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 bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Bernard Valcourt  Conservative

Status

In committee (House), as of May 5, 2014
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-33s:

C-33 (2022) Strengthening the Port System and Railway Safety in Canada Act
C-33 (2021) Law Appropriation Act No. 2, 2021-22
C-33 (2016) An Act to amend the Canada Elections Act and to make consequential amendments to other Acts
C-33 (2012) Law Protecting Air Service Act

Votes

May 5, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Aboriginal Affairs and Northern Development.
May 1, 2014 Passed That, in relation to 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, not more than one further sitting day after the day on which this Order is adopted shall be allotted to the consideration at second reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Second ReadingFirst Nations Control of First Nations Education ActGovernment Orders

April 30th, 2014 / 5:25 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I listened with great interest to the parliamentary secretary on the question that I previously put to the government, which was about the fact that while the parliamentary secretary says that he has agreed to consult with first nations in the making of the regulations, why then is that commitment not enshrined in law to not only bind the government, which may choose to do so in good faith, but all future governments?

I will bring to the attention of the parliamentary secretary the United Nations Declaration on the Rights of Indigenous Peoples, which the government has endorsed. Article 18 states, “Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves”, and article 19 states, “States shall consult and cooperate in good faith”. Where is the delivery on the UNDRIP?

Second ReadingFirst Nations Control of First Nations Education ActGovernment Orders

April 30th, 2014 / 5:25 p.m.

Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Mr. Speaker, of course there were concerns raised by the AFN to the first draft of the legislation that was put out. It came forward with five conditions for success. One of those was to enable first nations control of first nations education act.

I talked extensively in my speech about the joint council of education professionals. This is a major change from the first draft to the current first nations control of first nations education act. The member speaks about the United Nations Declaration on the Rights of Indigenous Peoples. Of course, it was our government that recognized the UNDRIP. Certainly, it is an aspirational document. It is part of the consideration here, but we also work with the AFN and what it has said is the joint council of education professionals is the body it believes should be used to develop those regulations. There would be four members appointed on the recommendation of the AFN, including the chair, in consultation with the minister.

I see my time has expired. I look forward to more questions the next time this is before the House.

Second ReadingFirst Nations Control of First Nations Education ActGovernment Orders

April 30th, 2014 / 5:25 p.m.

The Acting Speaker Bruce Stanton

We have time for one short question and response. We will go to the hon. member for Winnipeg North.

Second ReadingFirst Nations Control of First Nations Education ActGovernment Orders

April 30th, 2014 / 5:25 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I will try to keep it very short. We just witnessed the government House leader come in on day one. The minister introduced the bill and he has already stated that the government has full intention of closing debate, on the very day it was introduced. I wonder if the member feels our first nations education is not important enough that we should not allow for debate, as opposed to the government bringing in time allocation to try to force the end of debate.

Second ReadingFirst Nations Control of First Nations Education ActGovernment Orders

April 30th, 2014 / 5:30 p.m.

Conservative

Mark Strahl Conservative Chilliwack—Fraser Canyon, BC

Mr. Speaker, yes, we do believe that education is a priority. That is why, unlike the Liberal government that did nothing on the file for 13 years, our government is taking action and is going to deliver the first nations control of first nations education act, because that is what first nations students on reserve deserve.

Second ReadingFirst Nations Control of First Nations Education ActGovernment Orders

April 30th, 2014 / 5:30 p.m.

The Acting Speaker Bruce Stanton

That was right on time.

It being 5:30 p.m., the House will now proceed to the taking of the deferred recorded division on the motion by the member for North Delta, relating to the business of supply.

Call in the members.

First Nations Control of First Nations Education ActGovernment Orders

May 1st, 2014 / 12:55 p.m.

The Acting Speaker Barry Devolin

When this matter was last before the House, there were seven minutes remaining in questions and comments for the hon. Parliamentary Secretary to the Minister of Aboriginal Affairs. Questions and comments.

Resuming debate, the hon. member for Churchill.

First Nations Control of First Nations Education ActGovernment Orders

May 1st, 2014 / 12:55 p.m.

