Bill C-33 (Historical)

First Nations Control of First Nations Education Act

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

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. It also creates a right of access to elementary and secondary education to persons of school age who are ordinarily resident on a reserve, establishes the Joint Council of Education Professionals, sets out the roles and responsibilities of the main participants in First Nations education systems and provides for the necessary funding. Finally, the enactment makes related and consequential amendments to the Indian Act, the Mi’kmaq Education Act and the First Nations Jurisdiction over Education in British Columbia Act.

First Nations Control of First Nations Education Act

[John Carmichael, Conservative, Don Valley West, ON]

Mr. Speaker, it is my great pleasure to rise today to speak in support of Bill C-33, first nations control of first nations education act. I will be sharing my time with the member for Calgary Centre.

My hon. colleagues have spoken at length about the many important facets of this landmark legislation. These are facets, I would like to remind the House, that ensure that the control of first nations education is placed squarely in the hands of first nations.

I would like to confine my remarks today to how this bill addresses the five conditions for success as set out by the Assembly of First Nations, in December of last year.

As members may recall, this past winter, as part of the extensive consultation process that preceded this bill's introduction, the Minister of Aboriginal Affairs and Northern Development released an early draft of the legislation. The purpose of this was to engage first nations and solicit their feedback.

In response, the AFN released an open letter that outlined five conditions they felt were essential to the success of any piece of legislation that reforms first nations education. I am proud to say that our government has accommodated each of these five conditions listed.

The first of these conditions was on respect and recognition of inherent rights and title, treaty rights, and first nation control of first nation education. To begin with, Bill C-33 explicitly meets this condition in the wording of the preamble of the bill. Furthermore, the text of the bill legally enables first nations control of first nations education in several specific ways.

First nations can choose their governance options, develop their own curricula, decide how they will incorporate language and culture into the curricula, choose their own education inspectors, control the hiring and firing of teachers, determine how their students will be assessed, and determine how the school calendar will be structured to meet a set number of days.

With respect to governance options, first nations can choose to continue to operate their schools directly, enter into a service delivery arrangement with a third party such as provincial governments, or they can choose to aggregate into a first nations education authority that would operate multiple schools.

These governance models are designed to respect existing education systems that have been built by first nations communities, which would be supported by, and funded under, Bill C-33. If they choose, first nations can also opt to pursue self-government arrangements in which they take on full jurisdiction over education.

It is important to remember that first nations who already have self-government agreements that cover education would be exempt from this bill and would be able to continue to educate their children exactly as they have in the past.

The second condition of success was the statutory guarantee of funding. Bill C-33 includes extensive and unprecedented statutory funding obligations on the part of the Minister of Aboriginal Affairs and Northern Development. In fact, subclauses 43(2) and 43(3) exceed the second condition set out by the Assembly of First Nations, by not only setting statutory guarantee of funding, but by taking the steps of legally requiring that federal funding be sufficient to support reasonably comparable service delivery to that offered in the provincial system.

In addition, the statutory funding is subject to a 4.5% escalator, which will replace and remove the 2% funding cap that the Liberal government placed on first nations spending. This will ensure stable, predictable, and sustainable funding for years to come.

The third of five conditions is funding to support first nations education systems that are grounded in indigenous languages and culture. Clause 43 speaks explicitly to funding for first nation language and culture instruction, as follows:

43(4) The amounts payable under subsection (1) must include an amount to support the study of a First Nation language or culture as part of an education program.

Meanwhile, other clauses ensure the option of incorporating first nation language and culture programming in the education curriculum. This includes immersion in a first nation language in a manner that ensures transferability of students between education systems and allows the students to obtain a recognized high school diploma.

As we can see, Bill C-33 sets out legislative supports and protections founded in the recognition that a culturally relevant learning environment is key to the success of first nation students and also key to achieving reconciliation more broadly.

The fourth condition stipulates mechanisms to ensure reciprocal accountability and no unilateral federal oversight or authority. Bill C-33 makes it clear that the powers of the minister with regard to the administration of first nation education are measures of last resort and can only be carried out with advice of the independent joint council of education professionals. It is important to note that these powers are more limited than those that lie with the provincial ministers of education.

Once Bill C-33 is passed, the minister will have significantly less authority over first nation education than he does today. The bill states that the oversight role of the joint council is to advise both the first nations and the minister on the implementation of the governance systems, which first nations will choose for themselves. It would also ensure that first nations' views and concerns are taken into account in the implementation of the legislation, by requiring that half of the joint council be comprised of representatives nominated by first nations. The joint council of education professionals would also serve as the body supporting the co-operative development of regulations and would be responsible for consulting with first nations on the development of regulations and providing this input to the minister as part of its advisory role.

