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e-notes> [email protected] February 2014 Edition
A Tweaked Education Act Readied for Passage;
High-Level Government Attempts to Co-opt Support
Canadas Federal Budget 2014
and the New First Nations Education Act
Thanks to APTN National News for [email protected] @APTNNews
Ottawa, 11 February 2014 Federal Finance Minister Jim
Flaherty began his 2014 Budget message with a tribute to
the settlers, the men and women who carved this great
country of the wilderness nearly 150 years ago.
As for First Nations, there is no new funding for education
or anything else for the 2014-2015 fiscal year.
But the message prominently promised that if Parliament
passes a bill calledFirst Nations Control of First Nation
Education Act there is a promise of money in 2016.
Deciding if that package is stick or if it is carrot is not
easy. Apparently if First Nation chiefs do not support
proposed legislation governing the operation of on-reserve
schools. No Act, no money.
Federal officials said the $1.25-billion has already been
set aside in the fiscal framework, but it wont be
released until after the legislation passes.
As the message put it, We have invested in apprentice-
ship programs and measures to increase the numbers of
people with disabilities, young people and Aboriginal
Canadians in the workforce by helping them find the jobtraining they need. But there is more we can and will do ...
that is why the Prime Minister announced more than $1.9
billion in new funding to implement theFirst Nations
Control of First Nations Education Act.
And that was the beginning and end of any mention of
aboriginal people in the budget.
The budget offered no new details on the education
agreement announced Friday thus far only spoken about
but with neither the government nor the AFN releasing a
copy of the Agreement.
The biggest chunk of new money, $1.25-billion for core
education funding over three years, will only begin
flowing in 2016 after the next federal election.
If the legislation is passed, First Nations will get the
money in addition to the roughly $1.5-billion Ottawa
already spends yearly on core education funding,
according to federal officials speaking on background.
The additional money will amount to roughly $417-
million per year for three years. In addition, a 4.5%
escalator will apply to the total amount after the first year,
federal officials said.
The funding will also be enshrined in the legislation,
providing stable and predictable statutory funding.
Critics point that even those numbers will still not providefunding for First Nation students equal to what the same
students would be provided for in the provincial systems.
Federal officials said existing education program funding
from sources like the New Paths for Education, First
Nation Student Success Program and Education
Partnership Program, will be rolled into an overall core
funding stream.
The budget is silent on when the new legislation is
expected to surface for tabling. Previously, the
government had said it wanted the Bill whisked through
House committees and debate, then Senate committeesand debate, all before March 31 so it would apply with the
opening of the school year in September.
The federal budget also repeated Fridays announcement
of a $500-million over seven years First Nations
Education Infrastructure Fund Ottawa is promising for
the building and upkeep of schools beginning next year.
The infrastructure funding is a continuation of the $175-
million over three years announced in last years budget.
The infrastructure dollars still fall far short of estimates
that range a little over $2-billion a year to get reserve
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schools up to acceptable standards, according to a
Parliamentary Budget Office report from 2009.
As previously announced, Ottawa will also provide $160-
million over four years beginning in 2015 for anEnhanced Education Fund transitional funding to
implement the proposed legislation.
Part of that money will be used to create First Nations
Education Authorities. The creation of these authorities
has created concern. The First Nations Education Council,
which includes 22 Quebec First Nations as members,
called these authorities federal agencies and said the
proposed bill would not really give First Nations control
over their education.
The proposed bill still carries some of the main aims of itsprevious incarnation, known as theFirst Nations
Education Actwhich was strenuously opposed by many
chiefs, including the creation of minimum education
standards consistent with provincial standards and
establishing roles for First Nation education
administrators while requiring annual reporting on
outcomes and performance.
First Nations already agree to meet provincial standards in
existing financial contribution agreements with Indian
Affairs.
Federal officials said the fine details of the proposed neweducation bill still need to be worked out through
discussions between the Assembly of First Nations and
Indian Affairs.
AFN National Chief Shawn Atleo, however, said Friday
that he believes that the agreement that gave birth to the
renamed bill signals a turning point in the relationship
between First Nations and the Crown.
Ottawa sees it in a similar vein. For this young and
fast-growing population, this is a game-changer, said the
budget document.
The federal government is also pledging to invest $323
million to improve and construct water and waste-water
infrastructure on reserves over the next two years.
Ottawa will also be investing $40 million over five years
beginning in 2015 to improve disaster management and
mitigation on reserves. The budget also includes resources
for broadband connectivity in rural and northern
communities, the First Nations Commercial Fisheries
Initiatives, a two-year renewal of the Aboriginal Justice
Strategy and resources aimed at ending violence including
violence against Indigenous women and girls.
The AFN Take on the Budget
An AFN media release after the budget message
welcomed the announcement of new, significant and
secured funding for First Nations education as afoundation for building stronger First Nations citizens,
communities and governments.
National Chief Atleo stands with all First Nations in
continuing the press for investments in other priority areas
that will achieve success for First Nations and all
Canadians based on fairness and opportunity.
He called the February 7 Kainai announcement coupled
with the budget as the beginning of a new era in First
Nations education.
"First Nations have rejected unilateral control by thegovernment and are ready to articulate their vision of First
Nations control of First Nations education," said the
National Chief.
Thanks to Jorge Barrera, APTN National News
Rosemary Barton, CBC Power and Politics
Bill Graveland,, Canadian Press;
Mark Kennedy, Postmedia
Karina Roman, CBC NewsOlesia Palaki, iPolitics
and many others
is published as a service of Four
Arrows/Las Cuatro Flechas, providing
communications among First Nations of the
Americas since 1968. Names may be added to
the distribution list on requests; names will
be removed on request. Four Arrows
receives no funding to provide this service.
Readers are invited to send material for
publication in .
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There was a lot of whistling in the dark at Kainai High
School on the Blood Reserve in Treaty 7 Territory on
February 7.
Prime Minister Stephen Harper chose a Friday location in
an out-of-the way location to set out what he called a
great day for Canada. The occasion was historic.
For his part, AFN National Chief Shawn Atleo said,
Today is about fairness, opportunity and hope for
First Nations children, youth and students, said Atleo.
The beginning of a new era for First Nations children!
Today is a victory!
Hooray! Horray! Horray!
The details were far less shiny. There would be no
increase in funding until 2016. Then there would be three
years of $417-million each.
And the money seems to be connected with passage of a
First Nation Control of First Nation Educationwhich
looks pretty much like the almost universally rejected
draft proposal tabled by Minister Bernard Valcourt last
October.
The gloss, glamour and glitter seemed not to have fooled
the public, nor First Nations nor television media, which
seemed aggressive and caustic in questioning the
statements of the three proponents.Print media, on the other hand, generally reprinted the
governments media release without reading further to see
if the contents were the same as what was on the label.
The event took place at a high school on the Blood reserve
in southern Alberta, a two-hour drive south of Calgary.
Watching the pageantry were some 300 federal officials,
police, media and invited guests. The invitations bore the
names of Prime Minister Harper, National Chief Atleo,
and Minister Bernard Valcourt.
The governments announcement claimed it had unveileda retooled education plan for First Nations which it says
recognizes aboriginal control over schooling.
The plan calls for reserve schools to have minimum
standards consistent with provincial standards off-reserve.
It also says students will have to meet attendance
requirements and teachers will have to be properly
certified. There was no mention about what will happen to
students who play hookey, but the Act will provide that is
a school doesnt meet the standards set by the Minister, he
can send in a third-party manager to take over the
education system until there is compliance.
Ottawa is to provide funding for core education, which
includes language and cultural instruction, of $1.25-billion
split over three years and not starting until 2016. Theres
a provision for a cap of a 4.5% annual increase in place of
the 2% cap imposed in 1996.
