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

[Chris Warkentin, Conservative, Peace River, AB]

Mr. Speaker, it is a privilege to stand in support of the first nations control of first nations education act. I am proud to stand in support of my colleague, the Minister of Aboriginal Affairs and Northern Development. I am sharing my time with the member for Desnethé—Missinippi—Churchill River.

The overriding goal of the first nations control of first nations education act is better outcomes for first nations students. First nations and our government agree that this goal is best achieved through first nations control over the education that is provided within first nations.

The introduction of this bill marks a historic event. The proposed legislation recognizes first nations control over first nations education as an essential to better outcomes for first nations children and for youth.

While the act sets out standards that would have to be met, first nations would have the authority to determine how best to meet these standards. For the first time, elementary and secondary first nations students on reserve would be guaranteed access to quality education, supported by a statutory guarantee for the funding that is required for that education.

I would like now to focus on the funding associated with this act.

To date, first nations youth have not achieved the same educational outcomes as other Canadians. According to the 2011 national household survey, only 38% of registered Indians aged 18 to 24 who were living on reserve had completed high school, compared to 87% of non-aboriginal Canadians.

Too many first nations students do not have the benefit of an education system that ensures they can graduate and become active participants in all the economic opportunities that exist in our country. Helping first nation youth to succeed in school and graduate is critical to increasing their participation in Canada's economy. Their talents and their ambitions should be part of the solution to Canada's looming labour shortage.

I was honoured to join the Prime Minister in February when he announced the funding of $1.9 billion to support major reforms of the elementary and secondary education schools through the first nations control of first nations education act. In addition to the current funding levels, this new funding would provide a better system and it would be provided through a streamlined approach.

We propose to consolidate existing and new sources of education funding into three funding streams: a core operating transfer that would have a reasonable rate of growth and would be able to provide statutory payments for this educational funding, transition funding to support implementation of a new legislative framework, and funding for long-term investments in on-reserve school infrastructure, specifically for new schools and for renovations of existing schools.

Our government has committed $1.25 billion in core operating transfers over three years, beginning in 2016, which includes funding for language and cultural programming, increasing annually on a 4.5% escalator and on a statutory basis. This funding is in addition to the current expenditure levels and would support first nations in providing their children access to an on-reserve education system comparable to that provided for children in the provincial system.

Statutory funding would be allocated to first nations based on their chosen governance model under the first nations control of first nations education act. Those governance models include community-operated schools, a first nation education authority, or a provincial school board.

Allocations to recipients will be largely formula-driven, supporting both the on-reserve school system and tuition arrangements with school boards or provinces where first nations students are attending provincial schools.

Core funding amounts may only be spent on educational services, such as paying principals, teachers, and other staff; classroom and school supplies; operating and maintaining schools; guidance and counselling; busing and other services to students; and paying tuition fees for students going to provincial schools.

First nations have long called for control over first nations education and for the inclusion of language and culture as essential to education for first nation students. Statutory funding for first nations that includes funding for language and cultural programming into the educational curriculum responds to this call. The bill would allow first nations to develop or build on the programming for their language and cultural priorities. This includes curriculum development, teaching tools, and program design and activities to integrate language and culture into the teaching environment.

At the same time, first nations will have the responsibility for meeting minimum standards set out in legislation and regulation.

The second stream, known as the enhanced education fund, would provide of $160 million over four years, starting in 2015-16. This targeted funding will support transition to the new legislative framework and encourage innovation.

The education enhancement fund would provide funding to first nations to establish the new educational authorities, develop service agreements, support early adopters of this act, and strengthen the partnerships that they may develop.

Our government will work with first nations to ensure that there is a smooth transition for communities and educational organizations as we move forward on this education system.

The third stream, the new education infrastructure fund, would provide funding of $500 million over seven years, starting in 2015-16, to build and renovate schools. This multi-year education fund would provide dedicated funding that is focused on improving on-reserve education facilities through construction and renovation of schools and on gaining efficiencies in the way they are designed, procured, financed, and constructed.

