An Iqaluit, NU, judge sent to trial a landmark Canadian Charter of Rights and Freedoms case on whether Inuit children have a constitutional right to public education in their mother tongue, according to Blacklock’s Reporter. .“The action must proceed to trial,” said Nunavut Territorial Court Justice Paul Bychok in a ruling. .Nunavut government lawyers sought to have the case dismissed, saying it was plain and obvious it would not succeed. .Bychok said public resources are “not infinite and limited court resources should not be squandered on actions which are frivolous or destined to failure.” .“At the same time however, courts must be careful not to dismiss an action merely because the claim is a novel one,” said Bychok. .Nunavut’s Education Act said all classroom instruction has to be bilingual— Inuit and either English and French — by 2019. Authorities skipped the deadline. .Bilingual education was implemented from kindergarten to Grade 3 by 2019. .The Nunavut government revised the deadline to 2039, prompting the lawsuit from legal representative Nunavut Tunngavik on behalf of parents. Lawyers asked a judge to compel schools to adopt mandatory bilingual instruction with Inuit as a required language within five years. .“By delaying the stripped-down requirement for one Inuit language class, the 2019 amendments shall result in multiple adverse impacts on Inuit, including language and cultural loss, the ability for Inuit students to learn effectively, and diminished Inuit self-worth and self-esteem,” said Nunavut Tunngavik lawyers. .Bychok said it is “arguable that the 2019 amendments may impose a burden upon, or deny benefits to, Inuit.”.This is done on two levels. .“First, the 2019 amendments may contribute to Inuit youth losing their language and their connection to Inuit culture,” he said. .“Just as importantly, the effect of the 2019 amendments may be to perpetuate the undeniable historical disadvantages experienced by Inuit from colonialism.”.A federal judge upheld claims of systemic underfunding of First Nations child welfare programs in 2021, leaving taxpayers on the hook for $15 billion..READ MORE: Canada on the hook for $15 billion for indigenous children.“The underlying matters in this application have been ongoing for over a decade,” said Federal Court of Canada Justice Paul Favel. .Favel called it an “extraordinary proceeding which involves a vulnerable segment of our society.”