Another $500-million divided up over seven years is to go
toward infrastructure and $160-million over four years is
set aside for implementation.
The first problem with analyzing these numbers is
compared to what? How much is being spent now oncore education? There are 518 schools with 120,000
students to divvy up the money, a third of it for each
year.That would be $3,475 per student, on average.
As for the infrastructure, the money would provide
$138,000 on average for each of the seven years for each
school, $600 a year per student.
Atleo called the deal the beginning of a new era for First
Nations children.
Today is a victory for First Nations leaders and citizens
who have for decades, indeed since the first generation ofresidential school survivors, called for First Nations
control of First Nations education.
"Today is about ... fairness, opportunity and hope for First
Nations children, youth and students," said Atleo.
Outside the school Friday, nine protesters carried signs
from the Idle No More movement. Inside, one woman
briefly interrupted a ceremonial paddle-signing by Harper
and the national chief.
Shannon Houle said she represented people of Alberta's
Saddle Lake Cree Nation and of Treaty 6.
photo by Enn Collins, CBC
Pr ime M iniste r Stephen Ha rper & Friends at Kain ai High Scho o
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"We object to this agreement and I must make that public
to let Canada know that not every First Nation has been
consulted or has been part of these negotiations," shestood up and yelled.
Atleo took the interruption in stride.
"Your words are heard and respected," Atleo said. "What
has been said here is correct. I am not the prime minister
of Indians. My role is to support, acknowledge and respect
that all First Nations have their rights."
The Blue Dot Movement
Actually, such inconvenient moments were not supposed
to occur. Admission at the door was carefully controlledby security. Those wanting in were divided into two
groups: one which would find themselves in the main
room within the presence of the Prime Minister, and the
others would be shuffled over to a gymnasium where they
could watch the spectacle on a huge LCD screen.
Those directed to the inner sanctum were given ID with
yellow dots. Everyone else was given a blue dot, which
they would find out as they headed to see the event would
get them to the gym. Cell phones were not permitted, so
no news could go out.
When artist Christi Belcourt heard about this social triage,she began posting blue dots on old photographs of
indigenous people. She said it was a gut reaction. I'm
claiming the blue dot for us as a mark of pride. We are the
uninvited and I reject the essence of what that means in
its entirety within my being.
I'm disgusted,"she said. That is why I started that blue
dot series for grassroots people to reclaim their right to
speak out, for the masses of people who are not able to
influence decisions. For all of us who disagree, who wantchange, who stand up for change. Throughout history we
have been considered the rebels for protecting land and
speaking out.
Ms. Belcourts idea struck a responsive chord. A blue
dot movement has taken the Twittersphere and Facebook
by storm as photographs of Indigenous people with a blue
dot on their chest are being posted on social media.
Federation of Saskatchewan Indian Nations Opposes
The $1.25-billion announced by Prime Minister Harper is
not coming fast enough. First Nations education programs
are experiencing a $355 million shortfall now. They
cannot wait till 2016, Bobby Cameron, FSIN vice chief.,
told GlobalNews.
She said FSIN wanted a commitment in writing, signed by
the Prime Minister, clearly stating the amount that First
Nations students will now receive per school year on our
Treaty Territories.
She also insisted that the unaddressed 2% cap on post-
secondary funding be lifted it was put in place in 1996.
Children would hardly be inspired to study harder if theyknew there wouldnt be money for them to go on to higher
learning.
We will all prosper from the honouring and implementa-
tion of treaties and advancement of our rights as
indigenous peoples that are recognized globally and our
inherent rights of self-determination, said Cameron.
The Yellow Dot Room at Kainai
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The Torturous Road of Decolonizing Education:
Ancient History:
1887:Sir John A. Macdonald tells Parliament, The greataim of our civilization has been to do away with the tribal
system and assimilate Indian people in all respects with
the inhabitants of the Dominion as speedily as they are fit
for the change.
1920:Regarding a Bill for the compulsory removalofIndian status from any Indian who became
educated, Deputy Superintendent General of Indian
Affairs Duncan Campbell Scott tells Parliament Indians
should be removed from a state of tutelage when he or
they are able to take their position as British citizens or
Canadian citizens, to support themselves, and stand alone.That has been the whole purpose of Indian education and
advancement since earliest times . . . Our object is to
continue until there is not a single Indian in Canada that
has not been absorbed into the body politic, and there is
no Indian question, and no Indian Department.
1950: Walter Harris, Minister responsible for the IndianAffairs Branch of the Department of Mines and
Resources, reiterated the policy: Ever since
Confederation the underlying purpose of Indian
administration has been to prepare the Indians for full
citizenship . . . The ultimate goal of our Indian policy isthe integration of the Indians into the general life and
economy of the country.
1969: Federal government announces the colonizingprocess has been successful. There is no longer a need to
have Indians. All references to Indians will be
removed from Canadian law. There will be no more
Indians, no more Indian reserves, and no more Department
of Indian Affairs.
1972:National Indian Brotherhood led by George
Manuel and strong support from across Canada tablesIndian Control of Indian Education manifesto with
Parliamentary committee. Minister Jean Chretien accepts1
it and says if will be implemented.
1982:Canada patriates Constitution, agreeing torecognize and affirm First Nation rights and treaty rights.
The Tortured Recent History
The Kainai Announcement was surprising for two reasons
its abrupt suddenness, and the participation of the AFN. Ithas been coming down the tubes for some time now.
When the obsessive compulsion of the settlers to
assimilate the Indians turning out to be an impossible
dream, Canadian political forces have in recent years
demonstrated a similar obsessive compulsion to have an
education act passed through Parliament.
The Government initiatives have been met by an almost
unanimous vocal condemnation on the part of First
Nations. The initiatives pattern is unilateral
announcement, vigorous opposition, the Act being on the
brink of collapse, and then resuscitated for another try.
2010:December National Chief Shawn Atleo andIndian Affairs Minister John Duncan announce
appointment of a National Education Panel,.
2011: On 9 June 2011, Minister John Duncan andNational Chief Shawn Atleo announced a Joint Action
Plan. It a paragraph about a joint engagement process
which would make recommendations on a framework
providing the basis to deliver quality K-12 education to
First Nation children living on reserve. There would be a
national panel to hold a series of roundtables across thecountry and set up other activities to engage parents,
students, teachers, elders, educators and all those with an
interest in improving First Nation education.
The panel will make recommendations to the Minister
and the National Chief on options to make concrete and
positive changes for First Nation students, including the
possibility of new legislation to improve the governance
framework and clarify accountability for First Nation
elementary and secondary education. The panel will report
by the end of the 2011 calendar year.
There were complaints the panel had no mandate torecognize Inherent or Treaty Rights. It did not address
First Nations education issues of funding, languages or
cultures. Federal First Nations education legislation was
the focus of the consultation guidelines. The consultation
process did not meet legal requirements.
In April, Angus Toulouse, the regional chief of Ontario,
announced Ontario Chiefs had rejected the national panel
process. What the First Nations have said is that the
national process fails to provide a clear understanding or
agreement with Canada on how First Nations will control
the decision-making over our education.1 http://64.26.129.156/calltoaction/Documents/ICOIE.pdf
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support of First Nations lifelong learning.
The Chiefs in Assembly also rejected the creation of a
National Education Steering Committee, reaffirming therole of the CCOE as the national body on education and
recognizing and respecting the authority and autonomy of
all First Nations to direct and implement their own
decisions on education for their peoples
2013: January 8-11 AFN meeting ends with a rally insidethe auditorium against attending Prime Minister Harpers
Chiefs meeting that occurs with some Chiefs attending
and some Chiefs boycotting it
February 8, 2013: Indian Affairs holds consultations in
Saskatoon with many First Nations reject federal
legislation and boycott morning session while other First
Nations reject federal legislation but attend the afternoon
session. Either way, there was no consultation.
