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Pam Palmater

Tag: First Nation Control of First Nation Education Act

  • Harper’s Shell Game: Bill C-33 is on “Hold” – not Dead

    Today, only 3 days after Assembly of First Nations (AFN) National Chief Shawn Atleo resigned, Prime Minister Harper’s Conservative government has made its move. Contrary to Harper’s usual backroom politics and secret meetings with the National Chief, Harper has switched it up. He has decided to play this political game out in the open for all to see. Aboriginal Affairs and Northern Development Canada (AANDC) Minister Bernard Valcourt offered a statement to the press today saying that it will put consideration of Bill C-33 First Nation Control of First Nation Education Act on hold until the AFN clarifies their position.

    “With the support of the Assembly of First Nations, our Government introduced historic legislation, the First Nations Control of First Nations Education Act (Bill C-33) in April. However, given the recent resignation of the National Chief, following today’s second reading vote, any further consideration of this legislation will be put on hold until the AFN clarifies its position.

    Our Government firmly believes that First Nations students deserve a quality education, like every other Canadian.

    The First Nations Control of First Nations Education Act provides the structures and supports necessary to help First Nations students reach their potential and become full participants in the Canadian economy. It would entrench in law the five conditions for success identified by the Chiefs in Assembly last December.”

    This is a very calculated move on the part of Harper’s government which serves a three-fold purpose. Firstly, this move serves as an indication to the AFN that Harper will give it another chance to get back in line. The carrot being offered is the promised funding attached to the bill (post-conservative-election funding). If the AFN confirms their support of the bill, they’ll all kiss, make up and move on as they were pre-Atleo. Atleo’s resignation would go down as a minor hiccup for Harper.

    Secondly, this move could serve to cause internal chaos at AFN. Harper is essentially casting his line to see which member of the AFN executive will take the bait – i.e., who will step up to replace Atleo and maintain the status quo relationship between the AFN and Harper government. Saskatchewan Regional Chief Perry Bellegarde has been front and centre in the media supporting the Atleo-Harper education deal – at least until Atleo’s resignation. Then, there’s always New Brunswick Regional Chief Roger Augustine, who recently wrote an open letter trying to convince Chiefs to support Bill C-33 – so maybe it will be him? It’s hard to say at this point.

    However either of these two scenarios turn out – they both miss the point. It simply doesn’t matter if the AFN Executive jointly issue a statement clarifying their support for the bill, or one of the Executive is appointed as interim National Chief and supports the bill. The AFN has no legal or political authority to allow, approve or in any way provide permission for this bill to proceed through the legislative process. At the risk of sounding like a broken record, the AFN is not a rights-holder – it is an advocacy organization. To those with Aboriginal, treaty and inherent rights to education, it doesn’t matter what the AFN says, except in so far as the AFN has the power to negatively impact our struggle to preserve those rights. We are the rights holders and we are the only ones who can decide. Our strong opposition to this bill is what’s really scaring Harper and motivating this move.

    Finally, and perhaps most ironically, what this recent move by the federal government does is focus attention away from the education bill and place it back on the AFN. Harper is hoping to reduce the building momentum against this bill by directing our attention to the AFN. Many people are now waiting to see what the AFN will say. The media is fixated on the AFN election and who the candidates might be. Some have even commented that AANDC’s announcement to put the bill on hold is a sort of victory.

    But perhaps that’s the idea? Maybe in putting this legislation “on hold” Harper hopes this will be enough to snuff out the fire that has been lit in our communities to defeat this bill?  Keep in mind, First Nation leaders and citizens, together with Canadians, have organized major rallies for May 14 in Ottawa to voice their opposition to this bill. Maybe Harper is hoping we’ll see no need to rally, now that the bill is on hold – but they’d be wrong. We have to use every single day to our advantage to oppose this bill.