Once the bill is passed, if a school is in compliance with the legislation and a first nation wants to continue to operate the school, it would be illegal for the minister to withhold funding for the operation of that school. In the event that a school has difficulty complying with the act, the legislation establishes a process through which the challenges can be addressed. Again, it would be illegal for the minister to withhold funding, and the process for addressing the challenges would likely include the assistance of a temporary administrator appointed only at the advice of the joint council. In the current context, the minister may withhold funding without seeking any additional advice whenever a first nation is in default under their funding agreement.

The fifth and final condition for success is ongoing meaningful dialogue and co-development of options. The mutual accountability structures included in Bill C-33 serve the role of entrenching the requirement for ongoing dialogue, not only between the federal government and first nations, but between all parties involved in the administration of education on reserve. First nations and the government will continue to work together to develop and confirm an enabling framework in law for the success of first nations schools and students. This includes collaborative development of mechanisms and regulations moving forward.

I am very pleased with the direct manner in which Bill C-33 responds to conditions of success, as expressed by first nations themselves through the Assembly of First Nations. This is legislation that has long been lacking and its time has come. I encourage all honourable members to support Bill C-33.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, the member opposite has suggested that this bill in fact gives control of education to the first nations, but I would like to read from the bill, which states:

Subject to the regulations, the council of a First Nation is to offer English or French as the language of instruction and may, in addition, offer a First Nation language as a language of instruction.

The community of Six Nations actually runs schools in Mohawk and Cayuga, not in English, so it would appear that its decision to do this would be made illegal by this bill and the first nations would not be in control of its own education. Would he like to confirm or deny whether that is the truth?

[John Carmichael, Conservative, Don Valley West, ON]

Mr. Speaker, Grand Chief Shawn Atleo, of the Assembly of First Nations said:

What we are hearing the government commit to is a new way forward that we jointly design an approach to education that we have First Nations control and sustainable funding that has to be anchored in legislation.

This bill is about the children of first nations. It is about providing an education system that will give them a future and the ability to compete in an open job market, a labour market, as they choose. The control of this bill rests in first nations.

[Romeo Saganash, NDP, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, I would like to comment on what was said about the obligation to consult, which is part of Canada's constitutional law. It is the rule of law in our country. We need to fulfill the constitutional obligation to consult first nations about any and all legislative measures that are being considered. That is the case with this bill.

What does the member have to say to the Federation of Saskatchewan Indian Nations, for example, which is saying that it was not consulted and that, as a result, the government should reject this bill? What does he have to say to the Assembly of First Nations of Quebec and Labrador, which has taken this government to court because it was not consulted? What would he say to those groups?

[John Carmichael, Conservative, Don Valley West, ON]

Mr. Speaker, I have listened to the debate on this bill for the last day and a half, and clearly consultation has been the primary issue of debate and discussion. The introduction of the first nations control of first nations education act follows years of discussion, dialogue, and studies, reflecting the efforts of many people in first nations and in government to arrive at this point. All first nations were presented with numerous means of engaging in the consultation process.

For example, in 2011, the Government of Canada and the Assembly of First Nations launched a national panel on first nations elementary and secondary school education, which recommended a first nations education act in its final report. In December 2012, the Government of Canada launched a consultation process that released a discussion guide to help support open and meaningful consultation activities on the government's proposed legislative approach. Between December and May of 2012 and 2013, the Government of Canada held face-to-face regional consultation sessions, video conference and teleconference sessions, and online consultation activities, including an online survey.

The government has provided, through the minister, online and all other forms of consultation that would allow lots of input, lots of opportunity for every first nations member to provide their to input into this.

To refer back to my earlier comment, it is about the children. We need to go beyond this discussion today and deliver a bill for the children that will ensure their appropriate education.

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, it is an honour to rise today in support of Bill C-33, first nations control of first nations education act.

I had an opportunity to travel to the Kainai First Nation in February. One morning there was an absolutely magnificent sunrise on the trip from Calgary to Kainai. It was so apt, because this really is a new dawn for our first nations. This is an historic agreement. It has been 41 years that they have been waiting for control over first nations education, and this is a bill that all opposition members should be fully behind. This changes the trajectory for our first nations people in giving them control over their own education. It really is a huge accomplishment. We on the government side of the House recognize the inherent value of working together with our first nations to achieve this kind of a breakthrough in first nations education.

The NDP in particular continues to perpetuate myths and distort the bill. I would like to take the opportunity today to set the record straight. I feel very passionately about this because I spoke to the leaders in education, people like Chief Charlie Weasel Head, who really believe that this is going to change the future for them.

