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Whereas the recognition and implementation of rights related to Indigenous languages are at the core of reconciliation with Indigenous peoples and are fundamental to shaping the country, particularly in light of the Truth and Reconciliation Commission of Canada's Calls to Action; Whereas the Government of Canada is committed to implementing

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"According to UNESCO, 75 percent of Canada’s Indigenous languages are endangered, with some being only spoken by a handful of elders. And it is a downward trend."

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The Arctic Institute - Center for Circumpolar Security Studies

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Back to Publications

Residential school, Fort Resolution, Northwest Territories. Photo: Canada. Department of Mines and Technical Surveys. Library and Archives Canada, PA-023095

The state of Indigenous languages in Arctic countries is critical. The International Year of Indigenous Languages (IYIL) in 2019 raised hope to strengthen the appreciation of their importance and their links to identity, culture, and human rights. In a two-part series, I will explore the situation of Indigenous languages in Arctic countries. Instead of providing a comprehensive account of the entirety of Indigenous languages spoken in the Arctic, the aim of these articles is to highlight some issues and experiences.

In Canada, the introduction of the "Indigenous Languages Act" in 2019 reignited discussions on the status and treatment of Indigenous languages and peoples. For this reason, the first article will focus on the example of Canada in order to examine some of the relevant controversies, cases of dispute, and the delicate balance in state support of Indigenous languages. The second article presents an overview of the state of Indigenous languages, challenges, and initiatives in the framework of the 2019 IYIL in several Arctic countries.

The Arctic is home to approximately 50 Indigenous languages, regulated through a diverse array of regional, national, and international laws. While officially these laws have been aimed at defining, maintaining, and revitalizing Indigenous languages, the issue is more complex, especially considering most Arctic states' colonial past. Apart from Iceland, all Arctic states have Indigenous communities. Depending on which methods are used to classify languages and dialects, there are more than 20 Indigenous languages in the Canadian Arctic. Despite similar challenges in many of the Arctic's regions, Indigenous languages in Canada face unique and complex situations that affect their use, well-being, and development.

In time for the United Nations International Year of Indigenous Languages in 2019, the Canadian government put forward an Indigenous Languages Act. The Art received mixed reactions, including being critiqued as colonial by some Indigenous groups. It also raised questions about the availability and access to funding for language education, including lack of funding, as well as Indigenous rights.
The legal status of the Indigenous languages in Canada's northern territories - Northwest Territories, Yukon, and Nunavut - varies significantly. While the Yukon only recognizes English and French as official languages, the Northwest Territories grants official status to nine Indigenous languages belonging to three different language families: Dene, Inuit, and Cree. In Nunavut, the goal of several Acts such as the 2008 Official Languages Act (OLA) and the Inuit Language Protection Act is the protection and promotion of Inuktitut, the official language of the territory in addition to English and French. According to Nymand Larsen and Fondahl, native language retention is considerably higher in Canada's eastern Arctic compared to the western Canadian Arctic and Subarctic.

Number of speakers plummets

According to UNESCO, 75 percent of Canada's Indigenous languages are endangered, with some being only spoken by a handful of elders. And it is a downward trend. In 2016, 15.6 percent of Indigenous people in Canada affirmed that they could converse in an Indigenous language - a rapid decline from 21 percent in 2006. Furthermore, large disparities exist between distinct Indigenous peoples living within the country: 64 percent of Inuit, 21 percent of First Nations peoples and, far behind, only 2 percent of Métis people respectively confirmed their language proficiency. Keeping in mind Canada's history of Indigenous peoples' colonization and the widespread strategic curtailment of their languages and cultures, the ongoing loss of speakers reflects larger issues of Indigenous rights and political representation. Today, there are still significant political, social, and economic discriminatory practices in Canada at the government and societal levels. After all, it was only last year that Canadian Members of Parliament were granted interpretation services for speeches in Indigenous languages in the House of Commons. A multitude of regulations have been aimed at promoting Indigenous languages and redressing the damage caused by the colonization of the Canadian Arctic. Nevertheless, the trend of decreasing numbers of speakers has not been reversed as of yet. In the following section, I will examine some of the reasons why this might be the case.