    Bill C-33 is still in Parliament, still in Senate pre-study (though on hold) and could be re-animated and rammed through Parliament at a moment’s notice. We have to maintain our focus on killing this bill and worrying about the AFN later. We need to ensure that our voices are heard and that we do everything we can to ensure this bill does not pass. We all want to change the status quo and address the crisis in First Nation education – but giving up control over our education to the Minister is not the way to do that.

    AANDC could start addressing the crisis by providing fair funding and addressing the cumulative deficit in education. AANDC could literally address the chronic underfunding TODAY. It’s a choice they make – against every study, domestic and international law, our treaties and even economic recommendations – not to do so. Look at the lengths Canada will go to in order to defer, deflect and deny the problem of purposeful, chronic underfunding of First Nation education. All of these many decades of studies, reports, and meetings, followed by more studies, reports and meetings are meant to delay the inevitable conclusion – First Nation education must be funded.

    But if Harper has his way – this bill will pass and so too will our chance to protect our future generations from Harper’s assimilation plans.

    We have to stay focused. We have the power to defeat this bill. Hopefully, AFN will have learned from all of this and stand behind the people. But, either way, as sovereign Nations, we have to stand up and defend our sovereignty and jurisdiction over the education of our children and give them hope for their future.

    #KillBillC33

    #StayUnited against #FNCFNEA

    #May14 in Ottawa!!!

  • No Compromise on First Nation Control of First Nation Education: Response to Regional Chief Augustine

    Our unity on First Nation control of First Nation education has been broken by one of our own representative organizations: the Assembly of First Nations. While most of the attention has focused on Atleo, and his recent surprise resignation, we can’t forget that some of the Regional Chiefs have allowed this to happen. http://www.mediaindigena.com/dan-david/issues-and-politics/atleos-last-historic-moment Recently, Regional Chief Augustine issued an open letter in the Globe and Mail arguing that Chiefs should be supporting Bill C-33 – First Nation Control of First Nation Education Act. In his letter to the Globe and Mail he publicly insulted chiefs by saying if they don’t support this legislation, they clearly don’t understand it. http://www.theglobeandmail.com/globe-debate/as-first-nations-leaders-we-should-support-new-education-act/article18388152/ Regional Chief Augustine, against the majority of Chiefs across the country, seems to think he can belittle Chiefs into supporting Bill C-33. He says he has lost patience with them, accuses them of having not read the bill; and implies they are not experts enough in education, or they would see how this bill will save the Indians. Further, he implies that if he and Atleo disagree with dissenting Chiefs, his and Atleo’s views should reign.

    Yet, Augustine does not point to a single provision of the Act that is an improvement for First Nation education, nor does he show how this Act will improve outcomes for our children. He simply mimics the AANDC Minister’s speaking points and tries to scare Chiefs by presenting them with a false choice: Bill C-33 or the Minister’s many scary powers over education in the Indian Act.

     

    This sort of uninformed rhetoric does more to harm to Augustine’s position, than help it. First of all, anyone familiar with the Indian Act knows there are relatively few education provisions in the Indian Act, most of which are not even used any more. In comparison to Bill C-33, the Minister will have greatly enhanced powers over First Nation education.

     

    The majority of all analysis to date by actual First Nation legal, policy and education experts are in agreement that this Act increases Ministerial power and decreases First Nation control. Augustine refers to experts, but doesn’t name any. There is a reason why there is such a mass opposition to this bill, and it’s not a fear of losing the status quo. We are all wanting to overturn the status quo and make changes for our people. Most of us however, want to go forward, not backwards. Most of us want to preserve our sovereignty and jurisdiction over education, not give up control to the Minister, his education co-managers or third party managers. 

     

    This Act lays out a path for the assimilation of First Nations into provincially-directed curriculum, the incorporation of provincial laws on reserve, forces First Nations to educate non-First Nations students, and all must be done in either English or French. This is not a “new journey” – it’s the same path of assimilation Canada has been trying to force us down for the last 500 years. We are trying to undo the damage of residential schools – not repeat it.