It is also important to understand the timelines over which funding will flow. When Bill C-33 receives royal assent, there will be a great deal of work required over the next three years to put into place the regulations to fully implement the new system. We will have to work together to make this happen.

On top of the annual funding for services and infrastructure, budgets 2008, 2010, and 2012 included additional investments in education, yet the significant gaps in education outcomes remain between first nations students and the population of Canada as a whole.

Reports by the Senate, the Auditor General, and the national panel on first nation education all came up with the same conclusion. All recommended structural reform and sustainable funding.

As the government has committed to in economic action plan 2014, stable, predictable, and sustainable funding is essential to achieving the reforms that are needed so that many more first nations children can succeed and thrive in school.

Unfortunately, it seems the NDP is putting its partisan interests before those of the kids I hear from and the parents who call my office, concerned with regard to the challenges their children are facing. The members who are opposing this legislation seem to be willing to delay the important actions that need to be undertaken. Time and time again, the NDP has failed, I believe, first nations children because of the delays it has been willing to be part of.

While money is critical, it is also clear that the problems in first nations education cannot be solved with money alone. By putting education systems in place, first nations schools will be able to improve access to services and develop efficiencies in the delivery that education.

A significant challenge facing first nation education is that many schools on reserve are unable to benefit from the economies of scale that provincial schools can achieve through provincial education systems. One of the ways that this new funding is intended to address these challenges is by providing the option to first nations to aggregate into first nation educational authorities similar to those found in the provincial systems.

First nation students want and deserve a chance to have a quality education that will provide them with the building blocks to succeed in their lives. They must not wait any longer.

[Carolyn Bennett, Liberal, St. Paul's, ON]

Mr. Speaker, I thank the member not only for his remarks but also for the great job he does as the chair of the aboriginal affairs committee.

I have had some urgent questions put to me and I hope that the member will be able to help me with clause 3, where the wording says, “to administer schools situated on their reserves”.

There are first nations schools, particularly in northwestern Ontario, that would not be covered by this act. They include the Dennis Franklin Cromarty High School in Thunder Bay, the Matawa Learning Centre in Thunder Bay, Pelican Falls First Nations High School in Sioux Lookout, Wahsa Distance Education Centre in Sioux Lookout, Bimose Community High School in Kenora, and the Keewaytinook Internet High School in Red Lake.

I want to know if we can get assurance that those schools will continue to receive funding after this bill is passed.

[Chris Warkentin, Conservative, Peace River, AB]

Mr. Speaker, I recognize and thank the member for her question, as well as for her work and her commitment to this file. This is exactly the type of thing that our committee needs to look at.

It is my understanding that the intent would be that those schools would be under the control of first nations. That is why if there are wording or text challenges, we must resolve them. Those are things that need to be investigated within committee, and I am certain that with the co-operation of the opposition, we can get it to committee expeditiously and make those corrections if necessary.

[James Bezan, Conservative, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, I want to thank my colleague from Alberta for his presentation and for the great work he does on the Standing Committee on Aboriginal and Northern Affairs.

In my riding, when I meet with chiefs, councils, community leaders, and elders, they always tell me that they believe the key to success in the future of their communities is the education of their youth. Making sure they have strong, well-funded schools with good curricula is going to be paramount, along with the support they require to ensure they have education programs in place and the ability to have them consistently across the country, not just in their own communities and provinces but across the country.

Could the member to talk about that some more, and talk about how it affects first nations communities in his riding?

[Chris Warkentin, Conservative, Peace River, AB]

Mr. Speaker, I thank the member from Manitoba for his intervention and for his support for improving educational outcomes for first nations people across this country. His concerns are reflected in the concerns that I hear from parents of first nations students in my riding.

