Frequently Asked Questions About the Office of the Commissioner of Indigenous Languages
The establishment of the Office of the Commissioner of Indigenous Languages (OCIL) is an important element in the implementation of the Indigenous Languages Act.
The appointment of the Commissioner and three Directors to the OCIL took effect on July 12, 2021. The Commissioner and each Director, who collectively are the governing body of the OCIL and provide operational and strategic oversight, have been appointed by Canada for a term of five years.
The Indigenous Languages Act (the Act) created the OCIL as an independent body whose overarching purpose is to help promote Indigenous languages and support the efforts of Indigenous peoples to reclaim, revitalize, strengthen, and maintain their languages.
The Act and the creation of the OCIL responds to decades of advocacy and research on Indigenous languages.
Over the past 30 years, much research and analysis has been conducted that is consistent with assertions by the United Nations Educational, Scientific and Cultural Organization (UNESCO) that no Indigenous language in Canada is considered safe and that all are in varying states of endangerment. These bodies of work include:
- The 2015 Final Report of the Truth and Reconciliation Commission, including its Call to Action 15 which called on the Government to appoint an Indigenous Languages Commissioner to help promote Indigenous languages and report on the adequacy of federal funding of Indigenous languages initiatives.
- The 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), including Article 13 which describes the right to language.
- The 2005 report by the Task Force on Aboriginal Languages: “Towards a New Beginning: A Foundational Report for a Strategy to Revitalize First Nation, Inuit and Métis Languages and Cultures.
- The 1996 Final Report of the Royal Commission on Aboriginal Peoples (RCAP).
The OCIL was established through the Indigenous Languages Act which received Royal Assent in 2019.
The Commissioner and three Directors of Indigenous Languages took office in July 2021.
The OCIL is an independent body (independent of governments and political and other organizations).
As of July 2021, the OCIL has a Governing Board in place comprised of the Commissioner and the three Directors. The Governing Board provides governance and strategic direction over the organization. It establishes and monitors strategic policies that inform the overarching management of the OCIL towards achieving its objectives.
As the first Commissioner and Directors, the Governing Board has been responsible for building the OCIL from the ground up. It is this detailed work that is the foundation for a strong, independent, and enduring OCIL.
As set out in the Indigenous Languages Act, the OCIL’s mandate is to:
- help promote Indigenous languages;
- support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen Indigenous languages;
- facilitate the resolution of disputes and review complaints to the extent provided by the Indigenous Languages Act; and
- promote public awareness and understanding about:
- the diversity and richness of Indigenous languages,
- the inseparable link between Indigenous languages and the cultures of Indigenous peoples,
- the rights of Indigenous peoples related to Indigenous languages,
- the significance of those rights for Indigenous peoples, as well as for the general public,
- the negative impact of colonization and discriminatory government policies on Indigenous languages and the exercise of those rights, and
- the importance of working toward and contributing to reconciliation with Indigenous peoples; and
- support innovative projects and the use of new technologies in Indigenous language education and revitalization, in cooperation with Indigenous governments and other Indigenous governing bodies, Indigenous organizations, the Government of Canada and provincial and territorial governments.
The main activities of the OCIL since July 2021 have centred on standing up the OCIL’s operations, initiating baseline research, and fulfilling legislated deadlines including annual reporting to the Minister of Canadian Heritage.
Once fully operational, the work of the OCIL will be focused on further implementing its legislated mandate, which includes:
- promoting public awareness of, among other things, the richness and diversity of, Indigenous languages;
- undertaking research or studies related to the provision of funding to support Indigenous languages and the use of Indigenous languages in Canada; and,
- providing mediation or other culturally appropriate services to facilitate the resolution of disputes.
There is an urgent need to reclaim, revitalize, strengthen, and maintain Indigenous languages.
Research conducted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) confirms that all Indigenous languages in Canada are vulnerable. The status of three-quarters of these languages’ ranges from endangered to critically endangered.
Investing in the reclamation, revitalization, strengthening and maintenance of Indigenous languages will help in halting and reversing the erosion of languages that has already occurred.
Indigenous languages are fundamental to the identities, cultures, spirituality, relationships to the land, world views and self-determination of Indigenous peoples. Consequently, efforts to protect the vitality of Indigenous languages contributes to the enrichment of Indigenous knowledge as well as to the prevention of the loss of cultural diversity, biodiversity, and spirituality.
Indigenous peoples are best placed to take the leading role in reclaiming, revitalizing, maintaining, and strengthening Indigenous languages with support from others including the Office of the Commissioner of Indigenous Languages.