    Augustine goes on in his letter to chastize Chiefs for allegedly adopting an all or nothing approach, yet presents Chiefs with a defeatist approach: something or nothing. He uses the same logic and persuasion tactics that the federal government has used for decades. He essentially argues that we have to take whatever deal we can get, because we won’t get anything better. He forgets we have survived many Prime Ministers, Minister of Indian Affairs and other adversaries over the years. This Prime Minister too, will pass. The question is: will we have sold the farm out of fear or preserved our rights for future generations? Augustine is so ingrained in colonial ideologies that selling out rights for beads and trinkets becomes the only logical option – a very defeatist and weak approach. It is certainly not an approach befitting our strong, proud, independent Nations that have thrived on Turtle Island since time immemorial. We have a choice – we don’t have to give up control over our education. That doesn’t have to be the sacrifice we make to advance our cause for properly funded education systems. Our Aboriginal, inherent and treaty rights are solid – we have had them since time immemorial and they cannot be unilaterally extinguished. We can only lose them if we voluntarily give them up. Augustine wants us to embrace inevitable assimilation – the standardization of the Indian in the child, until there are no Indians – all in exchange for a little money. http://www.indigenousnationhood.blogspot.ca/2014/03/first-nations-controlled-first-nations.html Some things that are not negotiable and our sovereignty and jurisdiction over education is one of them. Our rights are not for sale. To voluntarily allow Canada to legislate the treaty right to education is an insult to the ancestors who fought to protect those rights for future generations. Harper wants First Nations to voluntarily transform their treaty right to education into a discretionary program entitlement that is subject to the whims of Parliament. Why would anyone do this? Augustine’s impatience with Chiefs is more of a reflection of his own skewed view of First Nation politics. He thinks the quick deal is the best deal – one battle at a time he says. He equates “winning” with money. He forgets that sometimes the real win is the protection of what makes us who we are: our sovereignty as Nations. No amount of money can ever be as powerful as the sovereignty bestowed on us by the Creator and defended by our ancestors for generations. There can no compromise on First Nation Control of First Nation Education. The solution is simple: In the short term we must address the crisis in First Nation education created by the purposeful, chronic underfunding by the federal government. Amendments can be made to contribution agreements by adjusting funding levels AT LEAST comparable with the provincial rates, with additional amounts to build and repair schools, teach Indigenous languages and build capacity and training. There is a cumulative deficit in the billions in underfunded education on reserve. Even if we are funded now, it will take decades to catch up. In the longer term, it will be up to each Nation to decide how they want to go about addressing the larger issues of treaty implementation, restitution of lands and resources and the recognition of First Nation governance. It’s not for any one leader, organization, Minister or Regional Chief to make that decision for us. #StayUnited against #FNCFNEA #KillBillC33 #ValcourtResign

  • #IMPEACH ATLEO – Response to AFN’s “Analysis” Of Its Own Education Deal With Harper

    The National Chief of the Assembly of First Nations (AFN) Shawn Atleo made a “historic” deal with Prime Minister Stephen Harper on First Nation education. What makes this deal so historic? Well, it’s the deal that no First Nation asked for and its one that Atleo had no power to make. It’s historic because not only will Atleo go down in history as the worst National Chief, but he has taken the AFN down with him. For the most part, many Regional Chiefs sat by and watched him do it. Now, the AFN thinks that by analyzing its own deal, this will help make the bitter taste of assimilation wash down more easily. They are wrong.

    It is important to understand that Atleo has absolutely no independent political power as National Chief. The AFN’s Charter is very specific about this. So, all of his deal-making with Canada is outside the legal scope of this authority. The Prime Minister, who is not a signatory to the treaties between First Nations and Her Majesty, is also acting outside the legal scope of his power. Harper has no power to unilaterally amend treaties or violate constitutionally-protected treaty rights. Yet, this political duo is taking matters into their own hands and changing the rules in education and treaty rights – just like they both promised at the Crown-First Nation Gathering.

