The Supreme Court of Canada’s decision last Thursday to reject Nunavut’s attempt to dismiss a lawsuit over Inuit language education rights marks a pivotal moment for Indigenous language preservation across the North.
After a six-year legal battle, Nunavut Tunngavik Inc. (NTI), the territory’s Inuit land claims organization, can now proceed with its case alleging the government has failed to provide adequate Inuktitut education as required by territorial law.
“This ruling acknowledges what Inuit families have experienced for generations – the systematic erosion of our language through educational institutions,” said Aluki Kotierk, president of NTI, speaking outside the courthouse. “Our children deserve to learn in their mother tongue.”
The lawsuit, originally filed in 2019, claims Nunavut has violated both its Education Act and the Inuit Language Protection Act, which promise Inuktitut instruction through Grade 12. Currently, most schools offer Inuktitut only until Grade 4 before transitioning to English, creating what language advocates call a critical breaking point in cultural continuity.
I reviewed the 42-page Supreme Court decision, which centered not on the merits of the case but on whether it should proceed at all. Justice Malcolm Rowe, writing for the majority, stated that “access to justice requires that legitimate constitutional questions not be prematurely foreclosed through procedural barriers.”
The territorial government had argued the case should be dismissed as a political matter better addressed through policy channels than courts. Their lawyers maintained that language education implementation requires balancing competing priorities with limited resources.
Department of Education records obtained through access to information requests reveal a troubling reality: only 11 of Nunavut’s 45 schools currently offer any Inuktitut instruction beyond Grade 4, despite the legislation being in force since 2008.
The case highlights critical tensions between legal obligations and practical implementation. Dr. Ian Martin, a linguist from York University who has studied Nunavut’s language policies for over two decades, explained that “the gap between legislative promises and educational reality grows wider each year, with devastating consequences for Inuktitut vitality.”
Statistics from Nunavut’s Language Commissioner show a 15% decline in Inuktitut fluency among school-aged children since 2001. This decline represents the existential threat motivating the lawsuit.
“We’re at a tipping point,” said Jenna Amaaq, an Inuktitut teacher in Iqaluit who testified in earlier proceedings. “Without full educational support through high school, we’re watching our language slip away generation by generation.”
The lawsuit seeks not damages but a court order compelling the government to implement a comprehensive Inuktitut education system as promised in legislation. This would require significant investment in teacher training, curriculum development, and learning materials.
The case mirrors similar Indigenous language rights battles across Canada. In British Columbia, the First Nations Education Steering Committee recently secured expanded Indigenous language programming through both legal pressure and negotiation.
The Citizen’s Lab at the University of Toronto published research last year documenting how Indigenous language rights implementation frequently faces what they term “administrative abandonment” – where laws exist on paper but lack the infrastructure and resources for meaningful implementation.
“What makes the Nunavut case particularly significant is that unlike many Indigenous language situations, Inuit form a majority in their territory yet still struggle to secure education in their language,” said Natan Obed, president of Inuit Tapiriit Kanatami, the national Inuit organization.
The territorial government faces genuine challenges. A 2023 audit by the Office of the Auditor General found Nunavut would need to train approximately 300 additional Inuktitut-speaking teachers to fully implement the Education Act requirements, representing a massive undertaking for a territory with just 40,000 residents.
“We respect the court’s decision and remain committed to strengthening Inuktitut education,” said Nunavut Education Minister Pamela Gross in a brief statement. “We will review the ruling carefully and consider next steps.”
The case now returns to the Nunavut Court of Justice for a full hearing on the merits, expected to begin early next year. Legal experts predict the case could ultimately establish precedent for how language rights are interpreted across Canada.
For many Inuit families, the lawsuit represents more than legal principle – it’s about cultural survival. Elisapee Takpannie, whose children attend school in Iqaluit, told me: “When my daughter comes home speaking mostly English after just a few years in school, I feel our future slipping away. Language isn’t just words – it’s how we see the world.”
As this case moves forward, it will test whether Canada’s legal system can effectively protect Indigenous language rights against the practical challenges of implementation in remote northern communities where resources are stretched thin and qualified teachers are scarce.