The work of the OCIL, among other things, will show how Indigenous languages have and continue to contribute to the strength, diversity, and richness of the linguistic and cultural heritage of Canada as a whole.
The Indigenous Languages Act specifies that the rights recognized and affirmed by section 35 of the Constitution Act includes rights related to Indigenous languages.
The Act is the first piece of legislation in Canada to provide clarity to the meaning of the Aboriginal rights recognized and affirmed in the Constitution. It identifies Indigenous languages to be one of those rights and provides a statutory base to exercise those rights.
The Act establishes the OCIL as part of an enabling framework that is intended to assist Indigenous peoples with the reclamation, revitalization, strengthening and maintenance of their languages.
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) sets out the rights of Indigenous peoples to their languages. Article 13 states that:
- 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.
- 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.
The United Nations adopted UNDRIP on September 13, 2007. Canada endorsed UNDRIP in 2016.
In 2016 the Honourable Carolyn Bennett (then Minister of Indigenous and Northern Affairs) announced, among other things, that “Canada is now a full supporter, without qualification, of the United Nations Declaration on the Rights of Indigenous Peoples.” In this announcement, the Minister affirmed “Canada’s commitment to adopt and implement the Declaration in accordance with the Canadian Constitution.”
In December 2020, the Government of Canada introduced legislation to implement the Declaration. On June 21, 2021, Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act received Royal Assent.
Section 35 of the Constitution Act, 1982 explicitly recognizes and affirms the existing Aboriginal and treaty rights of the Indigenous peoples of Canada.
The Indigenous Languages Act recognizes that the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 include rights related to Indigenous languages.
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- We call upon the federal government to acknowledge that Aboriginal rights include Aboriginal language rights.
- We call upon the federal government to enact an Aboriginal Languages Act that incorporates the following principles:
i. Aboriginal languages are a fundamental and valued element of Canadian culture and society, and there is an urgency to preserve them.
ii. Aboriginal language rights are reinforced by the Treaties.
iii. The federal government has a responsibility to provide sufficient funds for Aboriginal-language revitalization and preservation.
iv. The preservation, revitalization, and strengthening of Aboriginal languages and cultures are best managed by Aboriginal people and communities.
v. Funding for Aboriginal language initiatives must reflect the diversity of Aboriginal languages.
- We call upon the federal government to appoint, in consultation with Aboriginal groups, an Aboriginal Languages Commissioner. The commissioner should help promote Aboriginal languages and report on the adequacy of federal funding of Aboriginal-languages initiatives.
The legislation creates the OCIL, which directly responds to Call to Action 15.
The OCIL’s mission states:
The Commission promotes and champions all Indigenous languages in Canada and supports Indigenous Peoples in the reclamation, revitalization, strengthening and maintenance of their languages so that no language is left behind.
The OCIL is committed to supporting the reclamation, revitalization, strengthening and maintenance of all Indigenous languages.
The Directors were appointed for, among other things, their ability to represent the interests of First Nations, Inuit, and Métis.
The Indigenous Languages Act provides that, prior to recommending the appointment of a Commissioner and Directors, the Minister of Canadian Heritage must consult with a variety of Indigenous governments and other governing bodies and a variety of Indigenous organizations. The Act further requires the Minister to seek comments to ensure that the Directors have the ability to represent the interests of First Nations, Inuit, and Métis.
Canada described its appointment process for the Commissioner and Directors as such:
“The Governor in Council process for appointments includes the establishment of a Selection Committee to assess and identify highly qualified candidates. A modified Selection Committee was established and included First Nation, Inuit and Métis Nation representatives to reflect the unique nature, scope and role of the Office and the Commissioner and Directors. This ensured that the selection of the Commissioner and Directors was directly informed by Indigenous perspectives.”
The appointment of the first Commissioner and three Directors to the Office of the Commissioner of Indigenous Languages took effect on July 12, 2021. The current Commissioner and each Director have been appointed by Canada for a term of five years.
The OCIL is led by a full-time Commissioner and three full-time Directors of Indigenous Languages appointed by Canada.
The Commissioner is also the Chief Executive Officer and has the control and management of the OCIL and all matters connected with it.
Funding for the OCIL is provided by the Government of Canada through the Department of Canadian Heritage.
The Office of the Commissioner of Indigenous Languages receives funding to support its operations of up to $6.6 million per year.
Yes. The OCIL is an independent body (independent of governments and political and other organizations). In the Indigenous Languages Act, section 12 (2) states:
The Office is neither an agent of Her Majesty in right of Canada nor is it an entity governed by the Financial Administration Act, and its Commissioner, directors and employees are not part of the federal public administration.