Historical background

Indigenous rights, including Indigenous language rights, have to be viewed against the background of a tense relationship between the colonial authorities and Indigenous peoples, in particular attempts to "assimilate" or "civilize" Indigenous peoples in Canada over the last few hundred years. Based on the belief that British culture and society were superior, many initiatives from the 1820s onward aimed at "civilizing" the Indigenous peoples, encouraging them to abandon their traditional lifestyles in favor of a lifestyle rooted in agriculture, sedentarism, and Christianity. The 1857 Gradual Civilization Act, for example, offered land and money to those Indigenous individuals willing to adopt a "civilized" lifestyle. Another legislation with serious consequences was the Indian Act of 1876, which granted the federal Department of Indian Affairs greater authority, including control over land and resources, as well as the authority to define who was Indigenous. It was also largely concerned with the assimilation or "civilization" of the First Nations. In 1883, the policy focus shifted to Indigenous education and the establishment of a network of residential schools all over Canada, which more than 150,000 Indigenous children attended between 1857 and 1996. These forced children to relinquish their culture, religion, lifestyle, and language. A large percentage of the children who attended them died at the schools, and those who survived often faced physical, sexual, and psychological abuse. As the Truth and Reconciliation Commission of Canada states in its summary of the final report, these schools were created "for the purpose of separating Aboriginal children from their families, in order to minimize and weaken family ties and cultural linkages, and to indoctrinate children into a new culture - the culture of the legally dominant Euro-Christian Canadian society".

By the late 1940s, after many First Nations had participated in both World Wars and the Korean War, the relationship between Indigenous peoples and the authorities saw some progress. After three court cases on land rights ruled in favor of Indigenous peoples, the Department of Indian Affairs and Northern Development - now Aboriginal Affairs and Northern Development Canada (AANDC) - announced its new Comprehensive Claims Policy in 1973. This enabled the settlement of land claims through a negotiated process and resulted in 22 comprehensive claims agreements. One of them was the 1993 Nunavut Land Claims Agreement, which was the first with Inuit in Canada and was crucial for the creation of the Territory of Nunavut in 1999.

While residential schools were closed, efforts to assimilate Indigenous children have continued to this day. In the 1960s, the "Sixties Scoop" removed Indigenous children from their families and communities and placed them with non-Indigenous families. In 2017, the current disproportionate number of Indigenous children in the child welfare system was acknowledged as a "humanitarian crisis" by Jane Philpott, Canada's Indigenous Services Minister. In Manitoba for instance, out of the 11,000 children in care, 10,000 are Indigenous,, even though Indigenous residents make up only 18 percent of the province's population.

The 1970s also saw the emergence of new education policies, which integrated elements of the Canadian curriculum with traditional cultures and languages. Supported by special grants, these soon gained popularity while the residential school system was slowly phased out. In 1996, the last residential school in Saskatchewan was closed. Around the same time, in 1995, the government's Inherent Right Policy laid the groundwork for negotiating practical arrangements for Indigenous peoples' return to self-government.After the closing of the residential schools system, the deep and lasting negative effects on the children that had attended these schools, as well as on their families, communities, and cultures became increasingly apparent and were spelled out by the Royal Commission on Aboriginal Peoples. In 1998, the government acknowledged its role in the abuse and in 2007, it concluded the Common Experience Package, a compensation package for residential school survivors, which also resulted in the creation of the Indian Residential Schools Truth and Reconciliation Commission. In 2008, the government officially apologized for the Residential Schools system.. Furthemore, while residential schools have closed, efforts to assimilate Indigenous children continue to this day, and have been carried out for decades, including the Sixties Scoop and the current foster care crisis in Canada (for example, 90 percent of children in state care in Manitoba are Indigenous).

Reclaim, revitalize, strengthen

In 2015, the Truth and Reconciliation Commission of Canada (TRC) issued 94 calls to action concerning Indigenous rights. This prompted Prime Minister Justin Trudeau to commit the federal government to "fully implement the Calls to Action of the Truth and Reconciliation Commission, starting with the implementation of the United Nations Declaration on the Rights of Indigenous Peoples". Canadian Heritage, the Assembly of First Nations (AFN), Inuit Tapiriit Kanatami (ITK), and the Métis National Council (MNC) announced their collaboration on the co-development of Indigenous languages legislation. At the beginning of February 2019, the Minister of Canadian Heritage and Multiculturalism, the Honourable Pablo Rodriguez, introduced Bill C-91, the Indigenous Languages Act, in order to "reclaim, revitalize, strengthen and maintain" the country's over 90 Indigenous languages.

