1

FIRST NATIONS FIRST NATIONS JURISDICTION JURISDICTION

OVER EDUCATIONOVER EDUCATIONPresentation April 2006Presentation April 2006

Presented by Nathan Matthew and Christa Williams

First Nations Education Steering Committee

2

Since the signing of the MOU regarding Since the signing of the MOU regarding First Nations Jurisdiction and Authority First Nations Jurisdiction and Authority over First Nations Education in July, over First Nations Education in July, 2003, FNESC has continued negotiating 2003, FNESC has continued negotiating with Canada and BC.with Canada and BC.

3

20052005 HighlightsHighlights

The Jurisdiction negotiations have The Jurisdiction negotiations have concluded and the package of agreements concluded and the package of agreements was initialed in November 26, 2005. The was initialed in November 26, 2005. The package includes:package includes:

JURISDICTION OVER EDUCATION

Overarching/Framework Agreement Overarching/Framework Agreement (Canada, BC and FNESC)(Canada, BC and FNESC)

FNESC/BC AgreementFNESC/BC Agreement

Canada/First Nations AgreementCanada/First Nations Agreement

Canada/First Nations Funding Canada/First Nations Funding AgreementAgreement

Canada/First Nations Implementation Canada/First Nations Implementation PlanPlan

4

Scope of JurisdictionScope of Jurisdiction

This phase: on-reserve K-12 This phase: on-reserve K-12 educationeducation

When this agreement is concluded When this agreement is concluded there will be further negotiations to there will be further negotiations to address Early Childhood address Early Childhood Development and Post-Secondary Development and Post-Secondary Education and Training.Education and Training.

JURISDICTION OVER EDUCATION

5

Overarching Agreement

Canada/FNESC/BC

Canada/First Nations

Agreement

FNESC/BC Agreement

Canada to present

Memorandum to Cabinet

BC to present Memorandum to

BC Cabinet

FNESC to present to First Nations Leadership

UBCIC and the FN Summit

Negotiate Funding

Negotiators Sign Final

Agreements

20052005November 2005 – Negotiators Initial:

6

20062006

Fed

era

l an

d P

rovin

cial

Leg

islatio

n

12 First Nations Sign Up – Order in Council (OIC)

Canada/First Nations Agreement Initialed

FNESC/BC Final Agreement

Implemented

Up to 36-month

Transition Period

Canada/First Nation to Sign Final Agreement

Ratification

Recognition of First Nations

Jurisdiction

7

Framework AgreementFramework Agreement

Sets out the responsibilities of the Sets out the responsibilities of the partiesparties

Triggers Federal and Provincial enabling Triggers Federal and Provincial enabling legislationlegislation

A minimum of 12 BCRs required before A minimum of 12 BCRs required before Federal legislation introduced (40 Letters Federal legislation introduced (40 Letters of Intent have been received)of Intent have been received)

Negotiation of individual jurisdiction Negotiation of individual jurisdiction agreements following legislationagreements following legislation

8

New legal bodies that will be vehicles for New legal bodies that will be vehicles for implementing jurisdiction:implementing jurisdiction:

Community Education Authorities Community Education Authorities (CEAs)(CEAs)

First Nations Education Authority First Nations Education Authority (FNEA)(FNEA)

Canada-FN Jurisdiction AgreementCanada-FN Jurisdiction Agreement

9

First Nations will pass an Education Law-First Nations will pass an Education Law-Making Protocol which sets out the procedures Making Protocol which sets out the procedures for passing, amending and challenging First for passing, amending and challenging First Nation Education LawsNation Education Laws

First Nations will pass an Education Law that First Nations will pass an Education Law that will create the CEA and define the vision and will create the CEA and define the vision and parameters for the First Nations education parameters for the First Nations education system.system.

The law will not be very detailed as most of The law will not be very detailed as most of the detail will be in the terms of reference for the detail will be in the terms of reference for the CEA.the CEA.