    The opposition to this deal is not new – it has been significant and consistent throughout the last few years. Three provinces of First Nations pulled out of the National Panel on Education – Saskatchewan, Quebec and Ontario – as a strong message to Atleo that he did NOT have the mandate to make a deal on First Nation education. Atleo did not listen. He forged ahead despite the growing opposition. The Chiefs in Assembly passed numerous resolutions AGAINST Atleo making any deals on First Nation education and specifically against education legislation. Atleo hung on tightly to Harper and forged ahead despite growing calls for his impeachment.

    Then came the “deal” – the promise of adequate funding, First Nation control, and legislation that would recognize our Aboriginal and treaty rights to education. From the moment Atleo-Harper held their joint press conference, First Nations knew we were in trouble. Atleo sang songs about how he was saving our children from the status quo while Harper countered every point Atleo made – although with great tact. When Atleo realized that Harper wasn’t singing the same song, Atleo send a strongly worded letter asking whether or not any of the promises Atleo made to First Nations were in fact going to be kept by Harper. The answer was no. Instead of throwing away his pride, admitting to his colossal mistake and standing with First Nations against Harper’s assimilation agenda, Atleo stood by Harper.

    What followed was political propaganda from Harper, Minister Valcourt and Atleo meant to save the deal from being challenged in the public arena. AFN’s open letters, statements, clarifications, and press releases were desperate acts of damage control. It was too late – Chief Gilbert Whiteduck filed a judicial review against Canada about the proposed legislation. First Nations spoke honestly and critically in the media about the damage this proposed Act would do. Lawyers, academics, analysts and political commentators all seem to come to the same conclusion: the Act did not reflect First Nations control or protect treaty rights, and even the funding was an illusion.

    The proof is in the act – Bill C-33 which was supposed to be called First Nations Control of First Nations Education Act actually reads:

    An Act to establish a framework to enable First Nations control of elementary and secondary education and to provide for related funding and to make related amendments to the Indian Act and consequential amendments to other acts

    The Act establishes a “framework” and that framework is to “enable” First Nations control over elementary and secondary schools. But what does this mean exactly? First Nations have been very specific that they want recognition of their exclusive jurisdiction and control over all aspects of education in First Nations. The Summary portion of the Act provides more clarity:

     

    This enactment provides for the control by First Nations of their elementary and secondary education systems. It establishes a framework to enable First Nations to exercise that control by administering schools situated on their reserves, by delegating the power to administer schools to a First Nation Education Authority or by entering into a tuition or administration agreement. (emphasis added)

    First of all, any “control” by First Nations is limited only to elementary and secondary education. In addition, that control is limited to the administration of on reserve schools only. That administrative control is further limited to a power to delegate – i.e. that control MUST be exercised by giving up all control to First Nation Education Authorities – a new level of bureaucracy.

    In simple terms, Canada is retaining all of its control over First Nation education – this is clear throughout the Act. At best, this Act outlines a complex process for how Canada will DEVOLVE limited ADMINISTRATIVE control over some, not all, education to First Nation organizations (not First Nations themselves). In case there was any doubt, the Summary goes on to explain that it is Canada that will set out the roles and responsibilities of First Nation educators and will create a National Organization, in addition to this Education Authorities as yet another layer of control over First Nations education.

    This cumbersome new bureaucratic system will not be adequately funded, and the majority of the funds will be eaten up by this bureaucracy. The only people that will benefit are those waiting in the wings to gain favour from the Harper government and be appointed to one of these new boards. While newly appointed bureaucrats suck up the already inadequate funding that should be going to First Nations to operate their schools, a new financial burden is being placed them – the requirement to provide education to non-First Nation people.

    One doesn’t even have to read the actual provisions contained inside the Act to know that this is not in the best interests of First Nations. Yet, Atleo continues to vehemently defend the deal he made with Harper. Atleo’s most recent “analysis” of the Act is a sign that the AFN stopped working for First Nations and is more concerned about gaining favour with Harper to the detriment of our children and future generations.