I would like to examine each of these myths one by one.

Some are saying that first nations do not need the government to tell them how to educate their children and if the government would just give them funding without strings attached, first nations would be better off. In fact, as it stands now, first nation students are the only students in this entire country who do not benefit from minimum legislated standards for such things as teacher qualifications or attendance requirements. The result is that kids from these reserves have diplomas from first nation schools that are not recognized by post-secondary institutions.

Do the NDP and Liberals really want that? Do we want those kids to finish their schooling thinking that they can get into post-secondary institutions and then be denied that opportunity? No, we do not want that.

The bill, in consultation with our first nations, proposes five basic minimum standards that would ensure our first nation kids would have access to the same high-quality education as kids from the rest of the country. As well, it would allow for flexibility to incorporate first nations language and culture. Those are two things that are really key in the bill, including first nations language immersion.

Another misconception being spread about the bill is that it would not actually give first nations control over their education systems. Well, Chief Charlie Weasel Head, National Chief Shawn Atleo, the educators I spoke to, and the many other leaders who were there for that announcement on that day entirely disagree.

It has been claimed that the minister would have the ability to appoint temporary administrators to take back control of first nations education because the joint committee would also be appointed by the minister. Let me set the record straight on that too. The goal of the bill is to improve outcomes for first nation students on reserve, and both first nations and the government agree that this is best achieved through first nations control over education.

To this end, the bill has been structured to, one, allow first nations to choose their own governance model; two, develop and deliver their own curriculum; three, choose how they are going to incorporate language and culture if they wish to do so; four, choose their own inspectors; five, control the hiring and firing of their teachers; and six, determine how their students are going to be assessed and how the school calendar will be structured to meet a set number of days.

The joint council of education professionals would have five to nine members, all of whom would have to have knowledge of and/or experience in elementary or secondary education. Four of them would be nominated by the AFN, based on their own selection process. These are people who are very skilled in education. They have a strong track record and they want to mentor their own people to be able to deliver this kind of quality education.

The chair of the committee would be recommended by the minister in consultation with the Assembly of First Nations, and, further, the legislation would ensure that the minister must consult with the joint council on matters related to the creation of first nation education authorities, appointing temporary administrators, and creation of regulations.

This shows an unprecedented level of both trust and respect for the idea that first nations people will know how to deliver education that is going to meet the future needs of their first nations kids.

Another erroneous myth surrounds money. The NDP claims that the core funding is not enough. It says that $1.2 billion over three years does not go far enough and that the new funding supports have to begin immediately.

It does not surprise me that the NDP is mistaken again. The bill would establish a statutory funding obligation on the part of the minister not only to fund education but also to do this in a way that allows for quality services that are reasonably comparable to those off-reserve services in the provincial system, and that is key.

Economic action plan 2014 confirmed the new investments of $1.252 billion in core funding beginning in 2016, in addition to the $1.55 billion that we already spend on first nations education every year. These are big numbers, and they need to be there because education is so important.

We removed the 2% cap that was put in place by the Liberals and we replaced it with a 4.5% escalator that is going to ensure the sustainability of this funding. It is estimated that over the next five years we are going to spend $9.2 billion in core funding alone for first nations education. Our Conservative government has committed all along to the principle of investing in these reforms.

It is worth noting that the NDP voted against this much needed funding, which was included in economic action plan 2014. What else is new?

Members from the NDP also took issue with infrastructure investments, in one case even claiming that the government should be spending upward of $50 million per school in over 600 communities. We do believe that investments are needed in infrastructure, but we do not want all the money that should be spent on the education of these kids, our kids, on these reserves going into bricks and mortar. We have to do that efficiently and make sure that, yes, our first nations students have safe and proper facilities in which to learn, but, more importantly, that they also have funding for the teachers and the programming that are going to help them succeed in the future.

We will use $500 million to support new school projects and renovations to existing school infrastructure across the country in a way that ensures healthy, quality, safe environments for first nations students.

Another common refrain that we hear is that Bill C-33 is simply a cosmetic change from the draft legislative proposal released in November. Our first nations leaders certainly do not believe that. I would like to point out that the five conditions for success were set out in a resolution by the Assembly of First Nations at its Special Chiefs Assembly in December. Our Conservative government worked collaboratively to respond to these conditions in the first nations control of first nations education act. These conditions are now going to be entrenched in law.

This is truly amazing. This is one of the moments that all Canadians should be celebrating as absolutely historic.