July 2013: Indian Affairs issues its the First Nation
Education Act Blueprint to stake-holders for
additional consultation and feedback.
July 16-18, 2013 AFN passes a resolution rejecting
federal First Nations Education legislation and supporting
First Nations Control of First Nations education. FSIN
release by Vice-Chief Bobby Cameron:We continue to
urge First Nations to take control of our childrenseducation by asserting our sovereign right to educate our
children by creating our own Education Acts and ignoring
any federal legislation that is unilaterally imposed on us.
In reply to the clamour for equitable funding for First
Nation schools, Valcourts predecessor, John Duncan, had
said there were no problems with funding, and that instead
of funding, there would be legislation. Valcourt modified
that same tact by saying that first the reserves would have
to demonstrate they were following the Act, and then there
would be funding.
Discussions with First Nations on the deal were difficultfrom the get-go. Chiefs and grassroots membership,
carrying brutal memories of residential schools, bristled at
the idea of federal government involvement in their
educational outcomes.
Initially, Valcourt dismissed the criticism by saying the
Act has still not been finalized how could something be
criticized when its contents were not known?
Then Dr. James Anaya, United Nations special rapporteur
on the rights of indigenous peoples met with indigenous
groups across Canada. Before he left the country, he
issued a statement. I have heard remarkably consistent
and profound distrust toward the First Nations Education
Act being developed by the federal government, and in
particular deep concerns that the process for developingthe Act has not appropriately included nor responded to
Aboriginal views, said Anaya.
I urge the government not to rush forward with this
legislation, but to re-initiate discussions with Aboriginal
leaders.
He also called for increased funding to put on-reserve
education systems on par with province-run systems. Dr.
Anayas full report will be presented to the United Nations
early this year, 2014.
Buoyed by the Anaya comments, First Nation voicescontinued to make strong and loud demands to reveal what
was being plannned. Valcourt relented and in October
2013 distributed a proposed draft of the Departments
Education Act .
The draft seemed to make matters worse and there was
wide if not universal condemnation by First Nations.
National Chief Atleo said the draft Bill was unacceptable
and insisted that five conditions must be met. They
included First Nation control of education, guaranteed
funding, protection of languages and culture, joint
oversight of the new system, and meaningful consultation.
Then the government set out broad flashy brush-strokes
about how the a new Act would take the criticism into
account and it hadtweaked the Bill. First Nation voices
say bringing a dead horse back to life would take more
than tweaking.
Valcourt responded with more positive noises, signals of
compromise including those in a letter he sent to Atleo.
In the letter, Valcourt addressed some of the AFNs
concerns and insisted he wants to meet on an urgent
basis. Although he had previously said he wanted a new
system in place by the start of the school year in
September 2014, the minister shifted tack, saying there is
no deadline.
Nonetheless, the considerable uproar in response
continued. On December 10 in Gatineau, Quebec, across
the Ottawa River from Parliament Hill, hundreds of Chiefs
from across Canada engaged in dramatic debate and
passed a resolution which not only trashed the
Governments approach, but it also set out the criteria
which must be met if any government initiative was to
pass scrutiny. [The resolution appears below.]
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National Chief Atleo was not present at that meeting of
Chiefs because he was travelling with the Prime
Ministers delegation to attend the ceremonies on thepassing of Nelson Mandela, who was held in high esteem
by indigenous peoples in Canada and around the world.
Just days before Christmas, Atleo told Postmedia News in
an interview that he was optimistic progress was being
made on the education front. The chiefs are being heard,
said Atleo. The educators are being heard. And thats
really important that there be an expressed willingness
on the part of the federal government to say to First
Nations: We recognize that your rights are real.
At the same time, Atleo said there had been a consensus
forged by First Nations chiefs to find a solution. There isa sense among First Nations that we have to seize this
moment. This is not about pressing or pushing this down
the road. It is about moving on the clear plan that we have
right now.
It has been reported that within the federal cabinet,
several ministers were getting restless, feeling there was
little political benefit to Harper continuing discussions.
Just do it.
Surprise!
And thus Harpers unilateral, sudden and unexpectedannouncement at Kainai on February 7 it was only onth
Wednesday February 5 that the invited guests wereth
abruptly summonsed to the Friday February 7 Kainaith
event.
The National Chief seems to have been isolated by the
chain of events. On the day before the invitations went out
bearing his name along with the Prime Ministers, the
AFN Council of Chiefs on Education had been meeting at
Kahawake, the Mohawk community near Montreal.
Present and chairing the meeting was the AFN vice-chief
who carries the education portfolio on the Executive
Committee, Morley Googoo. Also present was the CEO of
the AFN. No mention was made of any upcoming
announcement.
The Chiefs attending that meeting are not happy.
The next day, February 5, the National Chief issued a
Special Bulletin on First Nation Education expressing
hope that in his unveiling of the Federal Budget on
February 11, the Finance Minister might have some
positive news that there would be new and sustainable
investments in the upcoming budget.
Not a hint of the Kainai meeting is in the letter.
When did the National Chief know there was going to be
an Announcement at Kainai? Was he told told of the
Kainai meeting only on Wednesday the 5 ? If not then,
th
when? It was on that Wednesday that for the first time, the
National Chief had informed his Executive Committee of
regional chiefs in an email that there has been
agreement from the federal government to meet their
conditions.
Details continue to evolve, wrote Atleo, who invited the
chiefs to attend the announcement.
This is a significant shift and I believe it results from our
strong direction from chiefs to take all steps necessary to
secure the future of First Nations children.
Perhaps it was unwarranted optimism which caused him to
speak too soon. But Harpers unilateral move had left the
National Chief with two alternatives. He could express
outrage and refuse to attend, and then have government
and perhaps the public and even some First Nations dump
on him for not accepting the half-a-loaf-with-a-hook the
Harper Government was enticing him with. Or he could
paint on a smile, declare all the Chiefs conditions had
been met, go celebrate with the Prime Minister, and
prepare to face the music from the Chiefs.
Or maybe he had been a part of the whole plan. No one
seems to know. Who knew what and when? remains acritical question.
On February 7, the day of the meeting at Kainai, the
National Chief issued a second special nationwide
announcement: I know everyone is considering today's
announcement and wondering what this means for the
future of First Nations education. He apparently still did
not know what would be in Harpers announcement or if
he did, he wasnt telling. Theres not a detail of it is in the
letter.
It was like Treaty Time all over again. The parties left the
event each with a totally different version of what had
happened.
And whether he liked it or not, National Chief Shawn
Atleo had been used as a prop at the Prime Ministers gala
event.
And The Blood Tribe Opposed
The Prime Ministers Legislative Initiative!Another interesting incongruity. The Prime Ministers big
announcement was hosted by the Blood Tribe. The Blood
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Tribe is opposed to any federal legislation on education.
Hearing that the Prime Minister was about to descend
upon them, the Tribe put out an official media release on
Thursday afternoon, February 6.
Blood Tribe Reaffirms Position
on First Nations Education Act
The Blood Tribe is firm on their position
The Government of Canada [has] drafted legislation that
will impact education for First Nations students across this
land. The Government maintains that this proposed
legislation bill is necessary because it is the central
recommendation of their National Panel on First Nation
Elementary and Secondary Education for students on
reserve.
It also purports that extensive consultations have been
completed with First Nations parents, students, leaders
and educators, as well as Provincial Governments, and all
have been integral to the development and drafting of this
proposed legislation.