    The analysis is not really an analysis so much as it is AFN’s spin on their colossal failure. A simple, plain language analysis could have been done in relatively few pages. However, their analysis does not even start until the 4th page of their document. The first three pages simply outline history – what we already know. What’s worse is that when the analysis does start, it begs us to read into the Act what isn’t there – legal recognition, implementation, enforcement and funding of First Nations controlled education systems according to First Nation laws, rights and priorities.

    Highlights of AFN’s Analysis:

    “Principle” of First Nation Control:

    AFN uses the same weasel words that Justice Canada and Aboriginal Affairs and Northern Development Canada (AANDC) uses. Instead of a direct recognition of First Nation jurisdiction over all education systems, AFN and AANDC say that First Nation education should be “designed” based on a “guiding principle” of First Nation control. The design of First Nation education is being done by AANDC through this Act, and the guiding principles of First Nation control are not law – they are fluffy statements used to give the illusion of control without actually recognizes a legal right.

    “Reference” to language and culture:

    AFN argues that a mere reference to language and culture is significant, but fails to highlight how this is limited by the actual provisions within the Act that make provincial standards the norm and English and French the standard languages of instruction.

    K-12 Education is part of life-long learning:

    AFN highlights that this is an important statement in the preamble of the Act, yet ignores the fact that this Act is specifically limited to K-12 education. In an analysis, we would expect AFN to highlight the substantive promises, not the fluff.  This Act does not state that First Nations have jurisdiction over every level of education, thus the lifelong learning statement is just more fluff.

    Protecting the Treaty Right to Education:

    AFN claims that the preamble which states that Canada protects Aboriginal and treaty rights in section 35 of the Constitution Act, 1982 should give comfort that this Act respects treaty rights. All the preamble actually says is that Canada protects treaty rights in section 35. It does not say this Act protects treaty rights. These weasel words are meant to distract our people and give them false comfort.

    AFN asks us to believe that the non-derogation clause contained within the Act is further protection of our Aboriginal or treaty right to education. Yet, that is not what the clause says. The clause speaks to the non-derogation (to take away from) or abrogation (to end or cancel) of Aboriginal and treaty rights generally. There is no positive protection of the treaty right to education, no specific mention of the treaties which protect education being exempt from the Act, and no acknowledgment of Canada’s legal obligations to recognize and implement the treaty right to education. Instead, this Act purports to legislate that treaty right without our consent. The very act of introducing this Bill without the free, informed and prior consent of First Nations, violates the treaty right and/or Aboriginal to education. Further, the failure to fully fund education in First Nations violates the treaty provisions, which in turn violates the constitution.  AFN should be advocating and defending our rights – plain and simple.

    Access to Education:

    Instead of focusing on the necessary funding to ensure that First Nations can provide robust education (of their own design) to First Nations, this part of the Act is not focused on First Nations at all. This section speaks to forcing First Nations to provide education (as outlined by AANDC) to non-First Nation residents. This is an added burden and could impede the ability to direct their education system as per Indigenous values and traditions.

    AANDC, as part of its assimilation agenda, is trying to transition the rights-based obligations of Canada to First Nations, to a discretionary one of programs and services to generic residents. This is the transition from First Nations to provincial municipalities. This is not the first Act to do this. Look at the Matrimonial Real Property Act which purports to give non-Indians property rights on reserve in contravention of treaties and the Indian Act itself. This will also create an administrative and financial burden on First Nations. The fact that AFN would not highlight this and defend First Nation rights shows they are no more than an arm of the federal government facilitating the assimilation agenda.

    Joint Council of Education Professionals:

    Again, this is another provision that First Nations did not ask for, but is a mandatory aspect of this Act. The very fact that this Council is created and governed by federal legislation speaks to the lack of independence. Either way, whether federally-controlled or jointly AFN-Harper controlled – this is not the vision of First Nations regarding jurisdiction over education. If the funding component was addressed, First Nations would be able to build their own capacity with whatever “expert” assistance they determine to be relevant.