The Act is designed to set up the Office of the Commissioner of Indigenous Languages and "work with provinces, territories, Indigenous representative organizations and Indigenous governments to create effective support for Indigenous languages in Canada through a variety of mechanisms." In June 2019, the Act received Royal Assent, which turns the bill into law.

Co-Development?

Officially, the Bill was co-developed by the Department of Canadian Heritage and Indigenous Peoples representatives, namely the ITK, the Assembly of First Nations (AFN), and the Métis National Council (MNC). However, despite being listed on the website of the Co-Development process, ITK clearly distanced itself from the bill. The Maskwacìs Cultural College (MCC), a 'Centre of Excellence in Academics and Cree Indigenous Knowledge', also stated in a position paper that "they do not agree with a consultation process on developing an Indigenous language legislation nor do they support the Federal Government of Canada's plan to legislate the language". While the AFN and the MNC applauded the introduction of the bill, there has been strong criticism from the ITK and other Indigenous organizations, who have called the Act a colonial symbol. The AFN's approval of the Act might be viewed in light of the criticisms the organization has faced in the recent past, for not putting enough pressure on the federal government , as well as not adequately representing the Indigenous population as a whole. This has led to calls for a complete overhaul of the organization, raising the question of whether the people that the AFN officially represents are in favor of Bill C-91.

Replication of colonial policies

Several Inuit organizations, including the ITK, the Inuit Circumpolar Council Canada, Nunavut Tunngavik Incorporated and others, issued a statement at the beginning of February, asserting that, "Inuit participation in and support for this legislative initiative has been contingent on the expectation that any bill would be distinctions-based and include substantive Inuktut-specific provisions that build on existing rights for Inuktut." The ITK considers the bill's lack of Inuit-specificity as a symbol of its colonial character: "The absence of any Inuit-specific content suggests this bill is yet another legislative initiative developed behind closed doors by a colonial system and then imposed on Inuit," the organization has stated. Nevertheless, they emphasize the strength of the Inuktut language: "Eighty four percent of Inuit within the 51 communities that make up Inuit Nunangat report the ability to speak our language - Inuktut - making it the most resilient indigenous language spoken in Canada. Inuktut has official language status in Nunavut and the Northwest Territories, and is an official language of the Nunatsiavut Government, whose jurisdiction encompasses northern Labrador".

Concerns of greater control through the state

The government's intention of regulating their language reminded the Four Chiefs of Maskwacìs of previous attempts to (de-)construct Indigenous identities in Canada. The potential regulations of Indigenous languages that could develop from the bill have repercussions on the core identity of Indigenous peoples, which in the past was often defined by contrasting and disassociating it from a colonizing society.

Carefully distancing itself from any reproduction of colonial processes, the MCC said: "Understanding the implications of imperialistic legislations, policies, and understanding the ways that legislated identities have been constructed for Aboriginal people in Canada are important. The processes and methods can potentially be replicated as it relates to Indigenous languages therefore, we cannot be part of the discourse of replicating colonial classifications and regulations in this form."

The MCC further sets Indigenous languages clearly apart from Canada's official languages of English and French, refusing the same regulations for Indigenous languages, as the regulation by the Government of Canada would risk the Maskwacìs people's "inherent right to determine our own destiny". They add: "The Treaties (Maskwacìs Nêhiyawêwin Declaration - June 21, 2016 and United Nation Declaration on the Rights of Indigenous Peoples) reinforce our language rights. We cannot risk these rights to be further legislated by the Federal Government of Canada. Nêhiyawêwin cannot be advanced and regulated in the same way as the official languages act for French and English in Canada".

Inefficacy

Another criticism is based on previous efforts to address Indigenous languages' disadvantage, which have largely proven ineffective. According to the ITK, "the creation of a national indigenous languages commissioner's office, which is the centrepiece of the bill, will be little more than a substitute for the Aboriginal Languages Initiative Program, itself a failed program which has overseen the decline of indigenous languages in Canada in recent decades".