It is the position of the Blood Tribe and Kainai Board of
Education that this one-sided development of the proposed
legislation has not met the Crowns legal duty to consult
and accommodate, as established by the Supreme Court of
Canada. Given that education is a treaty right, Canada is
obligated to meaningfully consult with the Blood Tribewhenever there are proposed changes that adversely affect
those aboriginal rights as re-affirmed by Section 35 of the
Constitution Act.
The proposed First Nations Education Act is being forced
onto the Blood Tribe without proper consultation. It is
similar to how the Government tried to assimilate Blood
children through Indian Residential Schools. The concerns
and recommendations submitted by the Blood Tribe and
Kainai Board of Education take the position that the
proposed First Nations Education Act has been drafted
unilaterally and takes away from the guiding principle of
Indian Control of Indian Education.
True consultation would allow us to work with Canada to
enhance education for our members, in fact we have made
every effort to ensure this is available on the Blood
Reserve to our members. But we are underfunded as
compared to other jurisdictions and this failure to provide
adequate funding is a major contributor to the gaps
between the education which our students receive in
comparison to non-First Nations students, gaps that the
proposed FNEA purports to resolve. However, the FNEA
does not address the fundamental issue of funding.
It is the view of the Blood Tribe and Kainai Board of
Education that the proposed First Nations Education Act
will see a gradual off-loading of responsibility to the
Government of Alberta from the Government of Canada,
in all matters relating to elementary and secondary
education.
The Aftermath
Atleo still faces much anger in some First Nations circles
for his decision to work with Harper.
The mistrust also extends to the Official Opposition.Speaking to reporters outside the House of Commons
Friday, NDP House leader Nathan Cullen said it was
curious Harper announced the changes with a last-minute
announcement on a Friday from a distant location when
the attention of Canada and the world was diverted to the
opening of the Winter Olympics.
One suspects that theyre not going to follow through on
their commitments with First Nations people, Cullen
said. If they were, trust me, theyd have lots of balloons
and confetti and be celebrating and be doing something
else. Lets see, when are they coming out with it on a
Friday afternoon, the opening day of the Olympics.
NDP Aboriginal Affairs critic Jean Crowder applauded
Ottawas investments in First Nations schools, but
criticized the fact that the money for core funding wont
start flowing until 2016.
They are promising money for future governments,
Crowder said, adding the federal government has a
history of broken promises on the First Nations
education file.
So Thats How It All Came to Pass
At Kainai on February 7, 2014
CBC Power & Politics
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Sticking to a carefully crafted script, the Harper Govern-
ment today revealed it was moving ahead with its new
freshly-tweaked and retooledFirst Nations Education Act.
Taking credit for the victory was National Chief Shawn
Atleo. The Prime Minister proclaimed it a great day in
history, They both claimed the new plan would give
First Nations control over schooling.
Both talked about an agreement, but it was never stated
then or since what that agreement was.
Prime Minister Harper described it in general terms, butthe National Chief described it in other terms. It was
almost as of they were talking about too different things.
Federal media comments say the plan calls for teachers on
reserves to be certified with equal education standards to
schools off-reserves and students will have to meet
attendance requirements.
TTotal funding runs up to $1.9 billion for the Act over
several years, with $500 million for infrastructure on
reserves.
It said the Act itself would only be part of the new
approach. Once the Act was passed, the government
would impose a whole set of regulations which would
have to be followed by First Nations. The regulations
become law without parliamentary scrutiny.
.
Iroquois Caucus Unanimous Rejection
During a two-day meeting at Kahnawake, the Iroquois
Caucus announced February 6 that it had passed aresolution unanimously rejecting the Harper governments
proposedFirst Nations Education Act. The Caucus
involves seven Iroquois communities with a population
totallying 55,000 persons.
Kahnawake Grand Chief Mike Delisle told Christopher
Curtis of the Montreal Gazette that if Stephen Harper isnt
prepared to scrap theFirst Nations Education Act, he can
expect members of the Iroquois Caucus to mobilize on
Parliament Hill en masse.
This is a political fight and were going to take it to
Ottawa. Were going to be heard on this. We are willing to
work with Ottawa as equals, its time they started working
with us.
Theres a serious funding problem in schools right now,
we cant afford to delay fixing it, said Ava Hill, grand
chief of the Six Nations territory, referring to the fact that
there will be no new money flowing until 2016.
Our kids want to learn, they want to go out there and get
jobs and contribute to society, Hill said. This benefits
all Canadians, not just First Nations. We can do a better
job educating our children than the government can. We
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want (the children) to know about their language, about
their culture so they can get a sense of who they are before
stepping out into the world.
Chief among the concerns of the caucus members is a fear
that the bill could make it legal for the federal government
to take over local education if a school doesnt meet
certain federal requirements. Delisle said the mere
mention of a federal government takeover reminds him of
Canadas dark history of forcing aboriginal children to
attend residential schools away from their homes.
I dont think this would be nearly as bad but you can
understand how people are reluctant to hand over
education to the government, Delisle said.
TheFirst Nations Education Acthad also been rejected bya summit of Chiefs from across Canada in December at
Gatineau. However, apparently National Chief Shawn
Atleo has been having side conversations with Minister
Valcourt.
I think its time that we control our own destiny,
Akweshsne Chief Bill Sunday told Kahnawake
Television. Were capable of developing our own
education programs.
All the leaders present said that the Iroquois stand as one
on this issue. We believe in Indigenous education by and
for Indigenous people and we have that skill-set in ourmidst, said Wahta Council Chief Billy Hay. We outright
oppose [the bill] in all of its components.
Mikmaq Education Leader Not impressed
New federal funding for First Nation education isn't
enough to pay on-reserve teachers at the same rate as
provincial teachers, a Cape Breton Mi'kmaq leader says.
Eleanor Bernard is the executive director of the Mi'kmaw
Kina'matnewey, a Membertou-based organization that
provides education funding and advice to Mi'kmaqs.
Mi'kmaw Kina'matnewey means "the whole process of
learning."
Ms. Bernard told CBC News Stephen Harpers
$1.25-billion deal would still leave First Nations schools
behind other Canadian schools.
"It's over a three-year period and when you are talking
nationally, it's not a lot of money. We're still not going to
be able to pay our teachers provincial pay scales, still not
going to be able to do a lot of programming," Bernard
said. "It still does not provide equity."
The plan requires education standards on reserves to be
consistent with schools off reserves. But Ms. Bernard said
Nova Scotia First Nations schools already meet those
standards for teachers and for students.
"We have an 87% graduation rate, which is really good,"
she said. "Now we need to work on the improvements in
literacy and numeracy."
She added that teaching Mi'kmaq was also a priority. "Our
language is suffering because we don't have funding tied
specifically to improvements in language," she said.
Ms. Bernard believes Nova Scotia First Nations schools
will not be required to adopt the new plan. She predicts
many will not.
An Interview With Ms. Bernard is at
http://www.cbc.ca/informationmorningcb/2014/02/10/first
-nations-education/
How To Understand the Debate
When the Prime Minister called the Kainai meeting with
less than 48 hours notice, adding National Chief Atleos
name alongside his own as the hosts of the meeting, the
National Chief of the AFN declares victory, and says the
Government has agreed to our conditions, calls the
governments ew positiona significant shift which he
believes results from our strong direction from chiefs totake all steps necessary to secure the future of First
Nations children,"
However, so far, most First Nations say they cant find
anything like that in the statements of the Prime Minister
and Minister Valcourt.
The Minister says that "the government of Canada agrees
that First Nations must have control over their education,"
and that his proposal is intended to empower those who
know best what their children need First Nations,
parents, communities and administrators to determine
what is most effective for their success."
