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Information note: Parliamentary initiatives on Indigenous Languages on BallotsCEO Appearance on the study on Indigenous languages on ballots before the Standing Committee on Procedure and House Affairs

Introduction

On June 14, 2021, Nunavut MP Mumilaaq Qaqqaq (NDP) introduced Bill C-309, An Act to amend the Canada Elections Act (Indigenous Languages) in the House of Commons. Following the introduction of the Bill, the Standing Committee on Procedure and House Affairs (PROC) briefly discussed the subject of Indigenous languages on federal election ballots during clause-by-clause consideration of Bill C-19, An Act to amend the Canada Elections Act (COVID-19 response), and agreed to a motion, advanced by Hon. Ginette Petitpas Taylor (Moncton—Riverview—Dieppe, LPC), to study the subject as its next order of business.

However, the call of the 44th general election (GE) in August 2021 means that Bill C-309 and the motion by Ms. Petitpas Taylor are no longer before Parliament. During the election, political parties published their electoral platforms, including where they stand regarding the ballot language question and other Indigenous languages issues.

The following provides an overview of Bill C-309, as well as parliamentary debates, government initiatives, public discussion and Elections Canada (EC) statements on the topic of Indigenous languages on federal ballots. It also includes a section related to the 44th GE including political party platform promises, reaction to the availability of election information in Indigenous languages, and responses from the Chief Electoral Officer (CEO). Note that the CEO has not commented on the issue of Indigenous languages on ballots in any committee appearances during his tenure.

Bill C-309

Bill C-309 sought to require Indigenous languages on federal election ballots under certain circumstances including:

  • in any electoral district (ED) that is, or includes, Indigenous land or in which a language of at least 1% of the electors is an Indigenous language, and
  • on request by an elector who makes an application for registration and special ballot that the special ballot be printed in an Indigenous language.1

The bill was not debated prior to the summer recess and remains at first reading. In her speech when introducing the Bill, Ms. Qaqqaq said that because reducing barriers is important for democracy, Canada must act to reduce the language barrier for Indigenous language speakers, whose voter turnout is lower. Ms. Qaqqaq noted that at the last general election (GE), turnout for Indigenous people living on reserve was 51.8%, and under 50% for Nunavut. She urged the government to put reconciliation on the ballot, and argued that recognizing the right of Indigenous peoples to vote in their languages is one small step in the right direction.2

Debate in PROC

Bill C-19 clause-by-clause consideration

On June 17, 2021, during PROC's clause-by-clause consideration of Bill C-19, Daniel Blaikie (Elmwood—Transcona, NDP) moved to amend Bill C-19 to provide for the inclusion of Indigenous languages on federal election ballots under certain circumstances. Four motions in total were drafted, however, once the Chair ruled the first two amendments inadmissible because they were beyond the scope of Bill C-19, Mr. Blaikie did not move the third and fourth amendments.

The first amendment moved by Mr. Blaikie proposed the inclusion of Indigenous languages on federal election ballots under circumstances that closely reflect those in Bill C-309, including in any ED that is, or includes, Indigenous land or in which a language of at least 1% of the electors is an Indigenous language. The second called for all federal election ballots in Nunavut to be printed in English, French, Inuktitut and Inuinnaqtun, using the appropriate writing systems for each language, including syllabics. The two unmoved amendments provided for Indigenous languages to be included on special ballots by request, and specifically in Nunavut.3

During the debate, Ms. Qaqqaq argued the goal of the amendments was to ensure Indigenous people are included in the voting process, noting that 60% of people in Nunavut have Inuktitut as their mother tongue. She also repeated that the Commissioner of Nunavut has said Indigenous people turn out in lower numbers when their language is not available on the ballot, and argued that including Indigenous languages on the ballot would be an opportunity to promote reconciliation.4

In ruling the amendments out of order, Ruby Sahota, then PROC Chair, agreed that ballots should be available in Indigenous languages, and expressed hope that this is something that could be done in the future.5

In response to the Chair's ruling, Mr. Blaikie argued that in addition to considering public safety during a pandemic, Parliament should consider testimony from Indigenous people who have said that there are additional barriers to voting because of the pandemic. According to Mr. Blaikie, adding Indigenous languages to ballots would be a chance to eliminate some long-standing barriers, at least on a trial basis.6

Motion to study Indigenous languages on ballots

On June 22, during its final meeting before the summer recess, PROC agreed unanimously to a motion, presented by Hon. Ginette Petitpas Taylor, to study the topic of Indigenous languages (or languages of electors) on ballots.7 According to the motion, this study will be PROC's next order of business, and will result in a report of findings and recommendations to the House (see Annex A for the full text of the motion).8