Nunavut's former Member of Parliament, Hunter Tootoo, who himself is Inuk, understands the ITK's criticism and voted against the second reading of Bill (February 20, 2019). During his time as Member of the Legislative Assembly (MLA) in Nunavut, he was proud of the passage of the Education Act and Inuit Language Protection Act, which promised a fully bilingual education system by 2019. However, such a system is far from being implemented. Already in 2013, a report by the Auditor General of Canada to the Legislative Assembly of Nunavut concluded that the "Government of Nunavut's Department of Education has not adequately managed most aspects of implementation of the Education Act." The reasons include a lack of qualified bilingual teachers, a lack of teaching resources and support, low school attendance and human resource capacity issues of the Government of Nunavut. In June 2019, Nunavut's MLAs considered amending the Act and postponing the schedule to avoid being in breach of their own legislation. As a result, they introduced Bill 25, "An Act to Amend the Education Act and the Inuit Language Protection Act", which passed the second reading in the Legislative Assembly on June 5, 2019. Among other provisions, Bill 25 extends the deadlines for implementing bilingual education and delays the application of the obligations related to instruction in the Inuit Language.

Insecure funding

The Bill comes two years after the Government of Canada invested $89.9 million over three years for promoting Indigenous languages and cultures.However, some communities, such as the Maskwacìs Cree Tribal Council, question the funding that comes with the bill. One of the Maskwacìs Cree Tribal Council's concerns is that the financing required for the federal bureaucratic structures set up by the bill will divert money away from language programs and projects. The ITK agreed and said: "Unlike provincial and territorial languages commissioners, the national indigenous languages commissioner will be a powerless advocacy body, perpetually burdened by costly and onerous reporting duties. It will be controlled by the federal government and serve to consume resources best directed to indigenous peoples ourselves".

Mainstay of culture and identity

Despite the different conceptions of political representation and what constitutes legal regulations favorable to promoting Indigenous languages, the importance of the languages and their link to the survival of cultures is uncontested. This is why the topic is so hotly debated and of critical importance, not only for Indigenous peoples, but for Canadian society as a whole. During an interview on CBC news, AFN National Chief Perry Bellegarde commented: "Canadians and all parliamentarians must support this bill, because we all understand that language is identity, language is culture, language is life".

Likewise, Åsa Larsson Blind, former president of the Saami Council, explained in a personal interview the importance of aspects often overlooked when it comes to the languages, in this case the Indigenous Saami languages in the Nordic countries: "A language is so much more than just a means of communication: It's a source of knowledge. Sometimes we simplify what a language is and the true value and meaning of the diversity of languages." Referring to the constant translations necessary between minority and other languages, she recognized that languages carry knowledge and that the "true meaning of words" is not always easy to translate.

To conclude, one can say that even though big advances were made in recognizing, maintaining and promoting Indigenous languages, there is still ample room for improvement. The current debates show the need to emphasize the link between language, culture and identity and therefore the languages' role in a diverse and sustainable society. It would also be beneficial to reinforce the visibility of Indigenous languages' contribution to contemporary challenges, such as the development of inclusive societies based on equality or the fight against climate change, which has a strong impact on the homeland of the Indigenous peoples of the Arctic. More research needs to be done to determine effective structures to ensure Indigenous peoples' inclusion in decision-making, as well as to guarantee their rights. Consistent, reliable, effective and secure funding also remains a crucial challenge to overcome.

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Controversies Around Endangered Indigenous Languages in the Canadian Arctic (Part I)

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Back to Publications Residential school, Fort Resolution, Northwest Territories. Photo: Canada. Department of Mines and Technical Surveys. Library and Archives Canada, PA-023095 The state of Indigenous languages in Arctic countries is critical. The International Year of Indigenous Languages (IYIL) in 2019 raised hope to strengthen the appreciation of their importance and their links to identity, culture, and human rights.

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September 13, 2020, marks thirteen years since the United Nations General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).

In a historic vote on September 13, 2007, 144 countries voted for the Declaration, only 11 abstained, and only four (Australia, Canada, New Zealand, and the United States) voted against it. Since 2007, all four countries, including the United States, have reversed their positions and now officially endorse the Declaration.

The Declaration is the outcome of 25 years of hard negotiations. The rights spelled out in the document "constitute the minimum standards for the survival, dignity and well-being of the Indigenous Peoples of the world." The Declaration protects collective rights and individual rights of Indigenous Peoples in relation to self-government, land, education, employment, health and other areas.

The Declaration also requires countries to consult with Indigenous Peoples with the goal of obtaining their consent on matters which concern them. As explained by former UN Special Rapporteur on the Rights of Indigenous Peoples, James Anaya, the right of self-determination is "to be full and equal participants in the creation of the institutions of government under which they live and, further, to live within a governing institutional order in which they are perpetually in control of their own destinies."

While several countries have made steps towards aligning their policies with the standards enshrined in the Declaration, however, an implementation gap remains.