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I am privileged to stand in the House to speak to a bill that is extremely important to the people who sent me to Parliament, first nations and indigenous people in northern Manitoba, and of course, first nations people across our country.

I want to begin by speaking about the reality that first nations youth face in communities in our part of the country. Some weeks ago, I had the opportunity to visit Little Grand Rapids. Little Grand Rapids is a small first nation on the southeast side of Lake Winnipeg. It is isolated. There are no roads that go there; it is in the middle of the forest, or the bush, as we call it. People work hard at what they do, hunting, trapping, fishing, and they hope for the best for the future of their kids, as anybody does.

What I hear from them when I visit from house to house is their concern for their kids, the concern that their kids are not going to have the same opportunities as other kids. It is not because of where Little Grand Rapids is, how far it is from the city or where it is positioned geographically. It is because it is a first nation, and they know their kids face some of the most unequal opportunities in terms of education in this country. Because they are first nations, going to school on reserve, they are guaranteed to be going to a school that is funded to a lesser extent than other schools.

What does that mean? It means that their kids go to a school that some people describe as a fire trap. It is a school where the doors do not lock properly. In order to lock them in -40° weather, so the cold does not come in, they have to a use a chain and a lock. It means the fire alarm system does not work. In fact, when Aboriginal Affairs and Northern Development built the school, it hooked up those little fire alarm contraptions that we see everywhere else. It put them on the walls throughout the school and never hooked up the wiring to a fire alarm system. Guess what? There is no fire alarm system. Not only is there no fire alarm system, but as a result there is no sprinkler system, and due to the underfunding, there are no fire extinguishers.

My question in the House for the Minister of Aboriginal Affairs and Northern Development is whether he would be okay with his kids going to a school like that. Why should the youth of Little Grand Rapids and first nations across this country go to schools that are dangerous, underfunded, falling apart, and full of mould, that do not have enough books, do not have enough teachers, and do not have enough resources, and that are setting them up to fail?

When we talk about the history of colonialism and paternalism that first nations have faced in this country, we cannot just talk about history, because it is happening today. It is happening in the way first nations people face unequal standards across the board, whether it be education, health, employment, housing, or infrastructure. The list goes on.

To see what is most fundamentally clear in the response to the needs of first nations youth and the kind of paternalism we see, one has to go no further than the approach the government has taken on Bill C-33, the first nations education act. The reason I say that is that a fundamental obligation of the federal government to consult with first nations people has not been adhered to in the development of this critical bill.

First nations across the country, certainly those in Manitoba, have been clear that, without consultation, the bill cannot be supported. It is not because they have not made clear the importance of consultation. They have made it clear and have been consistent over the last number of years.

In December 2012, Aboriginal Affairs and Northern Development Canada began consultations on an education act. In July 2013 the department released a document called “Developing a First Nation Education Act: A Blueprint for Legislation”. With few amendments, that blueprint became a draft legislative proposal for a first nations education act in October 2013. I am sure all too many members of the government will remember that the draft proposal was condemned by first nations educators, leaders, and activists overwhelmingly.

On the very issue we are discussing today, on the critical issue of education for first nations, first nations have told us the direction they want to take and their priorities.

In 2013 a special assembly the Assembly of First Nations highlighted five priorities: first, respect and recognition of inherent rights and title, treaty rights, and first nations control of first nations education jurisdiction; second, statutory guarantee of funding; third, funding to support first nations education systems that are grounded in indigenous languages and cultures; fourth, mechanisms to ensure reciprocal accountability and no unilateral federal oversight or authority; and fifth, ongoing dialogue and co-development of options. Those five priorities were laid out clearly in a very public manner by first nations themselves, and sadly, the federal government failed to adhere to those priorities.

What we hear from the federal government is rhetoric that is at first premised on having spoken with first nations and of having heard real concerns. Then when I and my colleagues raise the concern that first nations across the country have not been consulted on this legislation, when they need to be consulted, we hear threats, intimidation, and the same old colonial attitudes that first nations have put up with for centuries.