The reply from the grassroots more or less said they
already were empowered and always had been
empowered. The problem since Confederation was federal
imposition and interference designed to block and
frustrate its empowerment and the new Act is more of the
same.
The federal government apparently wants its new Act to
be in place before March 31 so that adherence to the Act
will become a condition woven into the contribution
agreements which will provide First Nations with money
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to run their schools in the next school year.
The only way that could happen would be if the
Government imposed closure in both Commons andSenate. It is counting on First Nations to agree with
pushing the Bill through because it has tied the bill to the
new funding which is supposed to come in 2016. No Bill,
no funding, even funding over two years away.
Just months ago, Indian Affairs Minister Valcourt was
saying that before there was any new funding, First
Nations would have to prove they had improved their
schools. First Nations have always maintained poor school
conditions and educational results were because their
students received only about half of what provincial
schools were receiving in federal payments for First
Nations students.
Schools on the hundreds of reserves across Canada are
underfunded and there are clear gaps in the quality of
education between First Nations and non-Native students,
according to a 2013 report by Aboriginal Affairs andNorthern Development.
Aboriginal Affairs spends about $2 billion on First
Nations education every year, but annual funding
increases have been capped at 2% since the 1996.
Meanwhile, First Nations are the fastest growing
demographic group in Canada, the number of new students
combined with increased costs and inflation cause the gap
in funding to increase annually.
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First Nations Control
of First Nations Education Act
Stand Off, AB
7 February 2014
Prime Minister Stephen Harper today announced an2
historic agreement between the Government of Canada
and the Assembly of First Nations (AFN) to proceed with3
the final drafting and introduction of theFirst Nations4
Control of First Nations Education Act. This agreement5
is the result of years-long, unprecedented process of
consultations and discussions.6
The Government of Canada and the AFN are committed to
improving K-12 education outcomes for First Nation
students, and providing First Nations children on-reserve
with a high quality education, just like every other
Canadian. To this end, the Government of Canada also
announced today that it will make a significant financial
commitment of over $1.9 billion to support theFirst
Nations Control of First Nations Education Act.Funding
will account for language and culture programming.
What will the bill do?
The legislation will ensure First Nations control of First
Nations education while establishing minimum education
standards, consistent with provincial standards off-reserve
For example, the legislation will require that First Nation
schools teach a core curriculum that meets or exceeds
provincial standards, that students meet minimum
attendance requirements, that teachers are properly
certified, and that First Nation schools award widelyrecognized diplomas or certificates.
These requirements do not currently exist. This has
resulted in situations where First Nations youth graduate
from education institutions on-reserve but cannot
demonstrate a recognizable diploma to a workplace or
post-secondary institution and are therefore required to
return to school.
The legislation will also improve transparency and
promote accountability by establishing clear roles and
responsibilities for First Nation education administrators,
and annual reporting requirements. The bill will also allowfor the establishment of First Nation Education
Authorities. These Authorities will act like school boards
in the provincial education system to provide the key
secondary support to help ensure that First Nation schools
are meeting their requirements under the Act, and are
providing a quality education for First Nation students.
Following on our Governments 2010 commitment, the
First Nations Control of First Nations Education Actwill
also repeal the provisions in the Indian Act related to
residential schools. This measure is of great symbolic
importance and aligns with the purpose of this bill;namely, to turn the page on the dark chapter of the
Residential School system, and provide the framework for
First Nations to develop and implement a quality
education system under the control of First Nations.
What is new?
The First Nations Control of First Nations Education Act
will contain a number of significant changes to the
October 2013 draft legislative proposal shared with all
First Nations Chiefs. These include:
All footnotes a ttached to th e governments media s tatem ent2
are editorial comm ents by and of cou rse did not
appear with the governments own docum ent.
There is no information as to what this agreement says, when it3
was made, by whom it was made.
Final drafting implies the Bill is all but rea dy to go just4
some tweaking to do, as the Prime Minister put it.
An Act by the Parliament of Canada to be administered by5government officials which will provide for First N ation
Control of First Nation Education is classic doublespeak at its
most insidious best. As Wikipedia defines it, Doublespeak is
language that deliberately disguises, distorts, or reverses the
meaning of words. It may also refer to intentional amb iguity in
language or to actual inversions of meaning (for example,
naming a state of war "peace"). In such cases, doublespeak
disguises the nature of the truth. Doublespeak is most closely
associated with political language.
There has been no consultation and no accommodation even to6
the minimum legal requirements set by the Supreme Co urt of
Canada. Neither has there been consent.
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Creating a Joint Council of Education Professionals to
provide advice and support to the Government of
Canada and First Nations on the implementation and
oversight of theFirst Nations Control of First NationsEducation Act.
Outlining our Governments commitment to adequate
stable, predictable and sustainable funding. This
funding will replace the complex structures now in
place with three funding streams: a statutory funding
stream that will have a reasonable rate of growth;
transition funding to support the new legislative
framework; and funding for long-term investments in
on-reserve school infrastructure.
Enabling First Nations to incorporate language and
culture programming in the education curriculum, andproviding funding for language and culture
programming within the statutory funding stream.
Committing the Government to work in conjunction
with First Nations to develop the Acts regulations.
Education Funding
Core Funding (includes language and culture) + 4.5%
escalator
$1.252-b over three years, beginning in 2016-17 and
increasing annually thereafter, per the escalator.
Infrastructure
$500-m over seven years, beginning in 2015-16, when
Budget 2012 investments expire.
Implementation Fund/ Education Enhancement Fund
$160-m over four years, beginning in 2015-16.
Major milestones
December 2010 - The Government of Canada and the
AFN announce the creation of the National Panel on First
Nation Elementary and Secondary Education.
June 2011 - The Government of Canada, together with the
AFN, officially launch an engagement process.
February 2012 The National Panel releases the FinalReport.
December 2012 The Government of Canada launches
consultations for development of aFirst Nations
Education Actand releases a Discussion Guide.
July 2013 The Government of Canada releases the
Blueprint for Discussion with all Chiefs; a document
outlining what the Government heard during the
consultative process.
October 2013 -The Government of Canada releases a
draft legislative proposal.
November 2013 The National Chief of the Assembly ofFirst Nations sends an Open Letter to the Government of
Canada.
December 2013 The Minister of Aboriginal Affairs and
Northern Development sends an Open Letter to the
National Chief of the Assembly of First Nations.
For a more detailed chronology of activities to date please
visit: Chronology of First Nations Education at
http://www.aadnc-aandc.gc.ca/eng/1358799301258/1358799341720 .
The Path Forward:
The Government of Canada and First Nations agree towork together on the passage of theFirst Nations Control
of First Nations Education Actand on the joint
development of necessary regulations to follow. The
partnership does not end with the introduction of a bill.
The overriding goal of the legislation is better outcomes
for First Nation students. First Nations and the
Government of Canada agree that this is best achieved
through First Nations control over First Nations education
http://www.pm.gc.ca/eng/news/2014/02/07/first-nations-control-f
irst-nations-education-act#sthash.NahGPHMX.dpuf
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This Is The Resolution Passed in Gatineau
By Chiefs from Across Canada on December 12, 2013
Moved by Doug Kelly, B.C.,Seconded by Chief Joe Miskokomon
Carried by Consensus
WHEREAS:
A. The United Nations Declaration on the Rights of
Indigenous Peoples (UNDRIP) in Article 14 recognizes
the right of First Nations to develop our own education
institutions and systems, reflecting our languages, cultures
and identities, including language immersion initiatives
and institutions, and requires state governments to seek
the free, prior and informed consent of First Nations
governments prior to enacting measures which impact ourrights.