JURISDICTION OVER EDUCATION

10

Community Education Authority Community Education Authority (CEA)(CEA)

First Nations may create a CEA to First Nations may create a CEA to operate and administer their education operate and administer their education system.system.

CEAs may take many forms:CEAs may take many forms: One community, one schoolOne community, one school

Multiple communities, one schoolMultiple communities, one school

Multiple communities, multiple Multiple communities, multiple schoolsschools

11

First Nations Education Authority First Nations Education Authority (FNEA)(FNEA)

First Nations have provided direction First Nations have provided direction regarding the role of the FNEA.regarding the role of the FNEA.

It will only have jurisdiction over areas that It will only have jurisdiction over areas that have been delegated by First Nations who have been delegated by First Nations who have jurisdiction.have jurisdiction.

The FNEA will be made up of The FNEA will be made up of representatives of Participating First representatives of Participating First

Nations Nations (PFNs)(PFNs)

12

The following powers are contemplated The following powers are contemplated for the FNEAfor the FNEA

Teacher certificationTeacher certification School certificationSchool certification Curriculum and standardsCurriculum and standards

13

How do FNESC and the FNSA fit How do FNESC and the FNSA fit into the new relationships?into the new relationships?

The FNEA is different than FNESC and the The FNEA is different than FNESC and the FNSA, as it will have jurisdiction over areas FNSA, as it will have jurisdiction over areas that have been delegated to it by the PFNsthat have been delegated to it by the PFNs

To avoid undue bureaucracy, the FNEA will To avoid undue bureaucracy, the FNEA will contract administrative services to contract administrative services to FNESC/FNSAFNESC/FNSA

FNESC and the FNSA will continue to FNESC and the FNSA will continue to provide services to non-participating First provide services to non-participating First Nations, just as they do nowNations, just as they do now

14

adm

in

FNSA

adm

inThe PFN passes education law-making protocol defining how laws will be created and passed, then a FN Education law is passed, creating the CEA

CEAs have authority for delivery of community education systems

adminA new legal body with certain powers delegated by PFNs:

-Teacher certification

-School certification

-Curriculum and standards

Current relationship

is maintained

(Non-PFNS)ad

min

2 Reps per PFN

15

Funding for JurisdictionFunding for Jurisdiction

Developmental $ Developmental $

One-time funding One-time funding available to FN for available to FN for the creation of CEAs the creation of CEAs and Education Laws.and Education Laws.

Implementation $ Implementation $

PFNs will receive PFNs will receive funding according to funding according to the new band-the new band-operated funding operated funding formula and formula and governance dollars. governance dollars. Funding set out in the Funding set out in the Canada-FN Education Canada-FN Education Jurisdiction Funding Jurisdiction Funding AgreementAgreement

16

HIGHLIGHTS HIGHLIGHTS BC-FNESC AgreementBC-FNESC Agreement

BC recognizes law-making authority of PFNs BC recognizes law-making authority of PFNs for on-reserve K-12 education, as set out in for on-reserve K-12 education, as set out in Canada-FN Education AgreementCanada-FN Education Agreement

Reciprocal Tuition AgreementsReciprocal Tuition Agreements

Capacity to grant credentials (First Nations Capacity to grant credentials (First Nations Schools students would be eligible to Schools students would be eligible to receive the Dogwood if they choose)receive the Dogwood if they choose)

Curriculum development and examinationsCurriculum development and examinations

17

HIGHLIGHTS HIGHLIGHTS BC-FNESC AgreementBC-FNESC Agreement

Consultation obligationsConsultation obligations

Development of an English 12 that Development of an English 12 that celebrates Aboriginal literaturecelebrates Aboriginal literature

Information sharing and evaluationInformation sharing and evaluation

Bulk purchasingBulk purchasing

First Nations who conclude Canada First First Nations who conclude Canada First Nations Agreements may become a party to Nations Agreements may become a party to this Agreement by signing a Party this Agreement by signing a Party Agreement form.Agreement form.

