Nunavut gov't says judge made a mistake by allowing language lawsuit to go ahead

Nunavut Tunngavik Inc. says it's "dismayed" that the territorial government isn't giving up on its fight to have a lawsuit over Inuit language instruction in schools thrown out of court.

Nunavut Tunngavik Inc. (NTI), which represents Inuit in Nunavut, filed the lawsuit against the territorial government in 2021, claiming it has failed to provide education in Inuktut and discriminates against Inuit as a result. the lawsuit cited Section 15 of the Charter of Rights and Freedoms, which is about equality rights.

The territory tried to have the court dismiss the lawsuit, arguing that the section in question doesn't cover language rights. Nunavut Court Justice Paul Bychok denied that request earlier this year, stating the Supreme Court of Canada has left the door open to the section covering language rights.

On March 30, the territory filed an appeal of Bychok's decision.

Though Inuktut is the primary language used in Nunavut, education in Inuktut is mostly available only up to Grade 4. Higher grades are taught mostly in English and French.

MLAs passed a bill in 2008 to create Inuktut education for all grades by 2019, but that goal failed. They passed a new bill in 2020 requiring only some classes in Inuktut for all grades and increasing the timeline for offering Inuktut as a broader language of instruction to 2039.

The territory has argued that the Legislative Assembly has the authority to make decisions about language instruction.

The territory's appeal argues Bychok should have issued a decision on whether language rights fall under Section 15, instead of "punting" it to trial. It also argues that the court "misframed the issue" and didn't meet its obligations to do a legal analysis of the argument raised by the territory.

The territory also filed a statement of defence against NTI's lawsuit on April 14, reiterating its arguments that the Legislative Assembly has authority over language instruction in Nunavut and that NTI's Charter argument is flawed.

Aluki Kotierk, the president of NTI, called the territory's position "appalling" and "absurd."

"The whole purpose, I would say, of the creation of Nunavut was to create a jurisdiction that would be Inuit-centred and friendly to Inuit and Inuit language and culture," she said.

"Yet we have a government that is asserting that we don't have these rights and that we're not being discriminated against."

In a statement, the territory said it couldn't respond to the specific litigation before the court.

It said it has committed to developing the curriculum and resources necessary for a fully bilingual education system, and that it has invited NTI to sit down to discuss their concerns.