B. First Nations education is a key foundation for
strengthening our cultural identity, ensuring the
transmission of our languages, and ultimately
strengthening our families, our clans, our communities,
and our nations.
C. First Nations are united in advancing education that is
child-centred, respecting the diversity across regions but
coming together always in understanding that all
initiatives, approaches, and potential agreements in
education must place the child at the centre.
D. The Assembly of First Nations (AFN) has a Chiefs
Committee on Education (CCOE), supported by the
National Indian Council on Education, which has regional
representation and continues to provide advice and
recommendations to the AFN National Executive.
E. First Nations Control of First Nations Education 2010,
which incorporates the originalIndian Control of Indian
Education 1972 paper, is the official education policy for
the Assembly of First Nations.
F. On October 22 2013 the Federal government released:Working Together for First Nation Students: a Proposal
for a Bill on First Nation Education. First Nations across
all regions have reviewed this proposal and reached
consensus that the current proposal is unacceptable and
has been rejected. Resolutions from Nations and regions
set out the following as essential for achieving success for
First Nations students and schools:
a. Any proposal must respect inherent and Treaty
rights and contain First Nation jurisdiction of First
Nation education as the overriding, paramount
principle and not be imposed unilaterally by the
Aboriginal and Northern Affairs bureaucracy.
b. Canada must recognize its obligation and provide a
statutory guarantee for funding of First Nations
education that is sustainable and reflects actual costs.
c. First Nation education systems must be enabled,
supported and funded in a way that supports full
immersion and grounding of all education in
Indigenous languages and cultures.
d. First Nations are diverse, and this diversity must be
fully respected and enabled in the variety of ways in
which First Nations choose to advance First Nations
Control of First Nations Education.
G. First Nations have affirmed that there must be an
agreed-to process that fully respects and reflectspartnership, consistent with Treaty relationships, and the
United Nations Declaration on the Rights of Indigenous
Peoples to support implementation and achievement of
First Nations jurisdiction over education.
THEREFORE BE IT RESOLVED
that the Chiefs-in-Assembly:
1. Reject the October 22, 2013 draft Working Together
for First Nations Students: A Proposal for a Bill on First
Nation Education as is.
2. Call upon Canada to negotiate to advance First Nations
Control of First Nations Education, Assembly of FirstNations policy framework 2010.
3. Are resolute and determined to achieve justice, fairness
and equity for First Nations children, through strong,
culturally-grounded education, and committed to working
together and providing child-centred solutions.
4. Guided by points 1, 2 and 3 above, direct the National
Chief, National Executive, and First Nations to take all
necessary steps to press Canada to respond to the
conditions required to achieve success for First Nations
children including:a. Respect and recognize inherent rights and title,
Treaty rights, and First Nation Control of First Nation
Education jurisdiction. First Nations must retain all
options to advance their education and all such
agreements must be fully respected, enabled and
supported.
b. Provide a statutory guarantee for funding of First
Nations education as a precondition that is sustainable
and reflects needs-based costs consistent with Canadas
obligation.
c. Enable and support systems to provide full
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immersion and grounding of all education in
Indigenous languages and cultures.
d. Develop mechanisms to oversee, evaluate, and for
reciprocal accountability and to ensure there not be
unilateral federal oversight and authority.
e. Ensure a meaningfully supported process to address
these conditions through a commitment to working
together through co-development, fully reflective of
First Nations rights and jurisdiction.
5. Direct the National Chief and National Executive toadvocate urgently and strongly for Canada to commit
immediate investments in Budget 2014 to address the
current funding gap, and advance a statutory guarantee for
the future of First Nations education systems.
What the National Chief Wrote on February 4: No Mention of Kainai
National Chiefs Special Bulletin on First Nations Education
As noted in last months Bulletin, the Government of
Canada is tabling the federal budget on February 11, 2014.
In advance of every federal budget, the AFN presses
forward specific priorities as set by First Nations in
resolution and by the National Executive through the
pre-budget process. This year, additional efforts have
been made to continue our advocacy for action on First
Nation education through direct correspondence to the
federal Finance Minister and the House of Commons
Committee on Finance.
Fairness for First Nations children has been our shared
priority since the early 70s through our push for Indian
control of Indian education. In 2009, at my firstAssembly as National Chief, we reaffirmed our support
for our youth and students and set education as a top
priority.
In June 2010, we stood together at the Nipissing First
Nation to launch the Call to Action on First Nation
Education. The Call to Action built on our national
strategic plan and resolution, calling for support and
partnership to recreate learning environments within our
communities, recognizing the critical need for full First
Nation community participation, engagement and control.
It set clear principles on the need for Canada to respect
our rights and responsibilities, establish a statutory
guarantee for funding for our youth, support for systems
development and curriculum on language and culture.
Our advocacy efforts included a major rally in September
2010 where we joined student walkers from Kitigan-Zibi
Anishinabeg, marching together to Parliament Hill,
honouring the tremendous leadership of our youth like the
late Shannen Koostachin. Dozens of organizations across
the country supported our call to action including
universities and colleges, student and teachers federations,
chambers of commerce, business, unions, civil society,
and even provincial and territorial governments.
There have been a number of milestones including
successive Auditor-General reports, Senate reports and
important consensus motions in Parliament, such as the
one in 2013 supporting Shannens Dream and fair,
equitable funding for First Nation students.
I look as well to the interim report of the Truth and
Reconciliation Commission that highlighted the words of
survivors speaking to their own healing journeys, clearly
expressing their hope for change so that all First Nations
children will have the opportunities in education that weredenied to them: to be nurtured in their language and
culture and to be supported within their families and
communities.
While our Nations are diverse, we all agree that the status
quo is not acceptable. We agree that fundamental reform
is required based on our vision and framework for First
Nations control of First Nation education. And we all
agree that this generation of children must not wait.
Weve seen increased attention and increased mobilization
of our peoples across the country. First Nations clearly
rejected the current federal proposal on First Nationseducation and called for a vigorous effort to advance
reform through First Nations control supported by fair,
sustainable funding.
In an Open Letter to the Federal Minister on November
25th, 2013, sent to all First Nations, I reiterated our firm
opposition to any initiatives or efforts aimed at unilateral
control. Referencing the apology and commitment to
reconciliation, we set clear conditions grounded in
resolutions and mandate to achieve the change First
Nations envision and demand.
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(February 4 Special Bulletin, Continued)
At our 2013 December Special Chiefs Assembly,
extensive dialogue and debate took place over severaldays resulting in national consensus that First Nations
will put our children first, equipping them with the
systems and supports they need, that we will demand
fairness and that we have a clear plan of action, our
policy framework of First Nations Control of First
Nations Education. . Resolution 21/2013 affirmed a)
our rejection of the October 2013 federal proposal and
mandated a clear path forward based on a) respect for
First Nations jurisdiction and Treaties and rights, b) a
statutory guarantee of funding, c) resources for
language and culture, d) reciprocal accountability and
e) ongoing meaningful dialogue.
On December 13, 2013, Minister Valcourt sent an Open
Letter to all First Nations acknowledging that change is
long overdue and it must be done together. He wrote: The
government agrees that First Nations must have control
over their education.
The Chair of our Chiefs Committee on Education,
Regional Chief Morley Googoo together with the mover
and seconder of resolution 21/2013, Grand Chief Doug
Kelly and Chief Joe Miskokomon, pressed for clarity from
the Minister on moving forward on the resolution and
setting a clear way forward in mutual respect andpartnership.
A meeting occurred on January 27 with a follow-upth
report that same day to the National Executive of the
AFN.
Today, February 4 , a meeting of the Chiefs Committeeth
on Education took place as well to keep advancing the
terms of our resolution and our advocacy to achieve
reform consistent with First Nation control of First Nation
education.