18

Timelines/Next Steps:Timelines/Next Steps:

Faster than anticipated. Federal cabinet Faster than anticipated. Federal cabinet approval now possible by May 2006approval now possible by May 2006

BC has already taken the agreement to BC has already taken the agreement to provincial cabinet for approvalprovincial cabinet for approval

Parties could sign Framework Agreement as Parties could sign Framework Agreement as early as mid-June 2006early as mid-June 2006

Federal and provincial enabling legislation as Federal and provincial enabling legislation as early as December 2006early as December 2006

Negotiation of individual First Nations Negotiation of individual First Nations education jurisdiction agreements and up to education jurisdiction agreements and up to 36-month transition period36-month transition period

JURISDICTION OVER EDUCATION

19

National PictureNational Picture November 2005 First Ministers Meeting (FMM)November 2005 First Ministers Meeting (FMM)

The main agenda items for both these meetings were The main agenda items for both these meetings were education, housing, governance, health and economic education, housing, governance, health and economic development.development.

Within the education component, jurisdiction and Within the education component, jurisdiction and sustainable resourcing were the focus.sustainable resourcing were the focus.

FN/Canada/BC Provincial Transformative Change AccordFN/Canada/BC Provincial Transformative Change Accord signed at the FMM in November – includes reference to signed at the FMM in November – includes reference to Education jurisdiction agreementsEducation jurisdiction agreements

Given the change in government, FMM financial Given the change in government, FMM financial commitments are uncertain until the federal budget is commitments are uncertain until the federal budget is introduced.introduced.

20

Implementation – 2 LevelsImplementation – 2 Levels

Community Implementation:Community Implementation:

CEA: CEA: - Created by the passing of a FN Education LawCreated by the passing of a FN Education Law- Responsible for school governance and Responsible for school governance and

relationship with the provincerelationship with the province- Terms of Reference to include school calendar, Terms of Reference to include school calendar,

graduation requirements, other mattersgraduation requirements, other matters

Work is underway to create templates for FN Work is underway to create templates for FN Education Law and CEA Terms of Reference.Education Law and CEA Terms of Reference.

21

Implementation – 2 LevelsImplementation – 2 LevelsProvincial Level ImplementationProvincial Level Implementation

FNEA: FNEA: - New provincial legal entityNew provincial legal entity- Will come into being with passage of federal Will come into being with passage of federal

enabling legislationenabling legislation- Made up of a board with 2 seats for each First Made up of a board with 2 seats for each First

Nation with a Jurisdiction AgreementNation with a Jurisdiction Agreement- Model based on philosophy of exercising jurisdiction Model based on philosophy of exercising jurisdiction

collectivelycollectively- Root of jurisdiction will remain with each First Root of jurisdiction will remain with each First

NationNation

22

QuestionsQuestions

1.1. Is the link between the FNEA and FNSA Is the link between the FNEA and FNSA clear?clear?

2.2. Do FN schools in communities not Do FN schools in communities not currently involved in implementing currently involved in implementing jurisdiction:jurisdiction:

- - want involvement in developing adjusted want involvement in developing adjusted school certification processes and teacher school certification processes and teacher standards/competencies?standards/competencies?

- want the opportunity to use the new - want the opportunity to use the new processes once they are created?processes once they are created?

23

For More InformationFor More Information

Visit Visit www.fnesc.cawww.fnesc.ca and click on the and click on the Jurisdiction link (on the left).Jurisdiction link (on the left).

Phone FNESC toll-free: 1-877-422-3672Phone FNESC toll-free: 1-877-422-3672

Watch for information about Jurisdiction in Watch for information about Jurisdiction in the FNESC newsletter and in FNESC’s fax the FNESC newsletter and in FNESC’s fax communications with First Nations schools communications with First Nations schools and communitiesand communities

24