The priority for parents who have kids in first nations schools is that the quality of education be equivalent to that in provincial schools. They want to be assured that if kids move from grade 1 or grade 2 in a reserve school to a provincial school and then, some time later, move back to the reserve school, the kids will see a reflection of the same type of curriculum, the same standards. They want to be assured that the teachers are qualified to be teaching, that there is a standard of curriculum equivalent to the provincial system, and that they have the resources to ensure those things can actually be implemented and maintained.

It is important that those things happen. Those things do not just naturally happen through simply shoveling money at the issue. It is absolutely essential that there be funding to ensure that those things happen, but it is an absolute necessity to ensure that the framework exists to channel those funds toward resolving the concerns felt by first nations parents and leaders within our communities.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, thank you for this chance to highlight one of the most important aspects of this legislation and what for me, as a first nation parliamentarian, is perhaps the most important. As a Cree, my home reserve is Muskeg Lake Cree Nation in Saskatchewan. I would like to highlight the linguistic and cultural provisions included in this long-awaited, historic piece of legislation.

One of the strongest messages we heard during the extensive consultations held on Bill C-33 is that first nation language and culture instruction must be at the heart of any reforms to first nations education. Going back to first nations discussions on education in the 1970s, language and culture were identified as necessary for a first nations controlled education system. The 1972 policy paper of the National Indian Brotherhood, the forerunner of the Assembly of First Nations, called for the inclusion of first nations language and culture in provincial and territorial schools.

The Assembly of First Nations' 2010 policy paper, “First Nations Control of First Nations Education: It's Our Vision, It's Our Time” reaffirmed the importance of language immersion.

The 2010 report of the Standing Senate Committee on Aboriginal Peoples, “The Journey Ahead: Report on Progress Since the Government of Canada's Apology to Former Students of Indian Residential Schools” stated that: “Measures to support Aboriginal languages and culturally appropriate educational systems will allow Aboriginal youth to develop the skills and perspective necessary to succeed through greater knowledge and appreciation of their history and their identity”.

Most recently, language and culture was identified as one of the five key conditions by the Assembly of First Nations during discussions on education at the Special Chiefs Assembly in December 2013 and in the open letter sent by National Chief Shawn Atleo to the minister.

There is solid evidence on the importance of promoting the inclusion of language and culture in first nation schools. Research demonstrates a relationship between language and cultural knowledge and positive outcomes in academic achievement. One study on the effect of providing supplementary funding for the language development of students found that reading skills improved substantially in school districts that took up these funds. Examples of first nations schools where language and culture have been integrated into the school curriculum across Canada demonstrate considerable improvement in student achievement. Educational outcomes from bilingual or immersion programs in first nations schools, such as the one at Kahnawake, are strong.

Our government recognizes the advantages that such an education offers first nation students. That is why several federal departments with responsibility for aboriginal issues already provide opportunities to develop language and cultural programming for children, youth, and communities. These are based on the communities' determination of what plans and initiatives may best help improve local education outcomes.

The new structures and standards being established under the first nations control of first nations education act would build on these successes. The bill goes further, strengthening support for language and culture in first nations schools and providing a statutory commitment for funding of language and culture programs. Meeting the conditions set out by the Assembly of First Nations, the bill stipulates that all schools must offer English or French as the language of instruction in order to ensure recognition of certifications and diplomas and transferability of students without academic penalty. This ensures the full participation of first nations youth in post-secondary institutions and trade schools and full participation in the Canadian economy.

Despite this, the bill gives first nations the authority to incorporate first nations language and culture into their education programs. In fact, Bill C-33 specifies that the funding methodology to be outlined in regulations must include support for the provision of first nation language and culture programming. This represents how far we have come from the days of residential schools, which my grandparents attended. I am proud to be a member of the government that finally apologized to the survivors.

I am also proud that this bill incorporates the provisions of my private member's bill, Bill C-428, by stripping the Indian Act of the provisions concerning residential schools.

Bill C-33 specifically provides that first nation students, parents, families, communities, schools, teachers, and administrators have a strong voice in the development of the language and culture curriculum. They and first nation governments, the joint council of education professionals, and first nation education organizations would all have roles and responsibilities in implementing the act. That is a key point.