    Instead, this Act, like the Matrimonial Property Act, gives the illusion of control and independence, while mandating Centres of Excellence, National Joint Council, controlled by the federal government to oversee federal legislation. None of this speaks to First Nation control. All of AFN’s hopes with regards to this Joint Council are based on “anticipated” roles, not actual roles contained in the legislation.

    Even after all of this, AFN still expects First Nations to follow blindly down this legislative path in “anticipation” of good results. The way I see it, once Canada lives up to its current legal and treaty obligations, I might be more inclined to have some faith in their intentions to live up to the hopes of AFN in this legislation. Until then, we owe our future generations a little more than pie in the sky false hopes.

    First Nation Languages:

    Nice try AFN, but the legislation is clear. The language of instruction in schools is French and English. There is no way you can interpret the law as written in any other manner. The First Nation “is to”, i.e. must offer French or English. They “may” “in addition” offer First Nation languages. This is an optional, permissible action, in addition to regular instruction. Given that First Nations are also being forced to adopt provincial standards and curriculum, there’ll be little room for English-French as core instruction to provincial standards, as well as First Nation immersion. The two are incompatible.

    I don’t want the courts left to interpret our rights. We have domestic and international legal rights to speak our own languages and educate our children in our own languages and on our own standards. This is also an inherent right based on our sovereignty and jurisdiction over education. If Canada had intended that First Nations would be “allowed” to educate their children in First Nation languages in immersion, they would have written it that way. Justice Canada’s legislative drafters are skilled in writing the intentions of the instructing Minister. There was no mistake here.

    First Nation Governance?

    First Nation Education Authorities are the heart of this Act. It is intended that First Nation “control” is exercised through First Nation Authorities. These authorities are defined by Canada. They are agents of AANDC. Similarly, AANDC defines who is to be hired by these authorities, including Directors and Principles, and prescribes their roles. AANDC takes it a step further and includes a school inspector – modern day Indian agent to oversee and “verify” compliance with the Act. This Act goes even further and gives the power to AANDC to require that the First Nation Authority hire a Special Advisor, and can even appoint a third-party educator known as a “temporary administrator” against the will of the First Nation.

    In comparison to the current Indian Act, this act gives AANDC much more detailed and expansive powers over First Nation education. The Act makes it mandatory for the Director, principal and staff of a First Nation school to comply with the third-party educator. Given the horrific outcomes of federally-run residential schools, First Nations have a right to fear such invasive control over their education systems – far more intrusive than now. The difference between residential schools and modern-day federally-controlled schools under this Act is that the federal government was liable for the damages they caused in residential schools. In this Act, they absolve themselves of any and all liability for any harm done to First Nations.

    Other Issues with the Act:

    The funding is inadequate and will be eaten up by new federal and regional education bureaucracies;

    The Act limits First Nation “control” to on reserve schools and excludes First Nation control over their students within their territories but off reserve;

    The Act mandates the provision of already-stretched education services to non-First Nations;

    The Act mandates parents to register and force attendance of their children – not unlike residential schools, which could result in increased abductions of First Nation children by Child and Family Service agencies into already swollen foster care;

    The functions and powers of the National Joint Council are unlimited and could be substantially expanded under the yet-to-be-written regulations;

    There is no requirement that the regulations be approved by or jointly drafted by First Nations – Canada retains all the power to enact any regulation regarding this Act;

    The provisions around the Joint Council membership seem to be more about saving the AFN as an organization, than of representing the views and choices of First Nations – although not defined in the Act, the regulations will determine who is the representative organization;

    A First Nation is not permitted to charge tuition fees to any of its attendees (I’m thinking specifically non-First Nation attendees) which precludes the design of special schools or funding options for schools;

    The Act prescribes who can and cannot act as a Director or Principal, which in very small communities could severely limit whether local people could apply for these jobs;

    Methods of calculation for funding purposes have skewed comparators in “similarly-sized provincial” schools given that the treaty right is not comparable with those who do not have similarly-protected constitutional rights, histories, experiences, socio-economic conditions, governance capacity or catch-up to do from harms in residential schools;

    Finally, the height of an undemocratic, irresponsible, unaccountable government:

    Canada reserves all these powers to direct First Nation education, but will not allow itself to be held accountable if it causes harm – by insulating itself from liability.