Beginnings

August 18, 1971
José Ricardo Martínez Cobo is appointed as Special Rapporteur of the Study of the Problem of Discrimination against Indigenous Populations. The Cobo Report is presented to the Sub-Commission on the Prevention
of Discrimination and the Protection of Minorities (Sub-Commission) during its 1981-1983 sessions.

May 7, 1982
Sub-Commission establishes an annual Working Group on Indigenous Populations (WGIP) to take up work
related to the Cobo Report.

Drafting & Debating Phase

August 27, 1985
WGIP formalizes production of a Draft Declaration on the Rights of Indigenous Peoples to fulfill the second
aspect of its mandate "to give attention to the evolution of international standards concerning Indigenous rights."

July 1993
WGIP agrees on a final text for the draft Declaration and submits it to the Sub-Commission.

August 26, 1994
Sub-Commission Resolution 45/1994 approves the draft text without a vote and passes it on to the
Commission on Human Rights (Commission).

March 3, 1995
Commission Resolution 32/1995 establishes a Working Group of the Commission on Human Rights to
elaborate a draft declaration (Working Group). The text is to be considered for adoption by the General Assembly within the International Decade of the World's Indigenous People (1995-2004).

November 20-December 1, 1995
A joint Indigenous Peoples Caucus Statement calls for the immediate adoption of the Declaration as submitted by the Sub-Commission without change, amendment, or deletion. Only three governments indicate willingness to accept the text without changes.

November 1997
Article 5 (Every Indigenous individual has the right to a nationality) and Article 43 (All rights are equally guaranteed to male and female Indigenous individuals) are provisionally adopted by the Working Group.

November 20-December 1, 2000
The Inuit Circumpolar Conference and Saami Council deliver and lobby a joint statement indicating a willingness to consider changes in the Sub-Commission text if such amendments strengthen
or clarify the text and conform to international legal standards. Guatemala and Mexico adopt a no-change position. With "no-change" groups in both government and Indigenous Peoples' camps, any progress in the negotiations is effectively blocked.

September 13-24, 2004
Representatives of New Zealand, on behalf of Denmark, Finland, Iceland, New Zealand, Norway, Sweden, and Switzerland submit a comprehensive package of proposed changes to the Sub-Commission text. The majority of proposed changes are included in the text adopted by the General Assembly in September 2007.

November 29-December 3, 2004
Norway proposes that Guatemala and Mexico take over Norway's responsibilities to facilitate consensus
on proposed text amendments, forcing the two delegations to seek consensus.

December 5-16, 2005 and January 30-February 3, 2006
The Working Group ends its 11th and final session with 16 preambular paragraphs and 21 articles ready
for adoption. Fundamental issues such as self-determination, lands and resources, the nature of collective rights, third party rights, and the rights of all other citizens still lack consensus.

November 28, 2006-September 13, 2007
At the General Assembly's 61st session Namibia, acting on behalf of the African Group, tabled a proposal to postpone consideration of the Declaration to allow time for 'further consultations' essentially blocking its adoption. The main issue of self-determination was at the core of this move. Indigenous Peoples, led by their Global Steering Committee, and supportive governments, led by Guatemala, Mexico, and Peru, collaborated throughout the year, continuously lobbying to overcome some governments' efforts to derail the Declaration.

September 13, 2007
The Declaration is finally adopted by the General Assembly with a majority of 143 states in favor, 4
votes against (Australia, Canada, New Zealand, and the United States), and 11 abstentions.

October 18, 2007: Aurelio Cal v. Attorney General of Belize
The Supreme Court of Belize ruled that the national government must recognize Indigenous Mayans' customary tenure to land and refrain from any act that might prejudice their use or enjoyment of this land, referencing the Declaration. The Supreme Court of Belize held that the government of Belize is obligated, under the constitutional rights to property, non-discrimination, life, liberty, security of the person, and protection of the law, to respect and protect Maya land rights in the Toledo District of southern Belize.10 In its decision, the Supreme Court of Belize became the first national high court to cite the United Nations Declaration on the Rights of Indigenous Peoples ("UNDRIP"). The court acknowledged that the UNDRIP was a nonbinding instrument, but that "where these resolutions or Declarations contain principles of general international law . . . states are not expected to disregard them."

November 28, 2007: Saramaka People v. Suriname
A judgment of the Inter-American Court of Human Rights found the State of Suriname committed violations of the American Convention against the members of the Saramaka Peoples, a Tribal community living in the Upper Suriname River region, by failing to adopt effective measures to recognize the Saramaka people's right to the use and enjoyment of the territory they traditionally occupy. The judgement references Article 32 of the Declaration.