Our government is committed to working with first nations through joint council education professionals to develop regulations in a manner that would allow regional and local flexibility. In fact, we have extended an invitation to the AFN to work on political protocols to establish how the joint council would work with first nations to develop the act's regulations.

First nations will decide how to best integrate language and culture programming in their curricula. Bill C-33 aims to make first nation students' right to education meaningful and to afford them the opportunities that all students in Canada have.

It is important to understand that first nations will have three governance models to choose from, offering them maximum flexibility in deciding how to best address language and culture issues.

It is also essential to recognize that the bill is not a substitute for treaty implementation or self-government but rather is a bridge to support first nations in establishing their own education systems based on histories and backgrounds. In fact, there are numerous examples of highly successful education models already in place across the country operating under these types of agreements, including the Mi'kmaw Kina'matnewey in Nova Scotia.

I also want to clarify that once self-government arrangements are concluded, those first nations would be exempt from the first nations control of first nations education act.

I am convinced that Bill C-33 would help to motivate first nations youth to stay in school and graduate with the skills they need to succeed in today's economy. This will improve their lifelong prospects so that they will enjoy the same opportunities as other Canadians, and as I have received.

I am convinced that all first nations, all Canadians, and all parliamentarians share this goal. Therefore, I urge all parties to support us in advancing Bill C-33 to see this promise realized.

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, I would like to thank my colleague for his speech.

I believe the minister also stated again today that this bill is the result of a consultation process. On April 11, the Assembly of First Nations of Quebec and Labrador issued a press release. I would like to quote from it.

...all our teachers and all our specialists have been engaged for decades to ensure our young people get quality educational services to which they are entitled, and that the federal Government refuses to provide them. We have proposed repeatedly concrete solutions that the federal Government systematically refuses to listen too.

Is the member denying that the Assembly of First Nations of Quebec and Labrador was not consulted while this bill was being drafted? If he is admitting that the assembly was not consulted, why not?

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, one thing I want to make very clear is that everyone had the opportunity to provide their input and feedback in the drafting of this legislation.

There are 600 first nations across Canada, and not every one of them will agree on the process. We are going to have the naysayers and those who are in favour of the bill. The unfortunate part, which we hear today, is that the naysayers get more recognition than those who are positive toward the proposed legislation.

The introduction of the first nations control of first nations education act gives first nations input into meaningful drafted legislation. The act follows years of discussions, dialogue, and studies reflecting the efforts of many first nations and governments to arrive at this point.

All first nations were presented with numerous means of engaging in the consultation process and were offered multiple opportunities to be part of that dialogue and a process leading to this legislation. Consultations were held in 2011. The Government of Canada and the Assembly of First Nations launched a national panel from coast to coast to coast asking for input on this legislation.

When we have opposition members over there with the paternalistic approach that they know best, I find it very offensive to first nations. It is degrading and mocking. When are they going to wake up?

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I am interested in hearing from the member his thoughts regarding financial compensation. Financial resources for education are absolutely critical. We need to get some indication from the government as to its financial commitment.

We recognize that education often equates to opportunities. If we do not develop the educational system or support it financially, what we are really doing is selling our children short in terms of their future opportunities.

First nation leaders across Canada are very much concerned about the importance of finances. The member is talking about education in the bill today. There is reference to a financial commitment within this legislation. I wonder if the member might want to focus on that component. How important is it that dollars follow along with the legislation?

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

Mr. Speaker, I would like to thank the member for his aboriginality on the question.

To go back to the funding mechanisms in place, the Government of Canada is currently providing for first nations education. There is almost $1.6 billion provided for K-12 education. That goes to 117,000 first nation students across the country. That is an average of over $13,000 per student.

It is unfortunate that at the administration levels, there is always an administrative fee at each level of government or bureaucracy at the AFN and FSIN level. We are not seeing the grassroots bands get their total funding.

