FIRST NATIONS JURISDICTION OVER EDUCATION Presentation January 19, 2006 Presented by Christa Williams Executive Director First Nations Education Steering.

FIRST NATIONS FIRST NATIONS JURISDICTION JURISDICTION

OVER EDUCATIONOVER EDUCATION

Presentation January 19, 2006Presentation January 19, 2006

Presented by Christa Williams

Executive Director

First Nations Education Steering Committee

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 BCwith Canada and BC

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 proposed package will include:proposed package will include:

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

Scope of JurisdictionScope of Jurisdiction

The scope of First Nations jurisdiction The scope of First Nations jurisdiction during this phase of the negotiations is for during this phase of the negotiations is for on-reserve K-12 education.on-reserve K-12 education.

The Parties have agreed that once this The Parties have agreed that once this agreement is concluded there will be agreement is concluded there will be further negotiations to address Early further negotiations to address Early Childhood Development and Post-Childhood Development and Post-Secondary Education and Training.Secondary Education and Training.


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 introducedFederal legislation introduced

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


2005 Implementation Flowchart

Nov. 2005 - Negotiators Initial:

Overarching Agreement

Canada/FNESC/BC

Canada/First Nations

Agreement

FNESC/BCAgreement

Negotiators

Final Agreements

Fall 2005

NegotiateFunding

Sign

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

Fed

eral and

Pro

vincial L

egislatio

n

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

Canada/First Nations

Agreement Initialed

FNESC/BC Final

Agreement implemented

Canada/First Nation to Sign Final Agreement Ratification Recognition ofFN Jurisdiction

Up to 36 month

Transition Period

Vehicles for implementation of Vehicles for implementation of jurisdiction over education (new jurisdiction over education (new legal entities)legal entities)

Community Education AuthoritiesCommunity Education Authorities

First Nations Education AuthorityFirst Nations Education Authority

Canada-FN Jurisdiction AgreementCanada-FN Jurisdiction Agreement

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

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

The law will not be very detailed as most of the The law will not be very detailed as most of the detail will be contained in the terms of reference detail will be contained in the terms of reference for the Community Education Authority.for the Community Education Authority.


Community Education AuthorityCommunity Education Authority

First Nations may create a Community First Nations may create a Community Education Authority to operate and Education Authority to operate and administer their education system.administer their education 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

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.

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

Funding for JurisdictionFunding for Jurisdiction

Developmental Developmental

Funding will be Funding will be available for FN to available for FN to undertake undertake developmental work developmental work to create Community to create Community Education Authorities Education Authorities and Education Laws.and Education Laws.

This will be one time This will be one time only funding.only funding.

Implementation Implementation

Participating FN will Participating FN will receive funding receive funding according to the new according to the new band-operated band-operated funding formula and funding 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

BC-FNESC AgreementBC-FNESC Agreement This Agreement acknowledges and builds upon the This Agreement acknowledges and builds upon the

mutual commitment of FNESC and British Columbia mutual commitment of FNESC and British Columbia to work together in a new relationship intended to to work together in a new relationship intended to further improve educational opportunities and further improve educational opportunities and outcomes for First Nations students.outcomes for First Nations students.

The Parties to this Agreement also recognize that The Parties to this Agreement also recognize that improved educational outcomes for students improved educational outcomes for students attending First Nations schools and for First attending First Nations schools and for First Nations students attending Provincial Public Nations students attending Provincial Public Schools, will be central to the shared objective of Schools, will be central to the shared objective of restoring, revitalizing and strengthening the restoring, revitalizing and strengthening the economic and social sustainability of First Nations economic and social sustainability of First Nations in British Columbia.in British Columbia.

BC-FNESC Agreement cont.BC-FNESC Agreement cont.

The Parties further recognize and respect the The Parties further recognize and respect the right of parents to decide whether their children right of parents to decide whether their children will be enrolled to receive the benefit of an will be enrolled to receive the benefit of an educational program offered by a school operated educational program offered by a school operated by a Participating First Nation or, in the by a Participating First Nation or, in the alternative, a program offered by a Provincial alternative, a program offered by a Provincial Public School operated by a School Board Public School operated by a School Board pursuant to the authority set out in the School Act pursuant to the authority set out in the School Act or a program offered by an independent school or a program offered by an independent school operated by an authority pursuant to the operated by an authority pursuant to the Independent School Act.Independent School Act.

BC –FNESC AgreementBC –FNESC Agreement

The Parties also agree that this Agreement The Parties also agree that this Agreement is not intended to preclude or impede the is not intended to preclude or impede the capacity of Participating First Nations to capacity of Participating First Nations to pursue the further recognition of pursue the further recognition of jurisdiction over education through other jurisdiction over education through other initiatives including self-government and initiatives including self-government and treaty negotiations.treaty negotiations.

BC-FNESC Agreement BC-FNESC Agreement

HighlightsHighlights British Columbia agrees to recognize the British Columbia agrees to recognize the

jurisdiction of Participating First Nations jurisdiction of Participating First Nations to make laws in respect of Education and to make laws in respect of Education and services provided by a Participating First services provided by a Participating First Nation or by a Community Education Nation or by a Community Education Authority established for that purpose, Authority established for that purpose, on First Nation Land, as set out in a on First Nation Land, as set out in a Canada - First Nation Education Canada - First Nation Education Agreement.Agreement.

BC-FNESC AgreementBC-FNESC Agreement

Reciprocal Tuition AgreementsReciprocal Tuition Agreements

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

Curriculum development and Curriculum development and examinationsexaminations

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

Timelines/Next Steps:Timelines/Next Steps:

Approval processes: It could take approximately six Approval processes: It could take approximately six months to one year to get this Agreement through the months to one year to get this Agreement through the Federal Cabinet approval process. BC has already Federal Cabinet approval process. BC has already taken the agreement to Cabinet for approval.taken the agreement to Cabinet for approval.

Parties to sign the Framework Agreement after Parties to sign the Framework Agreement after Federal and Provincial Cabinet approval.Federal and Provincial Cabinet approval.

Federal and Provincial legislation to be drafted and Federal and Provincial legislation to be drafted and proposed and individual First Nation Education proposed and individual First Nation Education Jurisdiction Agreements to be negotiated.Jurisdiction Agreements to be negotiated.

It is anticipated that the earliest a First Nation will be It is anticipated that the earliest a First Nation will be able to exercise full jurisdiction is September 2008.able to exercise full jurisdiction is September 2008.


National PictureNational Picture May 2005 Cabinet RetreatMay 2005 Cabinet Retreat

November First Minister’s Meeting (FMM)November First Minister’s Meeting (FMM)

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

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

Transformative Change Accord signed at FMM in Transformative Change Accord signed at FMM in November – includes reference to Education November – includes reference to Education jurisdiction agreementsjurisdiction agreements

For More Information on For More Information on JurisdictionJurisdiction

Visit the FNESC website Visit the FNESC website www.fnesc.cawww.fnesc.ca and and click on the Jurisdiction link on the home click on the Jurisdiction link on the home pagepage

Phone the FNESC office toll-free: 1-877-Phone the FNESC office toll-free: 1-877-422-3674422-3674

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

FIRST NATIONS FIRST NATIONS JURISDICTION JURISDICTION

OVER EDUCATIONOVER EDUCATION

Presentation January 19, 2006Presentation January 19, 2006

FIRST NATIONS JURISDICTION OVER EDUCATION Presentation January 19, 2006 Presented by Christa Williams Executive Director First Nations Education Steering.

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