    This isn’t what First Nations meant by recognition of First Nations jurisdiction over their own education systems, nor does it recognize and implement the treaty right to education. The AFN’s continued defense of Atleo-Harper’s education deal. At any time the regional chiefs of the AFN could have stopped Atleo by impeaching him; they could have resigned in protest; they could have spoken up loud and clear.

    While it’s true that some regional chiefs were ostracized and excluded from information and decision-making, staying silent about what is happening does not protect the people. I am a strong believer in unity, but not at the expense of unifying ourselves out of existence. Our ancestors were kind, respectful people who guarded their protocols to ensure good working relationships with other Nations. But our ancestors were also warriors and knew when to stand up and protect their people from harm.

    Atleo’s three-piece suits, photo-ops, club speeches, international travel, and fancy dinners with Harper and his Ministers are an insult to the First Nations women who go murdered and missing, to our kids who die in foster care, to the children without hope who die of suicide; and the many people who die pre-mature deaths from purposeful, chronic federal underfunding.

    The problem and the solution have been identified in hundreds of reports. Recognition of First Nation jurisdiction and adequate funding could change lives of First Nations and Canadians as we know it. Even the economic analysis says we’d all live much richer, fuller lives – First Nation and Canadian – if we invested in First Nation education. You don’t need legislation or any more studies to do this – it’s a simple choice by Canada. Not all pressing problems have such simple solutions, but it’s the solution itself – funding – that Canada has taken great pains to avoid.

    It’s time to stop shaking hands with those who are trying to eliminate us and start defending the rights of our people.

    Related blogs:

    http://www.indigenousnationhood.blogspot.ca/2014/03/first-nations-controlled-first-nations.html

    http://www.indigenousnationhood.blogspot.ca/2014/02/harpers-cons-and-fnea-would-you-want.html

    http://www.indigenousnationhood.blogspot.ca/2014/02/first-nation-control-of-first-nation.html

     

     

     

  • The Emperor’s New Clothes: First Nation CONTROL of First Nation Education Act?

    Today Prime Minister Stephen Harper, Minister of Aboriginal Affairs and Northern Development Canada (AANDC) Bernard Valcourt and National Chief of the Assembly of First Nations (AFN) Shawn Atleo announced “re-tooled” education legislation. It should be pointed out that despite all the hype leading up to this announcement, there is no actual legislation to scrutinize. So, what did First Nations get from this announcement?

    http://www.pm.gc.ca/eng/news/2014/02/07/first-nations-control-first-nations-education-act

    The Prime Minister explained that this legislation is an agreement between Shawn Atleo of the AFN and Harper’s government. For Harper, this is about filling the labour shortage with Canada’s fastest growing population – First Nations – not about addressing socio-economic conditions imposed on First Nations through Canada’s archaic funding formulas which purposefully and chronically under-fund First Nations in comparison to provincial residents.

    http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057

    He also referenced the many employers who sat in the audience ready to hire and train high school students. We all know from past announcements this means hiring First Nations to be the pick and shovel labourers for mining companies and other extractive industries. This is about creating a new kind of dependence for First Nations – dependence on labour jobs from extractive industries to undermine attempts by their leaders to defend their territories and the resources on them.

    Minister Valcourt also stated that they are looking at this legislation through an “economic lens” and not a treaty or inherent right lens. Therefore, the inherent right to be self-determining and exercise our own jurisdiction over education does not play into this legislation. He reconfirmed that Atleo was instrumental in the agreement which will ensure “stable and predictable oversight” by the federal government. He further noted that this legislation is about “Canada”. The Conservative government is not hiding their intentions here: it is assimilation into the body politic as they have stated over and over again.