April 3, 2009
Following a change of government, Australia shifted its position in support of the Declaration.

February, 2, 2010: Endorois Community v. The Republic of Kenya
In a landmark decision adopted by the African Union the African Commission declared the expulsion of Endorois from their ancestral lands illegal. The African Commission found that the Kenyan government had failed to recognize and protect Endorois' ancestral land rights and failed to provide sufficient compensation or alternative grazing land following their eviction, or to grant restitution of their land, and similarly failed to include the community within the relevant development processes.The Endorois also argued that the Declaration gives Indigenous Peoples the right "to maintain, protect and have access in privacy to their religious and cultural sites ...." (UNDRIP Art. 12)

April 20, 2010
Minister of Māori Affairs, the Hon Dr Pita Sharples, appeared before the United Nations Permanent Forum on Indigenous Issues and announced New Zealand's support for the Declaration on the Rights of Indigenous Peoples.

Canada endorses the Declaration reversing its initial opposition to the document.

December 15, 2010
At the White House Tribal Nations Conference, U.S. President Barack Obama announced that the United States would "lend its support" to the UN Declaration on the Rights of Indigenous Peoples. "The aspirations it affirms," he said, "including the respect for the institutions and rich cultures of Native Peoples, are one we must always seek to fulfill. . . I want to be clear: what matters far more than words, what matters far more than any resolution or declaration, are actions to match those words. And that's what this conference is about. . . That's the standard I expect my administration to be held to."

June 27, 2012: Sarayaku v. Ecuador
The Inter-American Court of Human Rights ruled in favor of the Sarayaku Peoples, affirming and upholding the right of free, prior and informed consent (FPIC) of Indigenous Peoples along with the standards for its application.

September 22-23, 2014: World Conference on Indigenous Peoples
The meeting was an opportunity to share perspectives and best practices on the realization of the rights of Indigenous Peoples, including pursuing the objectives of the United Nations Declaration on the Rights of Indigenous Peoples.

November 25, 2015: Kalina and Lokono Peoples v. Suriname
The Inter-American Court of Human Rights held that the state of Suriname had violated the rights of Kalina and Lokono Indigenous Peoples by denying recognition of their juridical personality and their entitlement to collective property and judicial protection. The court repeatedly cited the Declaration and used the Declaration to interpret the American Convention on Human Rights. The Court's reliance on the Declaration and fortifies the already persuasive arguments about the legal implications of and the stature of the Declaration.

May 26, 2017: Ogiek v. Kenya
Following the adoption of the Declaration, one of the major milestones of Indigenous Peoples' rights in Africa was the African Commission's decision upholding the land-related rights of the Ogiek people and finding violations of each of the rights claimed except for the right to life. The specific Declaration articles this case relied on were 8, 23, 26.

2017: Te Awa Tupua (Whanganui River Claims Settlement) Act
Te Awa Tupua Act became the first piece of legislation in the world to declare a river a legal person. Through this grant of legal personality the Whanganui River acquires the rights, duties, powers and liabilities of an entity with legal standing including the ability to sue those who harm it. This legislation is aimed at reconciling the relationship between the government of Aotearoa/New Zealand and the Māori Peoples in light of the principles of the Treaty of Waitangi. While this Act does not include language or direct reference to the Declaration it embodies many of the underlying principles of the Declaration.
This demonstrates that UNDRIP has influenced Indigenous Peoples legal arguments.

November 28, 2019
British Columbia became the first jurisdiction in Canada to incorporate the United Nations Declaration on the Rights of Indigenous Peoples, making the Declaration part of B.C. law.

Les Malezer on Commemorating UNDRIP

Listen to Les Malezer (Gubbi Gubbi), former Expert member on the Permanent Forum on Indigenous Issues, on commemorating 13 years of the Declaration. Malezer with the Global Indigenous Peoples Caucus worked to advance the Declaration through the final stages to the UN General Assembly in 2007.

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Celebrating 13 Years of the UN Declaration on the Rights of Indigenous Peoples

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September 13, 2020, marks thirteen years since the United Nations General Assembly adopted the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). In a historic vote on September 13, 2007, 144 countries voted for the Declaration, only 11 abstained, and only four (Australia, Canada, New Zealand, and the United States) voted against it.