What the government has done is provide monumental funding of almost $1.9 billion to go toward K-12 education, with an increase per year of 4.5% for inflation. The Conservative government is looking at the needs of first nations. It is making first nations accountable to their own education system. The government is setting up those mechanisms so that those first nations can succeed.

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

Mr. Speaker, I have tried to remain consistent since I started my term nearly three years ago to the day, so in today's debate I will focus on the bastions of identity associated with providing education services adapted to the realities of first nations youth.

The bastions of identity are a notion I have discussed in the past, and I think that this notion is crucial when it comes to the bill we are discussing today. When we talk about the emancipation and governance of first nations, the first bastion is education, since increased intelligence, economic development and the emancipation of peoples are closely related to it. It is very much a matter of identity. These are the concepts I will be talking about today.

I must stress how important it is to take a practical approach that is free of electioneering tactics. This outdated political approach is responsible for making the public disinterested in and distanced from the process of enacting public policy.

As for the bastions of identity, it is essential to get front-line players and members of first nations involved. That is one of the issues I mentioned yesterday when the bill was introduced.

When I made recommendations to my colleagues, I made sure that I encouraged my colleagues to keep a low profile during the big demonstrations that will be held in the coming months—that is a scoop—since in 2014, the Canadian public and all members of first nations are cynical when people use contentious issues and aboriginal identity issues to win votes and serve their own ends.

That is why we need to focus on the work on the ground. I invited my colleagues to start by visiting the communities in their own ridings and to do grassroots work, instead of trying to monopolize the microphone and cameras, as we have seen in the past. These kinds of methods were used by other parties and a political elite whose day has come and gone.

In 2014, the power needs to be given to members of first nations, since these issues are important to them now, and that is the problem with the bill.

I will talk more about that over the next few minutes, but first nations involvement in the drafting and implementation of this bill has been rather minimal. This needs to change in the future.

Based on those observations, the NDP would like to see an education system that is culturally relevant, that includes the people affected and that is effective for students, teachers and communities. This ideal will only be attained by taking an approach that places members of the community at the forefront. The Canadian government's role should be limited to co-operating fully with those who want a modern system to be created.

In that regard, the NDP would like to see education standards developed in partnership with first nations educators, and at their initiative, in order to achieve that goal. We recognize that standards are needed, but they cannot be imposed by Ottawa. Provincial standards may not suit the needs of first nations communities.

The first way to demonstrate the progressive nature of any proposed approach is to recognize the chronic underfunding of first nations education. That is precisely the problem. The government admitted this indirectly in recent months with the announcement of a massive infusion of money, which will begin in 2016 or 2017—basically, who knows when. The government announced considerable investments. This does constitute tacit recognition of the underfunding, which was always denied by previous successive governments.

The consent of first nations members must also be obtained before any new public policies are adopted that aim to control, manage or hem in first nations members.

I will continue my speech later.

[The Acting Speaker, Barry Devolin]

The time provided for government business has now expired. The hon. member for Manicouagan will have 15 minutes to conclude his speech after oral question period.

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.

[Jonathan Genest-Jourdain, NDP, Manicouagan, QC]

Mr. Speaker, let us resume where we left off a few minutes ago.

Following consideration of Bill C-33, as well as the study I did with my colleagues and the meeting that took place two days ago with representatives from APTN and the Assembly of First Nations, in the office of the Leader of the Opposition, I have been telling my colleagues that we need to stand back when first nations take assertive action. They want to be heard and they will very likely mobilize in the upcoming months because of this draft bill on first nations education. By that, I mean let us not try to score political points.

In my last few years in the House, all too often I have noticed that some politicians, regardless of their party affiliation, usually try to score political points at public gatherings. Given the identity issue that is primarily at stake in this bill, namely first nations education, we must act judiciously. That is why first nations must be front and centre and their assertive action, their own arguments and their own points must take precedence.

