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Analysis Deal between federal government and the Assembly of First Nations on the First Nations Funding
On Friday, February 7, we heard the announcement made on the agreement between the federal government and the AFN. We are submitting here a few preliminary findings in light of the information we have received. Background: The education bill presented by the federal government last October raised serious concerns and was rejected by the vast majority of First Nations. Both the process which led to the drafting of this bill and its content were criticized. The FNEC along with the AFNQL has submitted during the last year three analyses to call attention to our concerns and recommendations. In addition, the AFNQL chiefs represented by Chief Ghislain Picard, asked the minister to take the following elements into consideration: Recognition and respect for First Nations jurisdiction over and control of First Nations education, allowing First Nations solutions to be implemented without imposed oversight. The guarantee of necessary, adequate, equitable, and stable funding for First Nations education. Meaningful support for the teaching of First Nations languages and cultural values. A preliminary agreement on any new process that would ensure a genuine participation of our region. This new process would mean abandoning the current bill which is completely inadequate and widely contested. Our analyses and the repeated requests made by Chief Ghislain Picard to take certain elements into consideration have been ignored by the minister. According to the information obtained by an official release, the current agreement made between the AFN and the federal government has retained several disputed elements of the bill presented in October. In addition, the final draft of the bill is scheduled for the coming weeks so it can be adopted sometime in the coming months. Prime Minister Stephen Harper today announced an historic agreement between the Government of Canada and the Assembly of First Nations (AFN) to proceed with the final drafting and introduction of the First Nations Control of First Nations Education Act. This agreement is the result of years-long, unprecedented process of consultations and discussions.1 (((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((
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Prime Ministers office, First Nations Control of First Nations Education Act, [online], [http://www.pm.gc.ca/eng], February 9, 2014.

February 10, 2014

This agreement was made by a few individuals and keeping members of the Chiefs Committee on Education (CCOE) and the National Indian Education Council (NIEC), official education bodies of the AFN, in the dark. We therefore have every reason to believe that the final revision of the bill will also be conducted this manner. It should be pointed out that the FNEC has sat for almost thirty years on the NIEC and that the AFNQL has had a seat on the CCOE for the same amount of time. Chief Whiteduck and Chief Ghislain Picard represent Quebec and Labrador on the CCOE. AFNQL and FNEC representatives were informed of this agreement at the same time as everyone else. Even today, we still do not possess more information than what you have. Even though the announcement makes reference to three essential conditions specified below, our findings have convinced us that this is only a strategy leading us to believe that finally this government is adhering to our principles. However, in our opinion, it is not the case at all. The guarantee of necessary, adequate, equitable, and stable funding for First Nations education Our definition: A guarantee that an updated funding formula will be used to identify the actual needs and that the funds will be made available to our communities immediately. According to the agreement: 1. No additional short-term funding is foreseen. Only partial funding will be available in 2015 and basic funding for schools in 2016. 2. Is there an analysis that shows that this funding is based on needs? 3. How is the funding calculated? Is it new money? 4. Do we have the guarantee that the current programs will not be cut or recycled to meet the announced budget? (E.g. post-secondary education) 5. No additional funding for post-secondary education. 6. No mention of the need to implement a funding formula that takes the current reality in schools into consideration. 7. The funding promised could disappear; just like the $1.8 billion for education promised in the Kelowna Accord vanished at the end of the Liberals term and the Conservatives rise to power in 2006.
Core Funding (includes language and culture) + 4.5 per cent escalator $1.252B over three years, beginning in 2016-17 and increasing annually thereafter, per the escalator. $500M over seven years, beginning in 2015-16, when Budget 2012 investments expire. $160M over four years, beginning in 2015-16.

Infrastructure Implementation Fund/ Education Enhancement Fund

First Nations Control of First Nations Education Act 2

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Idem. 2

February 10, 2014

( Meaningful support for the teaching of First Nations languages and cultural values Our definition: serious recognition of the importance of adequately supporting services enabling languages and traditional knowledge to be preserved. According to the agreement: 1. The reference to teaching languages and culture in the overall budget indicates no serious assessment of the needs in this area. This element was simply added to the overall budget. Enabling First Nations to incorporate language and culture programming in the education curriculum, and providing funding for language and culture programming within the statutory funding stream.3 2. No mention was made of adequate funding. 3. A reminder that the Conservative government, in its first few days in office, put a stop to the $160 million budget reserved for languages in the Kelowna Accord. 4. According to the agreement, the legislation would enable First Nations to implement linguistic and cultural programs, but in the same breath, the obligation to meet provincial standards is mentioned. Meanwhile, there are no provincial programs or standards for teaching languages and culture. 5. Is it realistic to expect First Nations to meet provincial program requirements without giving them the control needed to make significant accommodations, and at the same time claim that there will be the necessary resources to make language and culture education a priority? Recognition and respect for First Nations jurisdiction over and control of First Nations education, allowing First Nations solutions to be implemented without imposed oversight; The current agreement: 1. The name of the draft bill was changed to First Nations Control of First Nations Education Act to create an illusion of a major change, while the bill in its present form goes completely against the First Nation jurisdiction and control of First Nation education. On the contrary, certain articles increase the power of the government to determine the operation of our schools. 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 widely recognized diplomas or certificates.4 2. The revision process will be made by the Assembly of First Nations and AANDC. The risk is high that the new law will be very similar to the draft submitted in October. 3. The control by First Nations is strictly administrative in nature. the legislation will also improve transparency and promote accountability by clearly defining the roles and responsibilities of school administrators of First Nations, and requiring the filing of annual reports5 4. The provincial model is imposed. First Nations Education organizations will be shaped like school boards, thus having authority over First Nations schools, a model criticized by FNEC communities and opposed to the actual one. These school authorities, thus named by the government, will become Federal agencies (and they claim they are recognizing First Nations control, which some believed). (((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((
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Idem. Idem. Idem. 3

February 10, 2014

( The bill will also allow for 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. .6 5. The focus of the future act regarding rules, curriculum, standards and provincial certification. And not the exercise of First Nations jurisdiction. Conclusion: An agreement was made giving the minister the go ahead to introduce a bill in the House for which we do not have all the details, but based on the information we do have, indicates that an act going completely against First Nations aspirations will be adopted. All it took was a promise of future and uncertain funding to accept the unacceptable increased government control over our institutions and the obligation to fall in line with provincial standards and policies. The draft bill as introduced in October is still in force. Its assimilating and paternalistic nature remains, except that this time, the government has the support of the AFN (the national chief) and a few other chiefs. The government no longer needs to care about the concerns expressed by other groups, communities, or organizations. Its process is legitimized by this agreement with the AFN. At the same time the AFN is guaranteeing that controlling structures required by Aboriginal Affairs will be implemented to meet provincial standards.

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February 10, 2014