Nunavut judge throws out motion to dismiss Inuit language education lawsuit

A lawsuit charging that the education system in Nunavut discriminates against Inuit students will proceed, despite the territorial government's efforts to have it thrown out of court.

Nunavut Court Justice Paul Bychok ruled Friday against a motion from the Government of Nunavut (GN) to dismiss the lawsuit. The GN now has 30 days to file a statement of defence.

Nunavut Tunngavik Inc. filed its lawsuit in the fall of 2021, claiming that the territory's failure to provide education to Inuit children in their language is discriminatory.

Right now, education in Inuktut is mostly available only up to Grade 4, with subject matter taught primarily in English and French in higher grades, despite the fact that Inuktut is the primary language in the territory.

A bill passed in 2008 promised to create Inuktut education for all grades by 2019, but never achieved that goal. A new bill passed in 2020 watered down that vision by requiring only some classes in Inuktut for all grades, and stretching out the timeline for implementation to 2039.

The territorial government filed its motion to dismiss the suit in April of last year, arguing that Nunavut Tunngavik's argument, which hinges on Section 15 of the Charter of Rights and Freedoms, was flawed.

Section 15 is about equality rights. The government said NTI's lawsuit is trying to use it to "expand" on education and language rights set out in other parts of the Charter which it says is not allowed.

Justice Bychok heard arguments on the motion last August and ultimately rejected the government'sargument.

He wrote that "the Supreme Court of Canada has left the door open" to the idea that Section 15 of the Charter could protect against discrimination based on language.

"Clearly, it is arguable that the 2019 Amendments [to Nunavut's Education Act] may impose a burden upon, or deny benefits to, Inuit," Bychok's decision reads.

He cites two ways in which the 2019 bill discriminates: "First, the Amendments may contribute to Inuit youth losing their language and their connection to Inuit culture. Just as importantly, the effect of the 2019 Amendments may be to perpetuate the undeniable historical disadvantages experienced by Inuit from colonialism."

Nunavut's minister of Education declined to immediately comment on the decision.

In a news release celebrating the decision, Nunavut Tunngavik Inc. said it was "appalled" by the government's arguments and called the decision a "significant validation that the claim is worth advancing."