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NTI lawsuit over Inuktut education to proceed; GN out of appeals

Nunavut Court of Appeal rejects Government of Nunavut's attempt to dismiss case
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"When students receive schooling in their own language and culture, they face fewer academic barriers and have increased opportunities to achieve their goals from graduation to employment," stated Nunavut Tunngavik Incorporated President Aluki Kotierk.

The Nunavut Court of Appeal has upheld the previous decision by the territory's court to deny the Government of Nunavut's motion to dismiss the Inuktut education rights case filed by Nunavut Tunngavik Incorporated (NTI), Bernice Clarke and Lily Maniapik, ensuring that it will proceed to trial. 

NTI President Aluki Kotierk stated, SA国际影视传媒淚t is disappointing that Inuit must use the courts to ensure fair treatment of Inuit students, from a government created by Inuit, and that the government has used its resources to delay and stall the hearing. However, we are pleased that the courts have sided with NTI again in affirming that this case has merit and should proceed.SA国际影视传媒

"In our view, whether NTISA国际影视传媒檚 claim is limited to protecting language rights (as characterized by the GN) or is broader in nature... how that claim should be assessed in relation to Section 15 [of the Charter of Rights and Freedoms] ...are complex questions of law" that should be addressed in a court case, stated the Aug. 28 ruling from justices Ritu Khullar, JoSA国际影视传媒橝nne Strekaf and Kevin Feth.

In October 2021, NTI filed a legal claim asserting that the GN had "denied equality rights and perpetuates systemic discrimination by forcing Inuit students through an education system comprised predominantly of English or French, and denying them education in their own language and culture."

The GN filed a motion to strike in April 2022, arguing that "the Charter provides a complete code in relation to English or French language of instruction rights, and that [Section] 15 of the Charter should not be used to expand upon those rights" and that "the Legislative Assembly of Nunavut has exclusive legislative authority to pass or amend legislation in relation to education and language."

Subsequent decisions and appeals have ruled in favour of the claimants. The GN is now out of appeals.

"NTI welcomes yesterdaySA国际影视传媒檚 unanimous decision by the Nunavut Court of Appeal dismissing the Government of NunavutSA国际影视传媒檚 (GN) appeal which attempted to stop the Inuktut Education Discrimination lawsuit," reads a press release from NTI. "The courtSA国际影视传媒檚 decision affirms the importance and necessity for Inuit to be heard in a full trial.

"When students receive schooling in their own language and culture, they face fewer academic barriers and have increased opportunities to achieve their goals from graduation to employment. NTI argues in its lawsuit that the GNSA国际影视传媒檚 discriminatory treatment of Inuktut in Nunavut schools, in comparison to English and French, has significantly eroded Inuktut and lowers educational attainment and graduation rates for Inuit students," NTI added.

"The lawsuit seeks to end the harmful effects caused by the discrimination experienced by Inuit students in NunavutSA国际影视传媒檚 public schools, through the protections granted under s.15 of the Charter of Rights and Freedoms. The lawsuit seeks a five-year plan to implement Inuit language education from kindergarten to Grade 12 in all Nunavut schools, which includes the recruitment and training of Inuit language educators, the development of Inuit language curriculum and greater involvement of Inuit in education governance."



Kira Wronska Dorward

About the Author: Kira Wronska Dorward

I attended Trinity College as an undergraduate at the University of Toronto, graduating in 2012 as a Specialist in History. In 2014 I successfully attained a Master of Arts in Modern History from UofT..
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