    During the brief question period, Harper confirmed that the legislation was about the deal he struck with Atleo – uniform standards, curriculum and accountability. Atleo didn’t really say much of anything to add to the announcement. It looked more like a political endorsement of the Harper Government for their 2015 election than anything else. One lone woman stood up and stated that AFN and Harper did not consult with all First Nations and that she stood as a Treaty 6 person in objection to the legislation. The protestors on the ground were not permitted inside, so we could not hear their voices.

    Here’s a quick look at today’s “promises”:

    (1) There will be legislation, with a new name, but not shared today;

    (2) The regulations will be drafted later;

    (3) The focus of the legislation will be on provincial training, provincial rules, provincial certification, provincial curriculum and provincial standards (emphasis on provincial);

    (4) The legislation will impose “transparency and accountability” on First Nations as opposed to give First Nations any real control;

    (5) There will be funding, but not until 2015 and/or 2016 (after Harper’s term);

    (6) The funding will not be based on need or in line with the treaty right to education. Instead, an “elevator” (a.k.a. “cap”) will be placed at 4.5%; and

    (7) There is nothing to address the funding crisis in First Nation post-secondary education.

    It should be noted that nowhere in the announcement was there any description of whether this funding was “new funding” in addition to the current core funding; whether it is re-purposed monies from education or other programs that have been cut; or how this funding will be accessed by “non-willing partners” – i.e., those First Nations who reject the legislation.

    This appears to be more about deflecting the nasty publicity around the increasing litigation and human rights claims being brought by First Nations in relation to discriminatory funding in areas like education, housing and child and family services. The future funding promised after Harper’s term could evaporate as easily as the Kelowna Accord did when the Liberal term ended. A promise about future money, doesn’t educate First Nations kids now.

    None of it is really new. This announcement is just re-packaging of old promises that have taken years to come to fruition:

    (1) Election platform – promised adult education and skills training (note announcement yesterday on skills);

    (2) AFN-Harper Joint Action Plan – promised national panel on education

    (3) Crown-First Nation Gathering – promised national panel

    Then came the national panel to which AFN agreed, despite the objections of about half the First Nations in Canada. Saskatchewan, Ontario and Quebec pulled out of the national panel process and submitted their own reports in an unprecedented protest against AFN’s unilateral actions.

    http://www.chiefs-of-ontario.org/sites/default/files/files/OCOFOV%20Education%20Report%202012.pdf

    This was followed by numerous AFN resolutions from the Chiefs in Assembly telling Atleo NOT to talk education legislation with Harper. And most will not forget Idle No More’s rallying cry against the suite of legislation intended to be imposed on First Nations. AFN heard them and proceeded anyway. Atleo said he “respected their views” and proceeded anyway. This led to a large number of First Nations wanting to pull out of the AFN and set up their Treaty Alliance to protect their treaties. All this and Atleo still forges this deal with Harper.

    The promise of future funding is being used as a carrot to gain support for legislation that has not even been shared with First Nations yet. They are hoping that we are desperate enough to support this plan before we can see the army inside the Trojan Horse.

    This is really about tricking First Nations into voluntarily turning their treaty right to fully-funded education into a program privilege that is subject to federal legislation, control and budgets. Even without treaties, First Nations have internationally protected rights to be self-determining, they have specific jurisdiction over their own education and a right to funded education.

    This proposed legislation is meant to strike down any attempts at litigation against discriminatory funding – which they likely wish they could do with Cindy Blackstock’s case against discriminatory funding in Child and Family Services.

    This is just another delay tactic. While we sit in meetings, the natural resources are removed from our territories. While we negotiate announcements, Justice Canada drafts the details of our surrender.

    Had the Emperor actually looked at what his tailor had sewn for him, he’d have realized that he wasn’t wearing any clothes, despite the fact that people he trusted told him how wonderful he looked.

    It’s always our choice. We can choose to say no. Canada does not need legislation to properly fund education. Remember what was promised today: nothing. But we stand to lose a great deal in supporting this legislation. Recognize First Nation jurisdiction over education. Implement the treaty right to education. Properly fund First Nation education. Say no to FNCFNEA.