Let me be clear: achieving this change requiresinvestment, it requires recognition of rights and it must
enable every First Nation, every Treaty area and region to
advance and negotiate education systems that reflect their
languages and cultures while ensuring that every First
Nation child has the benefit of systems and supports
enabling their success. There is no one size fits all model.
Respecting and reflecting diversity is essential.
I want to thank all of you who have been reaching out,
responding and engaging in this important work. There
have been conversations and contributions with so many
citizens, leaders and experts. So many have helped as
well to reflect back on where we have come from,
pointing to our successes and helping us see the way
forward. Reflections by people like Verna Kirkness,
Leroy Littlebear, Lorna Williams, Elinor Bernard, and
Diane Longboat are captured in the framework discussed
at the Chiefs Committee on Education and will serve as
the foundation for upcoming discussions on how you and
your First Nation want to drive change in education.
In closing, let me reiterate the appreciation I feel for all of
the voices and all of the efforts underway in our
communities every day. During my time as National
Chief I have travelled to nearly one hundred schools
across all regions and have had the chance to sit with our
educators and our students. This has confirmed a deep
resolve to keep pressing no matter how difficult. Our
work as leaders is strengthened by the clarity of direction.
The status quo has been rejected. A unilateral approach of
government has been rejected. Now, First Nations are
driving the way forward and we do so, in accordance withthe United Nations Declaration on the Rights of
Indigenous Peoples standards that call for a process of
mutual respect and partnership between states and
indigenous peoples and as in articles 14 and 15 confirm
the standard of First Nation control and full and equitable
access to meaningful education opportunities for our
children.
We will take every opportunity to stand up for fairness for
our children. We will continue to find the ways to work
together. There is a growing consensus and support
throughout all sectors and regions of Canada thatinvestment is needed for our kids right now. First
Nations have a clear plan and we will, together, achieve
change for our children.
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ONION LAKE CREE NATION DENOUNCES THE DEAL ON EDUCATION
For I mmediate Release
Onion Lake Cree Nation, Treaty No. 6 Terri tory, February 11, 2014 The Onion Lake Cree Nationopposes the recent announcement made by Prime Minister Stephen Harper, Indian Affairs Minister
Bernard Valcourt, and Assembly of First Nations National Chief Shawn Atleo relating to First NationsEducation released on the Kainai Nation, Treaty No. 7 territory, February 7, 2014. Onion Lake Cree
Nation was forced to watch this historic announcement through media outlets as advance notice about
the event was not supplied to our Nation. We condemn the way in which this announcement came aboutsince we were not included in any discussions or negotiations of such a deal that affects our Treaty
promise to Education. I want to remind the successor state of Canada that it has no authority to enterinto negotiations with any other party in matters relating to Treaty that affect the peoples of Onion Lake,
including Education, as it impacts our children and future generations stated Okimaw Wallace Fox,Chief of the Onion Lake Cree Nation.
Our Nation has never given up our authority to another party, such as the Assembly of First Nations, to
speak on our behalf or make decisions for us, especially when it impacts our Treaty. We are not willingpartners in any political process that undermines our inherent jurisidiction to control how we educate our
children. We ask the Assembly of First Nations National Chief Shawn Atleo and the Executive of AFNif they knew of an Education deal being struck; if they knew of any negotiations taking place to agree tothe contents in this announcement and when these discussions took place? said Okimaw Fox.
The newly named First Nations Control Over First Nations Education Act (FNCFNEA) is nothing new
and continues the top down dictatorial approach in addressing First Nations issues by the state of Canada
under Prime Minister Harper. In fact, the contents of the announcement leave us with more questionsthan answers and appears to impose more burden on our Education system. Despite announcing an
increase in funding steeped in uncertainty; it will not come into force until after the next federal electionin 2015 as it is to be rolled out in 2016. Our Nation has consistently rejected the proposed First Nations
Education Act (FNEA) through various forms of written communication to the state of Canada and theAssembly of First Nations.
Our Nation has developed our own Education Law to govern our Cree ways of passing knowledge to ourgenerations of learners and we continue to exercise our inherent jurisdiction over Education as intended
by the original instructions from our Kise-Manito (Creator), stated Okimaw Fox. We will continue to
reject unilaterally imposed agreements by the state of Canada and invite the federal government
to a bilateral discussions under our Indigenous legal framework; a nation to nation table based onthe Treaty made between our ancestors and the Crown. Onion Lake Cree Nation will continue to
enact its own laws, exercise our form(s) of self-determination, honour the Treaty, and ensure the
international communitiy is kept apprised of the actions taken by Canada in breaching its legal
obligations under Treaty, thus bringing dishonour to the Crown.
The Onion Lake Cree Nation is within the Treaty No. 6 Territory, near the city of Lloydminster.
Onion Lake has its own Cree Indigenous Governance System and has over 5,500 citizens.
For media inquiries:
Winston Walkingbear, Director for Operations (OLCN)
Phone: (780) 870-7228
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While all the events at Kainai were taking place,
a delegation of First Nations were in Geneva, Switzerland,
holding meetings with members of the UN Committee
on the Elimination of Racial Discrimination (CERD).
The following document is its submission to the Commtitee.
Submission to the 89th Session
of the UN Committee on the Elimination of Racial Discrimination
With Regard to Canadas Failure to Comply
With Human Rights Conventions, Declarations and General Recommendations No. 21 and 23
of the Committee on the Elimination of Racial Discrimination
3 February 21 February 2014
Geneva
While Canadian political observers were trying to figureout what had happened and not happened regarding the
mystery-laden Kainai Conference Announcement on
February 7, a First Nation delegation was in Geneva,
Switzerland, meeting with members of the United Nations
Committee on the Elimination of Racial Discrimination.
The topic: violations by the Government of Canada of the
human rights of indigenous peoples.
The submission is put forward by the Onion Lake Cree
Nation, Ermineskin Cree Nation, Ochapowace Cree
Nation, Saddle Lake Cree Nation, Alexis Nakota Sioux
Nation, Thunderchild Cree Nation, Piapot First Nation,Nigigoonsiminikaaning First Nation, Seine River First
Nation and the 64 First Nations of Treaties 1, 2, 3, 4, 5, 6
and 10 represented by the Assembly of Manitoba Chiefs.
These are Indigenous Peoples and Nations as understood
within the international jurisprudence , and as such we5
further declare that we are also a peoples as articulatedby the same jurisprudence. Being understood as a
peoples within the international jurisprudence the
Nations have an inherent right by such status to self-
determination.
The Nations for this submission accept that the working5
definition of indigenous peoples as found in the sem inal work
of Special Rapporteur, Martinez Cobo in his report on the
Study of the Problem of Discrimination Against Indigenou sPopulations (Cob o Report), and submits that they meet the
criteria as set out in this definition, The definition from the Cob o
Report reads as follows:
Indigenous communities, peoples and na tions are those
which, having a historical continuity with pre-invasion and
pre-co lonial societi es tha t developed on the ir terri torie s,
consider themselves distinct from other secto rs of the
societies now prevailing on those territories, or parts of them.
They form at present non-dominant sectors of society and are
determined to preserve, deve lop and transmit to future
generations their ancestral territories, and their ethnic
identity, as the basis of their continued existence as p eoples,
in accordance w ith their own cultural patterns, social
institutions and legal system.