During debate on the motion, Conservative members John Nater (Perth—Wellington) and Karen Vecchio (Elgin—Middlesex—London) noted their party's support, but criticized the government for initiating a study by PROC during the final committee meeting before summer recess, instead of introducing legislation on the topic. Mr. Blaikie echoed these comments and said he would prefer to be studying this in the context of a bill, instead of as a committee study.9 Alain Therrien (La Prairie, BQ) referred to the struggles of francophones in Quebec, and said he would support any measure to promote and protect Indigenous languages.10

Blaine Calkins (Red Deer—Lacombe, CPC) suggested placing translated signs inside the voting screen in languages widely used in a region or ED that electors could cross-reference with their ballot. He noted, however, that because the motion already presumes a solution, his idea will not be considered.11

Relevant government initiatives

On February 19, 2021, when introducing the Government's public reform document for the modernization of the Official Languages Act, Hon. Mélanie Joly (Minister of Economic Development and Official Languages) argued that any language policy in the country should and must take into account Indigenous languages, and offered the government's steadfast support to the work being done by Indigenous communities to recover and reclaim their language.12

In June 2021, Hon. Steven Guilbeault (Minister of Canadian Heritage) announced the first Commissioner and Directors of Indigenous Languages to the Office of the Commissioner of Indigenous Languages (OCIL).13 The role of the OCIL is to:

  • Help promote Indigenous languages;
  • Support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen their languages;
  • Facilitate the resolution of disputes and review complaints to the extent provided by the Act; and
  • Support innovative projects in Indigenous language education and revitalization.

The PROC motion to study Indigenous language on the ballot, moved by a Liberal MP, and appointment of the OCIL and its members may signal the government's willingness to consider expanding the inclusion of Indigenous languages on official documents, including election ballots.

Public discussion

There has been limited but increasing public discussion of the topic of Indigenous languages on federal ballots. During the 2019 federal election, Aluki Kotierk, president of Nunavut Tunngavik Inc, an organization that works to ensure that promises made under the Nunavut Agreement are carried out, argued that the absence of Indigenous languages on ballots can impede on a person's democratic rights under the Charter. At the time, she encouraged residents to write to the office of Nunavut's language commissioner with complaints about the issue.14

When asked about calls for putting Inuktitut on federal ballots during the 2019 GE, EC spokesperson Matthew McKenna noted that adding syllabics to the ballot would require changes to Canada Elections Act.15

In March 2021, candidates spoke out about the lack of ballots and other information in Indigenous languages during the provincial election in Newfoundland and Labrador. Two election candidates noted that the province's CEO previously committed to having election materials, including ballots, translated into Newfoundland and Labrador's Indigenous languages, but said the material was not provided during the election. Progressive Conservative candidate Shannon Tobin said there are issues at in-person polling stations where voters need translation services and are relying on a lone scrutineer to provide translated instructions and noted that there should be access for all electors. An Elections NL spokesperson explained that the CEO sought translation assistance when the election moved to vote-by-mail, but the timeline for translations would not have met Elections NL's deadline for mailing out voting kits.16

In a May 27, 2021, Nunatsiaq News article, Nunavut's Language Commissioner, Karliin Aariak, noted that there are unilingual Inuit language speakers in Nunavut and argued that EC could recognize Nunavut's official languages by having Inuit languages on the ballot, if EC wants to show their respect for Nunavummiut's right to vote. Ms. Aariak added while EC allows electors to bring a helper to interpret, this practice can discourage users as it may compromise the secret of the vote.17 In response, EC spokesperson Natasha Gauthier is quoted as saying that EC is not aware of any complaints made to the commissioner about services to Inuit in the 2019 election.18

According to EC's Environmental Monitoring team, the introduction of Bill C-309 earned a high volume of reactions on social media during the week of June 11-17, 2021. The discussion was led primarily by Ms. Qaqqaq over Twitter, where she encouraged Canadians to send emails to the Minister of Democratic Institutions, Minister LeBlanc. Reactions to the posts were mixed but mostly positive, with many users expressing their support or voicing dismay that ballots were only in English and French. Others tied the Bill to reconciliation. The few negative reactions to the Bill claimed that there were more than 70 Indigenous languages and adding them all to ballots would be impractical. The topic of Indigenous languages on ballots was much less salient in the following weeks.