It is clear that first nations across this country are saying no to the first nations education act. I and my colleagues in the NDP are proud to stand with them. I am proud to stand with first nations educators who are speaking out against the first nations education act.

I would like to share the words of Janice Mokokis, an educator and lawyer from Alberta, who has been involved with the Idle No More movement. She has been clear in her opposition to the first nations education act. Janice tells us:

There have been rallies and teach-in's held across the country to inform the Canadian public and First Nations about the implications of this Bill. People who have attended the rallies include children, mothers, fathers, teachers, professionals, leaders and those that would be directly affected by this...[government's actions]. There has been consistent opposition about the Conservative's agenda what they deem to be good for First Nations on Education. The Conservative's idea of 'consultation' needs to be closely questioned and critically examined. For example: In the Saskatoon consultation, people were...pushed out of the 'education consultation'.

It was made clear that they were not welcome to have their voices heard.

I also stand in solidarity with people in the blue dot campaign, who made clear their opposition to the government's desire for them not to be welcome at the announcement on the Kainai first nation in Alberta. Members of that nation and first nations people from across the country were there to hear an announcement of legislation that has everything to do with their future, and yet they were not even welcome to stay in the room.

It is clear that there is opposition from coast to coast to coast. First nations people are saying that their inherent rights are not being respected, that their treaty right to education is not being respected, and that the right to consultation that they have under the Canadian Constitution and that is recognized in the UN Declaration on the Rights of Indigenous Peoples is not being respected. The necessity of consultation is not being respected.

The reality is that first nations youth sit by and suffer as a result of the way the Conservative government is approaching a fundamental part of their development and future. We know the statistics are grim. Secondary school data over the last number of years identify the rate of first nations graduation at approximately 36%, compared to the Canadian graduation rate of 72%. Some 61% of first nations young adults have not completed high school, compared with 13% of non-aboriginal people in Canada.

In 2010, there were more than 515 first nations elementary and secondary schools available to approximately 109,000 first nations students resident on reserve. Over 64% of these students attended 515 on-reserve schools operated by first nations. The majority, 75%, were enrolled in either kindergarten or elementary school.

First nations youth is the largest young population in our country. I am so privileged to have had a chance to visit first nations across our region and look into the bright faces of these little kids, who want to be doctors, lawyers, teachers, and carpenters and who want to do great things. All I can think of is the way I come to work every day to look at a government, a Prime Minister, and a Minister of Aboriginal Affairs and Northern Development that do everything in their power to ignore the voices of their communities, educators, and leaders. They say they are doing the right thing and they say they are going to do the right thing, but after the next election, maybe in a few years, or maybe if they get re-elected. Maybe. All the while, these young people are left in limbo.

I am also fortunate to have learned from elders. They are elders who fought as part of the Manitoba Indian Brotherhood, fought against the white paper, and fought against the control that the federal government had on their education. They fought back, and they fought for first nations control of first nations education. Many of these elders are not with us today, owing to the challenging life situations in our communities and the shorter life spans that first nations people have. However, in my conversations with them and in my journey to Parliament, they taught me a very clear lesson, that first nations control over first nations education is fundamental to the success of the education system. It is fundamental to the success of first nations youth as they go forward. This is because first nations know what their nations need.

We know about education in first nations language; youth who learn their first nations language succeed at great rates. We know that when they have the resources in their schools to learn their mother tongue, the historic language of their people, they will have opportunities that other youth do not have. We know that when first nations have control over the kind of curriculum, priorities, and lessons that are shared with their youth, their students succeed.

I think of first nations like Roseau River, Peguis, Fisher River, and others that have had very successful models when it comes to education. It is not because the Minister of Aboriginal Affairs and Northern Development told them how to do it. In fact, it is the absolute opposite. It is these first nations that have stood up and sometimes, with the few resources they have, pulled together extraordinary people. They have supported the education of their youth, who have gone on to become experts and specialists in education and have come back to their communities and invested in the resource that is most important to them: their youth.

