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

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

2005 Highlights The Jurisdiction negotiations have concluded and the package of agreements was initialed in November 26, The proposed package will include: JURISDICTION OVER EDUCATION Overarching/Framework Agreement (Canada, BC and FNESC) Overarching/Framework Agreement (Canada, BC and FNESC) FNESC/BC Agreement FNESC/BC Agreement Canada/First Nations Agreement Canada/First Nations Agreement Canada/First Nations Funding Agreement Canada/First Nations Funding Agreement Canada/First Nations Implementation Plan Canada/First Nations Implementation Plan

Scope of Jurisdiction The scope of First Nations jurisdiction during this phase of the negotiations is for on-reserve K-12 education. The scope of First Nations jurisdiction during this phase of the negotiations is for on-reserve K-12 education. The Parties have agreed that once this agreement is concluded there will be further negotiations to address Early Childhood Development and Post-Secondary Education and Training. The Parties have agreed that once this agreement is concluded there will be further negotiations to address Early Childhood Development and Post-Secondary Education and Training. JURISDICTION OVER EDUCATION

Framework Agreement Sets out the responsibilities of the parties Sets out the responsibilities of the parties Triggers Federal and Provincial enabling legislation Triggers Federal and Provincial enabling legislation A minimum of 12 BCRs required before Federal legislation introduced A minimum of 12 BCRs required before Federal legislation introduced Negotiation of individual jurisdiction agreements following legislation Negotiation of individual jurisdiction agreements following legislation

JURISDICTION OVER EDUCATION 2005 Implementation Flowchart Nov Negotiators Initial: Overarching Agreement Canada/FNESC/BC Canada/First Nations Agreement FNESC/BC Agreement Negotiators Final Agreements Fall 2005 Negotiate Funding 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 Federal and Provincial Legislation 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 of FN Jurisdiction Up to 36 month Transition Period

Vehicles for implementation of jurisdiction over education (new legal entities) Community Education Authorities Community Education Authorities First Nations Education Authority First Nations Education Authority Canada-FN Jurisdiction Agreement

First Nations will pass an Education Law-making Protocol which sets out the procedures for passing, amending and challenging First Nation Education Laws First Nations will pass an Education Law-making Protocol which sets out the procedures for passing, amending and challenging First Nation Education Laws First Nations will pass an Education Law that will create the Community Education Authority and define the vision and parameters for the First Nations education system. First Nations will pass an Education Law that will create the Community Education Authority and define the vision and parameters for the First Nations education system. The law will not be very detailed as most of the detail will be contained in the terms of reference for the Community Education Authority. The law will not be very detailed as most of the detail will be contained in the terms of reference for the Community Education Authority. JURISDICTION OVER EDUCATION

Community Education Authority First Nations may create a Community Education Authority to operate and administer their education system. CEAs may take many forms:  One community, one school  Multiple communities, one school  Multiple communities, multiple schools

First Nations Education Authority (FNEA) First Nations have provided direction regarding the role of the FNEA. First Nations have provided direction regarding the role of the FNEA. It will only have jurisdiction over areas that have been delegated by First Nations who have jurisdiction. It will only have jurisdiction over areas that have been delegated by First Nations who have jurisdiction. The FNEA will be made up of representatives of Participating First Nations. The FNEA will be made up of representatives of Participating First Nations.

The following powers are contemplated for the FNEA Teacher certification Teacher certification School certification School certification Curriculum and standards Curriculum and standards

Funding for Jurisdiction Developmental Funding will be available for FN to undertake developmental work to create Community Education Authorities and Education Laws. This will be one time only funding. Implementation Participating FN will receive funding according to the new band-operated funding formula and governance dollars. Funding set out in the Canada-FN Education Jurisdiction Funding Agreement

BC-FNESC Agreement This Agreement acknowledges and builds upon the mutual commitment of FNESC and British Columbia to work together in a new relationship intended to further improve educational opportunities and outcomes for First Nations students. This Agreement acknowledges and builds upon the mutual commitment of FNESC and British Columbia to work together in a new relationship intended to further improve educational opportunities and outcomes for First Nations students. The Parties to this Agreement also recognize that improved educational outcomes for students attending First Nations schools and for First Nations students attending Provincial Public Schools, will be central to the shared objective of restoring, revitalizing and strengthening the economic and social sustainability of First Nations in British Columbia. The Parties to this Agreement also recognize that improved educational outcomes for students attending First Nations schools and for First Nations students attending Provincial Public Schools, will be central to the shared objective of restoring, revitalizing and strengthening the economic and social sustainability of First Nations in British Columbia.

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

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

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

BC-FNESC Agreement Reciprocal Tuition Agreements Reciprocal Tuition Agreements Capacity to grant credentials (First Nation’s Schools students would be eligible to receive the Dogwood if they choose) Capacity to grant credentials (First Nation’s Schools students would be eligible to receive the Dogwood if they choose) Curriculum development and examinations Curriculum development and examinations Consultation obligations Consultation obligations

BC-FNESC Agreement Development of an English 12 that celebrates Aboriginal literature Development of an English 12 that celebrates Aboriginal literature Information sharing and evaluation Information sharing and evaluation Bulk purchasing Bulk purchasing

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

Timelines/Next Steps: Approval processes: It could take approximately six months to one year to get this Agreement through the Federal Cabinet approval process. BC has already taken the agreement to Cabinet for approval. Approval processes: It could take approximately six months to one year to get this Agreement through the Federal Cabinet approval process. BC has already taken the agreement to Cabinet for approval. Parties to sign the Framework Agreement after Federal and Provincial Cabinet approval. Parties to sign the Framework Agreement after Federal and Provincial Cabinet approval. Federal and Provincial legislation to be drafted and proposed and individual First Nation Education Jurisdiction Agreements to be negotiated. Federal and Provincial legislation to be drafted and proposed and individual First Nation Education Jurisdiction Agreements to be negotiated. It is anticipated that the earliest a First Nation will be able to exercise full jurisdiction is September It is anticipated that the earliest a First Nation will be able to exercise full jurisdiction is September JURISDICTION OVER EDUCATION

National Picture May 2005 Cabinet Retreat May 2005 Cabinet Retreat November First Minister’s Meeting (FMM) November First Minister’s Meeting (FMM) The main agenda items for both these meetings included education, housing, governance, health and economic development. The main agenda items for both these meetings included education, housing, governance, health and economic development. Within the education component jurisdiction and sustainable resourcing were the focus. Within the education component jurisdiction and sustainable resourcing were the focus. Transformative Change Accord signed at FMM in November – includes reference to Education jurisdiction agreements Transformative Change Accord signed at FMM in November – includes reference to Education jurisdiction agreements

For More Information on Jurisdiction Visit the FNESC website and click on the Jurisdiction link on the home page Visit the FNESC website and click on the Jurisdiction link on the home pagewww.fnesc.ca Phone the FNESC office toll-free: Phone the FNESC office toll-free: Watch for information about Jurisdiction developments in the FNESC newsletter and in FNESC’s fax communications with First Nations schools and communities Watch for information about Jurisdiction developments in the FNESC newsletter and in FNESC’s fax communications with First Nations schools and communities

FIRST NATIONS JURISDICTION OVER EDUCATION Presentation January 19, 2006