CEO public statements

A review of the CEO's appearances before parliamentary committees throughout his tenure shows that while he has responded to questions about the availability of voter information from EC in Indigenous languages, he has not been questioned in committee about the inclusion of Indigenous languages on ballots.

2021 general election

Political party platforms

During the 44th GE, federal parties shared their positions on issues related to Indigenous languages. The NDP was the sole party to propose that federal ballot include Indigenous languages like Inuktitut and Inuinnaqtun. The NDP, Liberal Party, and Green Party made general promises to protect, promote and revitalize Indigenous languages.19

Commentary

During the 44th GE, in a September 22, 2021, Nunatsiaq News article, Nunavut Senator Dennis Patterson decried the lack of Inuktut signage at voting stations and said that If EC is going to truly [respond] to the needs of Canadians involved in the electoral process' as they state on their website, then they need to ensure that unilingual Inuit don't have language barriers at the polls. Karliin Aariak, Nunavut's Official Languages Commissioner, stated in the article that increased concern about Inuktut being on signage shows that more Nunavummiut are recognizing their language rights and encouraged them to contact her office with concerns. The article states that EC was not immediately available for comment.20

During, and immediately following the election, the CEO wrote to Ms. Aariak and to Senator Patterson and acknowledged unique barriers faced by Inuit electors in the electoral process, including language barriers. In the letters, the CEO provided information about EC's products and services, including the Guide to the federal election in Inuktituk, posters at polling locations to assist unilingual Nunavummiut speakers to vote independently, the use of the CanTalk real-time language interpretation service available in Inuktitut and Inuinnaqtun, and EC's work with stakeholders. In his letter to Ms. Aariak, the CEO also addressed efforts made to hire poll workers who speak at least one Inuit language, and the requirement for legislative change before Indigenous languages could be added to federal ballots.

The CEO expressed EC's commitment to continue work to improve election services and with stakeholders to further reduce barriers. To Senator Patterson, the CEO said that the assessment of the federal election will look closely at the experience of electors, including in Northern communities, which may lead to recommendations to Parliament for legislative changes.21

Annex A: Text of PROC Motion

The motion, agreed to by PROC on June 22, 2021, is as follows:

"That the committee undertake a study of the measures necessary to ensure that the Chief Electoral Officer is empowered to require that ballots for electoral districts be prepared and printed in the Indigenous language or languages of electors, using the appropriate writing systems for each language, including syllabics if applicable, in addition to both official languages;

That this study include meaningful consultation with Indigenous language speakers and First Nations, Inuit, and Métis leaders across Canada;

That this study include consideration of the status Indigenous languages and the rights of Indigenous language speakers across the country;

That the committee report its findings and recommendations to the House;

That, pursuant to Standing Order 109, the committee request that the Government table a comprehensive response [sic] to this report; and,

That the committee resolve to undertake this study as its next order of business."22

