Nunavut Tunngavik Inc. is condemning the Government of Nunavut's latest attempt to file an appeal in the ongoing Inuktut Education Discrimination Lawsuit.
"NTI is dismayed that the GN continues to attempt to dismiss the Inuktut Education Discrimination Lawsuit from proceeding to trial," reads an NTI news release issued on Nov. 1.
The GN is looking to take its appeal to the Supreme Court of Canada.
A decision regarding the lawsuit has been delayed for years, with the GN attempting to have it dismissed without a trial in court. The territorial government's argument states that the Canadian Charter of Rights and Freedoms does not protect Inuit against discrimination as it would apply to this case.
So far, the lawsuit has gone through two levels of court, which have disagreed with the GN, concluding that the lawsuit must proceed to trial.
In the lawsuit, NTI makes the claim that the GN’s failure to provide a full public education in Inuktut is discriminatory against Inuit and in breach of the Canadian Charter of Rights and Freedoms.
"Inuit are losing our language at an alarming rate," said Ivaluarjuk Merrit, NTI's director of communications. "Meanwhile, Inuit still do not have access to Inuktut education, which contributes to the erosion of Inuktut. Inuit experience the serious negative consequences of this discrimination and language loss as it creates barriers to the transmission of our culture, and equal opportunities to education and employment."
On Oct. 28, the GN again filed an appeal in the Supreme Court of Canada in another effort to have the lawsuit dismissed summarily without a trial. As matters stand, the Supreme Court must grant leave for an appeal before it agrees to hear an appeal. In the event the Supreme Court dismisses the leave, there is no other recourse for the GN – the Nunavut Court of Appeal decision would stand and the matter would proceed to trial.
The GN countered that "as directed by the Legislative Assembly of Nunavut, the Department of Education is developing the curriculum and resources necessary to deliver education in Inuktut from kindergarten to Grade 12 by 2039... An appeal to the Supreme Court may be an avenue to settle the key legal issues in this litigation at relatively minimal cost to the parties."
“We’re committed to ensuring all Nunavut students can attend school in Inuktut,” said Premier P.J. Akeeagok. “Instead of lengthy and costly litigation, we ask NTI to come to the table so we can pool our resources and focus our energies on finding a solution that serves the interests of Nunavut students. Going to court is not the answer.”
A decision regarding the lawsuit has before the courts for years.
“Department of Education staff are diligently working on the development of our Inuktut curriculum,” said Education Minister Pamela Hakongak Gross. “The GN shares the same goals as NTI. So much more can be accomplished by working together on the implementation of Inuktut education. The GN is committed to developing the curriculum and resources necessary for the education system that Nunavummiut want in all schools as soon as possible.”
NTI President Aluki Kotierk stated, “The Government of Nunavut was created through the Nunavut Agreement to serve a majority Inuit population. We are baffled by the actions they have taken, and despite the GN claiming that it lacks resources, they continue to use existing resources to delay a trial in court against NTI, Inuit students and families, who simply ask to be treated equally.”