We will establish, in legislation, control by first nations of their own elementary and secondary school systems, recognizing first nations treaty rights and respecting their inherent right to self-government. We will create an independent joint council of education professionals with a robust oversight role to ensure that ministerial powers are only used as a last resort. It would ensure in law the ability to incorporate first nations language and culture programming into the education curriculum, including immersion. It would establish in law, for the first time in history, a statutory funding obligation on the part of the minister for education on the reserves. It would establish in law the requirement for ongoing, meaningful engagement on first nations education by the Government of Canada, supported by the joint council.

Anyone who suggests that Bill C-33 did not take into account the input of first nations is simply wrong. I hope that I was able to reassure the House that the misconceptions being perpetuated by the NDP hold no water.

I call on all members to support this bill, including the NDP and the Liberals, who have been strangely silent on this bill despite the fact their own government proposed something very similar just before it fell in 2005. They have been silent on this bill. I call on all of them to support this bill.

As Shawn Atleo said:

This work is simply too important to walk away and abandon our students to the next round of discussions....

It is time to act. It is time to pass this historic legislation and give our kids on first nations reserves the education they deserve and first nations the ability to control that education.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, I listened closely to the speech by the hon. member for Calgary Centre and I have two questions for her.

First, in formulating her comments on Bill C-33, did she directly consult with the regional chief for Alberta? Did she consult with the grand chiefs from Treaties 6, 7, and 8? Did she consult with any of the chiefs or council or members of those first nations?

Second, while the member claims that there were intensive consultations on the bill, she will note that in the bill itself there is provision for zero consultation with first nations on promulgating the regulations that would actually implement the bill. Would she like to speak to that?

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, I am glad the member for Edmonton—Strathcona asked that question, because it was historic that this legislation was announced in Alberta, her home province and mine.

The number of first nations leaders who were there, the chiefs who were there, the diversity of the chiefs from across the country, the quality of the educators who were there was positively phenomenal. We really do have a core of amazing leaders in first nations education who are ready to take on this mantle and do a tremendous job with it.

The member was asking about consultation. The national panel led by Chuck Strahl, who we all know did an amazing job as minister, visited 30 communities and 25 schools. There were seven round tables, telephone town halls, 30 teleconferences, and 600 chiefs and councils had this document shared with them. In every first nation in Canada, the joint council of education professionals will carry that forward.

[The Speaker, Conservative, Andrew Scheer]

There will be about three minutes left for questions and comments after question period. Now we have to move on to statements by members.

The hon. member for Kitchener—Conestoga.

The House resumed consideration of the motion that Bill C-33, 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, be read the second time and referred to a committee.

[The Speaker, Conservative, Andrew Scheer]

There are still three minutes available for questions and comments.

The hon. member for Prince George—Peace River.

[Bob Zimmer, Conservative, Prince George—Peace River, BC]

Mr. Speaker, with respect to aboriginal education, we have heard from people in my riding who want changes made to the aboriginal education bill. We have responded to those concerns.

What makes it interesting for me is the opposition has been asking for changes to aboriginal education in Canada, yet when it is changed, it is never good enough.

Would the hon. member tell us what the positives of the bill are?

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, what Canadians really want to know is if this makes the future better for our aboriginal kids. That is the bottom line.

I can go through the nooks and crannies of the bill. However, the nub of it is that this is an absolutely historic bill that gives first nations control over their own education. We are doing that as a government because first nations are ready for that control. They have magnificent models. Right now they have well-educated first nations people who run schools and who can bring other first nations along. They will deliver the kind of education their kids deserve.

Incidentally, this agreement is similar to something the Liberals brought forward. However, our bill, which they are not supporting, also gives them control over language and culture. Those are two very important new components that make this a truly historic bill.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, why are the Union of British Columbia Indian Chiefs, the Anishinabek Nation, which is three dozen communities in northern Ontario, and the Assembly of First Nations of Quebec and Labrador all opposing this bill? Why are first nations across the country opposing the bill?

Clearly, the answer is that there has not been the consultation that the government has pretended it did. The consultation has simply not been there. That is why first nation, after first nation is objecting strenuously to both the form and content of this bill and also this complete disregard of any adequate and thorough consultation with first nations.

[Joan Crockatt, Conservative, Calgary Centre, AB]

Mr. Speaker, the member opposite could not be more wrong. That is typical of the NDP, the protest party. Its members will look for any protester in any way that they can bring forward on any bill. I would urge them to look at what the bill would do and get behind first nations in Canada that want to move forward. They should not stay with the patriarchal old system of the past, but rather move ahead with the first nations educators who are ready, willing and able to take control of first nations. They have been waiting for this is an historic agreement for 40 years.

I urge the members opposite to look forward.