Footnotes

  1.  1 House of Commons, Mumilaaq Qaqqaq, C-309, An Act to amend the Canada Elections Act (Indigenous languages), C-309, first reading, 43-2, June 14, 2021, https://parl.ca/DocumentViewer/en/43-2/bill/C-309/first-reading
  2.  2 House of Commons, Hansard-117, Mumilaaq Qaqqaq, 14-06-2021, 16:14, https://www.ourcommons.ca/DocumentViewer/en/43- 2/house/sitting-117/hansard 12-07-2021.
  3.  3 House of Commons, Standing Committee on Procedure and House Affairs (PROC), 43-2 Parliament, meeting 32, June 17, 2021, Evidence, 11:30 to 11:35, https://www.ourcommons.ca/DocumentViewer/en/43-2/PROC/meeting-32/evidence, 28-07-2021.
  4.  4 House of Commons, Standing Committee on Procedure and House Affairs (PROC), 43-2 Parliament, meeting 32, June 17, 2021, Evidence, 11:15 to 11:20, https://www.ourcommons.ca/DocumentViewer/en/43-2/PROC/meeting-32/evidence, 28-07-2021.
  5.  5 House of Commons, Standing Committee on Procedure and House Affairs (PROC), 43-2 Parliament, meeting 32, June 17, 2021, Evidence, 11:00 to 11:35, https://www.ourcommons.ca/DocumentViewer/en/43-2/PROC/meeting-32/evidence, 28-07-2021.
  6.  6 House of Commons, Standing Committee on Procedure and House Affairs (PROC), 43-2 Parliament, meeting 32, June 17, 2021, Evidence, 11:20 to 11:25, https://www.ourcommons.ca/DocumentViewer/en/43-2/PROC/meeting-32/evidence, 28-07-2021.
  7.  7 House of Commons, Standing Committee on Procedure and House Affairs (PROC), 43-2 Parliament, meeting 34, June 22, 2021, Evidence, 12:45 to 12:55, https://www.noscommunes.ca/DocumentViewer/fr/43-2/PROC/reunion-34/temoignages 28-07-2021.
  8.  8 House of Commons, Standing Committee on Procedure and House Affairs (PROC), 43-2 Parliament, meeting 34, June 22, 2021, Evidence, 12:55 to 13:00, https://www.noscommunes.ca/DocumentViewer/fr/43-2/PROC/reunion-34/temoignages 28-07-2021.
  9.  9 House of Commons, Standing Committee on Procedure and House Affairs (PROC), 43-2 Parliament, meeting 34, June 22, 2021, Evidence, 12:55, https://www.noscommunes.ca/DocumentViewer/fr/43-2/PROC/reunion-34/temoignages 28-07-2021. Intégrité, Politique régulatoire et Affaires parlementaires (IPRAP) Integrity, Regulatory Policy and Parliamentary Affairs (IRPPA) 6
  10.  10 House of Commons, Standing Committee on Procedure and House Affairs (PROC), 43-2 Parliament, meeting 34, June 22, 2021, Evidence, 13:00, https://www.noscommunes.ca/DocumentViewer/fr/43-2/PROC/reunion-34/temoignages 28-07-2021.
  11.  11 House of Commons, Standing Committee on Procedure and House Affairs (PROC), 43-2 Parliament, meeting 34, June 22, 2021, Evidence, 12:50 to 12:55, https://www.noscommunes.ca/DocumentViewer/fr/43-2/PROC/reunion-34/temoignages 28-07-2021.
  12.  12 House of Commons, Hansard-62, Mélanie Joly, 19-02-2021, 12:13, https://www.ourcommons.ca/PublicationSearch/en/?View=D&Item=&ParlSes=43- 2&oob=&Topic=53236&Proc=&Per=&Prov=&Cauc=&Text=Indigenous%20rights&RPP=15&order=&targetLang=&SBS=0&MRR=2000000 &Page=1&PubType=37 12-07-2021.
  13.  13 Canada Government, Canadian Heritage, The First Commissioner and Directors of Indigenous Languages are Appointed, 2021-06-14, https://www.canada.ca/en/canadian-heritage/news/2021/06/the-first-commissioner-and-directors-of-Indigenous-languages-are-appointed.html
  14.  14 CBC, Nunavummiut call for Inuktitut on federal election ballots. https://www.cbc.ca/news/canada/north/inuktitut-federal-election- 1.5327106
  15.  15 CBC, Nunavummiut call for Inuktitut on federal election ballots. https://www.cbc.ca/news/canada/north/inuktitut-federal-election- 1.5327106
  16.  16 CBC News, Elections NL failing to provide promised support for Indigenous voters, candidates say, March 5, 2021, https://www.cbc.ca/news/canada/newfoundland-labrador/Indigenous-voters-labrador-1.5936654
  17.  17 Mélanie Ritchot, Inuktut speakers left out of federal elections, say Nunavut MP and language commissioner, Nutnatsiaq News, May 27, 2021, https://nunatsiaq.com/stories/article/inuktitut-speakers-left-out-of-federal-elections-say-nunavut-mp-and-language-commissioner/ 05- 08-2021.
  18.  18 Mélanie Ritchot, Inuktut speakers left out of federal elections, say Nunavut MP and language commissioner, Nutnatsiaq News, May 27, 2021, https://nunatsiaq.com/stories/article/inuktitut-speakers-left-out-of-federal-elections-say-nunavut-mp-and-language-commissioner/ 05- 08-2021.
  19.  19 Elections Canada, Political Party Platforms – 44th GE - Overview of platform promises of interest to Elections Canada, September 14, 2021.
  20.  20 David Lochead, Nunatsiaq News, Nunavut senator decries lack of Inuktut signage at voting stations, September 22, 2021, https://nunatsiaq.com/stories/article/nunavut-senator-decries-lack-of-inuktut-signage-at-voting-stations/, 24-09-2021.
  21.  21 Stéphane Perrault, letter to Senator Dennis Patterson, September 24, 2021.
  22.  22 House of Commons, Standing Committee on Procedure and House Affairs (PROC), 43-2 Parliament, meeting 34, June 22, 2021, Minutes, https://www.noscommunes.ca/DocumentViewer/fr/43-2/PROC/reunion-34/temoignages 28-07-2021.