This historical continuity may consist of the continuation,
for an extended period reaching into the present of one or
more of the following factors:
Occupation o f ancestral lands, or at least of part of them;
Common ance stry with the original occupan ts of these
lands;
Culture in general, or in specific manifestations (such as
religion, living under a tribal system, membership of an
indigenous community, dress, means of livelihood,
lifestyle, etc.);
Language (whether used as the only language, as mother-
tongue, as the habitual means of communication at hom e
or in the family, or as the main, preferred, habitual,
general or normal language);
Residence on ce rtain parts of the country, or in certain
regions of the world;
Other relevant factors.
On an individual basis, an indigenous person is one who
be longs to these indigenous populatio ns through s elf-
identification as indigenous (group consciousness) and is
recognized and accepted by these populations as one of
its members (acceptance by the group).
This preserves for these communities the sovereign
right and power to decide who belongs to them, without
external interference. [UN Doc. E/CN.4/Sub.2/1986/7
and Add. 1-4].
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We assert our Nations inherent right to self-determination
to freely determine our political status and to freely pursue
our economic, social and cultural development without
interference from foreign nations.The Nations not only assert that such an inherent right to
self-determination is recognized and consistent with the
treaty relationship that the Nations entered into with the
British Crown, to which the Canadian state is the
successor, but that also the implementation of the treaty
relationship is an important means in which the Nations
exercise such a right.6
The Nations assert that the Canadian state has failed to
implement its obligations under the treaty relationship
with our Nations by consistently imposing their laws,
policies and procedures on our Nations based on thepremise that we, as Indigenous Peoples, are unable to
govern our lands, resources, communities or our people.
The Nations submit that such a premise is based upon
colonial beliefs and attitudes that hold the Nations, as
Indigenous Peoples, to have presumed inadequacies based
on race as expressed through images of stupidity, poor
decision-making, and childish, irresponsible and
frequently irrational behaviors.
These colonial attitudes and beliefs also hold that the
Nations and our members are stuck in an unprogressive
and non-evolving past that is associated with maladaptivecultural characteristics. Although the Canada state has
premised its relationship with our Nations on this basis
and created its structure upon it, the Nations have never
participated in the creation of this Canadian state
structure, and as such the Canadian state continues its
attempts to colonize our Nations and Peoples contrary to
international jurisprudence.
Though pervasive in much of Canadas law and policies
relating to our Nations, the most recent example of
Canada states colonial beliefs and attitude can be
demonstrated in its unilateral attempt to impose upon ourNations the proposedFirst Nations Education Act(the
Act). The Act purports to not only provide First Nations
children with an educational system equal with provincial
standards, including standards of accountability and
transparency, but to also include First Nations in the
administration of such a system.
However, such purposes are false, as ultimate authority to
determine the content of the education, the manner inwhich it is to be delivered and the financial resources to
be provided for the administration of such education is left
with the federal Minister for Aboriginal Affairs and
Northern Development (the Minister).
Given the ultimate authority of the Minister, particularly
the control over the financial resources for the educational
system, the actual role of our Nations is superficial at best,
and certainly not in keeping with the Treaty relationship
between the Nations and the Crown, nor our inherent right
as peoples to self-determination of which control of the
education of our children is a component of its expression
Accordingly, the Act is nothing more than a continued
attempt by the Canadian state to paternalistically control
our Nations childrens lifelong learning, despite
consistent opposition by the majority of Indigenous
Peoples and Nations.
Assertions and Requests
The Nations assert that as Indigenous Peoples and Nations
and peoples as recognized within the international
jurisprudence, we have the inherent right, as a component
of self-determination, to develop, control and manage ourchildrens education, and that such a right was not
relinquished through the treaty relationship.
Further, we assert that the treaty relationship recognized
our Nations right to develop, control and manage our
childrens education, and that the same treaty relationship
only requires the Canadian to maintain schools to allow
us to exercise our right.
The Nations assert that Canadas treaty obligation to
maintain schools requires it to provide the necessary
financial resources as required by the Nations to develop,
control and manage our childrens education. The Nationsfurther assert that the Canadian state racially discriminates
against us by its continued adherence to racist colonial
beliefs and attitudes based upon the premise that we, as
Indigenous Peoples and Nations, are unable to govern our
lands, resources, communities or our people as other
peoples and Nations are capable of accomplishing.
The Nations respectfully requests that the UN Committee
on the Elimination of Racial Discrimination under its
urgent action procedure find:
For the purp oses of this submission, the Nations agree with the6
findings of Special Rapporteur, Miguel Alfonso Martinez in his
Study on Treaties, Agreements and Other Co nstructive
Arrangements between States and Indigenous Populations
E/CN.4/Sub.2/1999/20 (Martinez Report).
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1. The presence of a significant and persistent pattern
of racial discrimination within Canadas continued
unilateral imposition of laws and policies regarding our
Nations education based on colonial beliefs andattitudes that holds racial and negative stereotypes of
our Nations and our members, and that views our
Nations as incapable of governing, our lands and
resources, our communities or our people, as other
peoples and Nations are capable of accomplishing,
and as a result interferes with the Nations ability to
exercise our inherent right to self-determination;
2. Canadas attempt to unilaterally impose theFirst
Nations Education Acton the Nations, despite wide-
spread opposition to such legislation from all of
Canadas Indigenous Peoples and Nations, is acontinued manifestation of the Canadian states racist
colonial beliefs and attitudes that is contrary to the
Nations inherent right of self-determination and/or
their treaty right to education as set out in the treaty
relationship between the Nations and the Canadian;
3. A lack of effective mechanisms for our Nations to
exercise our inherent right to self-determination within
the current Canadian states political landscape, and
that such a lack of effective mechanism is a result of
the Canadian states continued use of ideologies that
hold Indigenous Peoples and Nations as unable togovern our lands, resources, communities or our people
as other peoples and Nations are capable of
accomplishing.
Such a premise is based on racist colonial beliefs and
attitudes that held the Nations, as Indigenous Peoples,
to have presumed inadequacies based on race as
expressed through images of stupidity, poor decision-
making, and childish, irresponsible and frequently
irrational behaviors.
Further these racist colonial attitudes and beliefs also
hold that the Nations and our members are stuck in anunprogressive and non-evolving past that is associated
with maladaptive cultural characteristics; and
4. A lack of a national effective mechanism for the
Nations to bring complaints regarding this persistent
pattern of racial discrimination within Canadas
continued unilateral imposition of laws and policies
regarding our Nations childrens education, as the
Canadian state strategically aligns itself with certain
Aboriginal non-governmental organizations that do not
politically represent our Nations and neither possess
the inherent right of self-determination nor are they
bound by the Treaty relationship that Canada, as a
successor state, has inherited.
Finally, the Nations request the UN Committee on theElimination of Racial Discrimination in so finding the above
take the following measures to ensure that the Canadian state
takes positive action to ensure our Nations free exercise of
our inherent right to self-determination and that the
Canadian state meets its obligation in the implementation o
the treaty relationship as set out in the recommendations
found in the Martinez Report:
1. To request the Canadian state to make an urgent
submission of information on the situation as described
in this submission under the early warning and urgent
action procedure;
2. To request the Secretariat to collect information
from field presences of the Office of the High
Commissioner of Human Rights and specialized
agencies of the United Nations, national human rights
institutions and non-governmental organizations on the
situation as described in this submission and more
specifically to appoint and direct UN Committee on the
Elimination of Racial Discrimination Co-Chairperson
Noureddine Amir to investigate and collect information
regarding the allegations contained in this submission
and to report back to UN Committee on the Eliminationof Racial Discrimination with recommendations;
3. The adoption of a decision including the expression
of specific concerns, along with recommendations for
action, addressed to the Canadian state, and the Special
Rapporteur for Indigenous Peoples;
4. To offer to send to Canada one or more members of
the UN Committee on the Elimination of Racial
Discrimination in order to facilitate the implementation
of intern