It is also important to recognize that education is chronically underfunded, which naturally affects the quality of education offered in remote first nations communities. Unlike what has been claimed, it is the chronic under-funding that has affected the delivery of education services in most of the remote regions. This contradicts the claims we have heard here and what the bill is trying to imply in a roundabout way, namely that the first nations are responsible for overseeing and maintaining the quality of education and that they should shoulder the blame for their lax approach to integrating and applying the recognized education principles.

Statistics and interventions show that the chronic underfunding has been primarily responsible for the adversity in these communities. My chief said that communities can receive up to 35% less funding than the rest of the Canadian public might receive.

Therefore, the first nations members, teachers, principals, and staff who are responsible for education have had to make do with less funding and under less-than-ideal conditions. The very fact that I am here today and that there has been an increase in the level of education in these communities is evidence of the resilience of first nations members.

The government must also try to get the consent and support of community members when it enacts public policy, which has not been done or has not been done often enough. With this bill and with many others, the Conservatives have shown a rather narrow view of the concept of consultation, research and consent. I have witnessed this in my few years in the House.

That is why members of first nations, who are the primary stakeholders, were only somewhat involved. In fact, their degree of involvement remains unclear to this day. The AFNQL told us that it had not been consulted, and the vast majority of first nations members said the same. That is deeply deplorable considering the nature of the issue, the education of first nations people, which is closely linked to their identity and will ultimately lead to self-determination, a basic principle of our justice system and our parliamentary system. Self-determination of peoples can be achieved only by emancipation through education. That is why primary stakeholders must be involved in the drafting and enactment of this particular kind of bill.

It is important to keep in mind that the honour of the crown and the responsibility of the state are inextricably linked to the enactment of public policies that affect matters relating to the quiddity of being Indian. Identity and quiddity are synonyms, but there are differences. The term “quiddity” is used primarily in a legal and “aboriginal law” context.

The education of first nations is also covered by the fiduciary responsibility that must be observed between the crown and first nations. That is my understanding, and I think that many jurists in the country would agree. As such, attempting to attribute all of the blame for the questionable outcomes of education in these communities to teachers and first nations is quite inappropriate.

Canada is currently in an uncomfortable international spotlight. UN representatives, auditors and rapporteurs have come here over the past two years because our reputation has gone beyond our borders.

Europeans, who know a thing or two about this, decided to come take a look at what is going on with respect to education, housing and food.

I met two of those rapporteurs, so I know that Canada's human rights reputation is suffering worldwide. That is the subject of another debate.

Education is covered by this fiduciary relationship. The honour of the crown and the Government of Canada are involved every time that appalling situations come to light. Just six days ago, I was in an Innu community in Pakuashipi where members mentioned that educational adaptation is necessary, given the distance, remoteness and cultural subtleties of aboriginal communities. Teachers had to adapt out of necessity. Sometimes, children are simply brought into the forest because it is nearby. It is culturally relevant and part of the nomadic cycle and life cycle of these communities. Therefore, adjustments need to be made.

The Government of Canada must consider these specific characteristics when it drafts bills like this. Moreover, when this kind of reform is put forward, stakeholders in the community must truly be involved. Otherwise, it remains an empty shell. In this case, I would go so far as to say that authoritarianism is at play here. I will come back to that later.

The substance of the bill submitted for our consideration today shows this desire to control and interfere that is oftentimes selective. The Conservative government is trying to intervene selectively in the things that might cast an unfavourable light on the situation internationally and on education. Given that the government was exposed, it is trying to intervene in a draconian way, just as it did in many other areas in recent years. I was able to gauge this desire to intervene. The Conservatives are cherry picking, meaning that they intervene in matters that expose them and that are somewhat comfortable to them.

Therefore, the legislative instrument submitted for the consideration of the House was to outline the obligations and responsibilities of the federal government in the provision of education services on reserves, rather than to exonerate the government of its obligations by transferring the horrible consequences of the chronic underfunding of educational institutions to the institutions' local administration.

