In the lands commonly known as British Columbia (BC), there are 203 First Nations communities, representing thirty-four distinct languages. All these languages are in a “critical state” (Gessner et al., 2018, p. 38). The First Peoples’ Heritage, Language and Culture Act (1996) states BC’s commitment to “protect, revitalize and enhance” Indigenous languages. This legislation created the First Peoples’ Heritage, Language and Culture Council and supports the First Peoples’ Cultural Council, a First Nations-run provincial Crown Corporation. The Declaration on the Rights of Indigenous Peoples Act (2019) implements in BC the United Nations Declaration on the Rights of Indigenous Peoples (McIvor et al, 2022). While Articles 13, 14, and 16 pertain to language rights, Art. 14 specifically affirms that Indigenous Peoples have the right to “establish and control their own education systems” in addition to “providing education in their own languages”.
The passing of the Indigenous Languages Act at the national level also had local impact for First Nations communities in BC. For example, the Nisga’a Lisims Government Agreement (2019) commits the Government of Canada to fund Nisga’a language revitalization efforts directly and sustainably. This is an important example of a First Nation entering into an agreement with the federal government to apply the Indigenous Languages Act (McIvor et al, 2022).
Public and Off-Reserve Schools
For public schools serving Indigenous students, the BC Schools Act and Language Education Policy apply. The BC Schools Act outlines laws surrounding the language of instruction in schools. With approval, a school board can permit an educational program in a language other than English or French. At the same time, the BC Language Education Policy states that English and French are the only languages that can be taught as first languages. All other languages must be taught as second languages. Students are required to study a second language in grades 5-8.
Encouraging the study of Indigenous languages as second languages, the Ministry of Education states in the Languages 5 to 12 Template: Development Package that all students, especially Indigenous students, should be able to learn an Indigenous language. Despite BC’s acknowledgement of the importance of Indigenous languages within education, the policy allows only for them to be taught as second languages in public school and First Nations reserve schools. For a course to meet the second language requirement, the Board of Education and local Indigenous people must collaborate to develop curriculum and resources which must be approved by the Ministry through the provincial Languages Template development process. The Languages 5 to 12 Template is being updated to align with BC’s new curriculum and replaces the previous model of Integrated Resource Packages.
On-reserve Schools
The First Nations Education Steering Committee (FNESC)—a First Nations-controlled organization founded in 1992 to advance education for all First Nations students—entered into the BC Tripartite Education Agreement (BCTEA) with the provincial and federal government to confirm First Nations’ jurisdiction in education. These efforts led to the passing of the First Nations Jurisdiction over Education in British Columbia Act (2006). The Act gave legal standing to the First Nations Education Authority in BC to “assist participating First Nations in developing the capacity to provide education on First Nation land…” [via] an individual agreement or by request of the First Nation to “enter into a co-management agreement in respect of education”. The province passed the related First Nations Education Act (2007) to change provincial laws. This legislation applies to First Nations-controlled on-reserve schools and creates conditions for Indigenous language immersion programs to be implemented.
References
Gessner, S., Herbert, T., & Parker, A. (2018). Indigenous languages in Canada. In C. A. Seals & S. Shah (Eds.), Heritage language policies around the world (30-47). Routledge.
McIvor, O., Chew, K., & Hemlock, K. (2022). Legislation, regulation and policies concerning the revitalization of Indigenous languages in Canada and Internationally. Assembly of First Nations.