One would think that, in seeing the successes and knowing the way graduation rates in first nations increase when there is proper funding and proper support, when there is a focus on first nations language, the Department of Aboriginal and Northern Affairs would celebrate, that it would say that first nations control over first nations education is critical.

Consulting with first nations on further steps, on a first nations education program, is not only critical but first nations need to be leading that direction. Instead, what we have is a slap in the face from the federal government, which has a fiduciary obligation to first nations that makes it very clear that it does not matter what success these students have, it does not matter what success these leaders have had in fighting for education in their communities, with its response to promise action and change and to do that with a father-knows-best mentality, that what it knows best is what is going to go.

Some years ago I had the honour of sitting with leaders and grassroots people in Thompson at the office of the Manitoba Keewatinowi Okimakanak, where we saw live the apology the Prime Minister made to first nations people about the tragedy of the residential school system. I remember it moved all of us. I am proud that our leader Jack Layton was integral in that important historic day. There were tears. There was sobbing. There were people who were very emotional about that apology, people who had been very clear about the abuse, the oppression, and the racism they had faced. However, there was also an overwhelming sense of hope, hope that things can change, that a new spirit of reconciliation was guiding our country.

Over the last six or seven years, I cannot say how many people I have met across northern Manitoba, how many first nations people, who have said obviously that apology meant nothing to the Prime Minister. People took the time to believe and to enter into that spirit of reconciliation. Unfortunately, through the actions of Prime Minister, not just in looking at Bill C-33 but also Bills S-2, S-6 and S-8, as well as omnibus bills like Bills C-45 and C-38, we can look at the long list of legislative actions that the government has taken that fly in the face of that apology, of that spirit of reconciliation, of that commitment that the relationship with first nations would be different.

At the end of the day, is there anything more important than investing in the future of our young people? In the one area of education, the federal government had the chance to change course and maybe remember the statement that the Prime Minister had made in terms of that apology and act in the spirit of that apology. Instead, he and his government have chosen to take a very different approach, an approach that is clearly not only supported by first nations but is extremely deeply problematic in terms of the future of first nations education in our country.

In closing, I am proud to stand with first nations in Manitoba who oppose the first nations education act and who are very clear in demanding far better from the government, from Canada, and from the crown when it comes to the future of education for first nations.

First Nations Control of First Nations Education ActGovernment Orders

May 1st, 2014 / 1:15 p.m.

Chilliwack—Fraser Canyon B.C.

Conservative

Mark Strahl ConservativeParliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development

Mr. Speaker, unfortunately that speech was once again a great example that the NDP is prepared to put politics ahead of the interests of first nations students.

It is clear as well that the member has not read the bill. She spoke about the protection of treaty rights. Clause 4 states:

For greater certainty, nothing in this Act is to be construed so as to abrogate or derogate from the protection provided for existing Aboriginal or treaty rights of the Aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35....

She talked about funding. Section 43(2) says that funding shall be such that it is of a quality reasonable and comparable to that of similar services offered in a similarly sized public school that is regulated under provincial legislation located in an analogous region.

If she did not want to read the bill, I hope she would have read the analysis from the Assembly of First Nations, which states:

Bill C-33 is a constructive and necessary step supportive of the goals expressed by First Nations for control, respect for Treaty and Aboriginal rights, recognition of language and culture and a clear statutory guarantee for fair funding.

That is funding of $1.9 billion that the member voted against in the last budget. Therefore, I would like to ask her this. Why is she siding with Derek Nepinak, who wants to bring the Canadian economy to its knees, instead of siding with the students who have been calling for this type of legislation? Everything that she raised is in the legislation. Why will she not support it?

First Nations Control of First Nations Education ActGovernment Orders

May 1st, 2014 / 1:15 p.m.

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I stand with first nations in northern Manitoba, across the Churchill constituency. I have heard from first nations youth, first nations students, and first nations leaders over the last number of days, who were unequivocal in their opposition to the first nations education act. I take very seriously the opposition they are bringing forward and the very clear statement that the federal government, despite its fiduciary obligation, has not consulted with first nations, and that treaty rights and inherent rights are not respected in the approach that the current federal government has taken when it comes to first nations education.

I am not willing to play partisan games on something as important as first nations education. I would ask that the current government go and fix the school in Little Grand Rapids or the school in Garden Hill or in Red Sucker Lake, or the long list of schools in first nations across Manitoba, and then we will talk about who is committed to first nations youth.

First Nations Control of First Nations Education ActGovernment Orders

May 1st, 2014 / 1:15 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would like to focus some attention on the important people we enable to make education of our first nations a reality. I reflect back on a wonderful high school located in Winnipeg's north end. I am sure my colleague will know the high school, and that is the Children of the Earth High School, located on Salter Street just north of the CP tracks.

This is a high school for first nations, primarily where we had organizations like the Thunder Eagle Society, Urban Aboriginal Education Advisory Committee, and many different leaders from within the community who recognized the importance of having some form of aboriginality in the education system. We can see that there today. There is a great sense of pride. The reason I say that is that if we look at the budget of that particular school administration, we will find it is supported well in terms of public finances. I say that because it is important that we recognize that another important component of this bill is that we need to provide financing to ensure quality education. The member might want to comment on the importance of the financing of public education.

First Nations Control of First Nations Education ActGovernment Orders

May 1st, 2014 / 1:20 p.m.

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I thank my colleague for raising the example of the school in Winnipeg; the Children of the Earth High School has been very successful. There are numerous examples of indigenous people leading the development of curriculum and programming across our country. Of course, on reserve the situation is very different because of the unequal funding that first nations have to deal with.

It is appalling that first nations youth, per capita, receive either half or maybe two-thirds of the same funding that off-reserve youth have to get an education. First nations youth who live in Nelson House, an hour away from Thompson my home community, receive about two-thirds the amount of money to get the same education that kids one hour down the road receive to get that same education. We know that the results show that first nations do not have the same supports, that they drop out of school earlier, that they do not succeed the way other youth do. It has everything to do with the systemic underfunding that the current federal government and previous federal governments have imposed on first nations.

I reiterate, if the current government really cares about first nations youth, it could start right now by fixing the schools that are falling apart, and by investing in every first nations youth the way any Canadian would expect.

First Nations Control of First Nations Education ActGovernment Orders

May 1st, 2014 / 1:20 p.m.

NDP

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

Mr. Speaker, I would like to thank my colleague from Churchill for her excellent speech and her excellent understanding of the situation we are dealing with today. Beyond the issue of the importance of first nations education, everyone agrees on the importance of children and youth in aboriginal communities.

It is troubling that, in this debate, members are accusing those who oppose this bill—as the parliamentary secretary did just a moment ago—of conspiring to bring the Canadian economy to its knees. That is completely false.

For example, the Assembly of First Nations of Quebec and Labrador has taken this government to court because it was not consulted about this bill. It is a constitutional obligation to consult with and accommodate the first nations, yet this was not done for the Assembly of First Nations of Quebec and Labrador.

One of the basic rights in this country is the right to initiate court proceedings. However, the Conservatives are trying to intimidate us and prevent us from doing so. Does my colleague agree with me on that?

First Nations Control of First Nations Education ActGovernment Orders

May 1st, 2014 / 1:20 p.m.

NDP

Niki Ashton NDP Churchill, MB

Mr. Speaker, I absolutely agree, and I thank my colleague, the member for Abitibi—Baie-James—Nunavik—Eeyou, who is a true leader in the fight for aboriginal rights across the country.

I want to echo his message that we will not be intimidated by threats or accusations by anyone in this House or outside. Our words will not be twisted to mean something they do not mean.

We are here as New Democrats to put forward the concerns we have heard from first nations, whether from Quebec or Labrador, Manitoba or Saskatchewan, or wherever, when they are saying they were not consulted, and that is not okay. In large part, because of that, they are opposed to the first nations education act.

It is called “democracy”. We are here to raise our voices to convey that message. If the federal government chooses to use threats and accusations and change the rhetoric, Canadians will judge for themselves. First nations and all Canadians deserve better than the kind of attitude we are seeing from the current federal government.