The narrative presented so far by stakeholders, who are most often Conservative stakeholders, is that the communities and stakeholders are responsible for the quality of education, even though the chronic underfunding has now been calculated. Indeed, the chronic underfunding has been calculated at a rate of 35%. My boss, the Leader of the Opposition, announced that.

I would point out in passing that, under subsection 91(24) of the Constitution Act, the Government of Canada is responsible for Indians and lands reserved for Indians. That is the first building block in our institution.

The government must provide education from kindergarten to grade 12 on reserve, and it must provide measures for post-secondary education. This must involve financial investments wherever they are needed. So far, this dynamic has received the most exposure.

There was tacit recognition in rather oblique language when the Minister of Aboriginal Affairs and Northern Development announced recently, with a great deal of hype, that there would be a huge financial investment in either 2016 or 2017. Those funds are needed now, not in 2016, because there is a dire need.

Nevertheless, we must acknowledge that this is a step forward. There had been no such recognition up until now. The government therefore took a step forward and indicated that if $2.4 billion—if memory serves—needs to be invested in 2016, that means that this area is now drastically underfunded. Now the question is what other areas will it pilfer from to come up with that money, but that is not my problem.

The selective interventionism and punitive nature of the Conservative government's initiatives clearly illustrate the inadequacy of the “my way or the highway” approach to providing services to the public and meeting government obligations regarding basic rights. I am talking about the punitive nature and selective interventionism because I have seen them first-hand, since I travel around to communities that have asserted their rights and have taken a stand, and are now being punished for it.

This is punishment. The government is simply making cuts. The government finds that the number of students does not correspond to the list that dates back to who knows when, and for that reason it is cutting $460,000 from the budget. For a remote community, that is a lot of money. These are punitive measures. Make no mistake.

Now I will say a few words about the moves the Conservatives keep making to off-load their obligations and their responsibility for government inaction on education for first nations youth by shifting the blame onto local stakeholders who have to deal with difficult conditions and limited resources.

The current government is trying to off-load its obligations not only to Canada's aboriginal peoples, but also in terms of providing services. We saw that with Canada Post. It is trying to off-load its obligations. Service delivery is more or less favourable, more or less on this government's agenda. In any case, the government will have to change its position, what with the general election just around the corner. Soon we will likely see the government handing out goodies, if I may put it that way.

Let me read a subclause that was brought to my attention; it belongs to a different time. The last time I had to analyze a section of legislation that reads a contrario goes back at least 13 or 14 years, when I got into law school. That is certainly a different time, but here it is still: clause 41 of the bill before us today reads as follows:

41. (1) The director of education, the principal, the teachers and the other staff of a school must provide all reasonable assistance to enable the temporary administrator of the school to exercise their powers and perform their functions and must provide any information relevant to the administration of the school that the temporary administrator requires. They must also comply with any direction given by the temporary administrator relating to the administration of the school.

Subclause 2 is where the harm lies:

No proceedings lie against any person referred to in subsection (1) for having in good faith provided the temporary administrator with assistance or information or complied with their directions.

Strangely enough, the title of the subclause is “Immunity”. We know, of course, that the Conservatives often use a word to mean the opposite—they talk of transparency and the Fair Elections Act, even though there is actually nothing very fair about it—and this subclause is no exception. If you read it a contrario, it means that the director of education, the principal, the teachers, and the other staff members of a school can be sued if they do not provide the administrator with assistance in good faith.

It remains to be seen what good faith is and what level of co-operation is adequate in the eyes of the Conservatives and the minister. Ultimately, I very much doubt that the minister will be the one making the assessment. This kind of not-so-veiled threat is really disgraceful. Circumstances will make the Conservatives see that they are not the only ones able to make threats like that. They may have to put up with some heat this summer.

I submit this respectfully.

[Mark Strahl, Conservative, Parliamentary Secretary to the Minister of Aboriginal Affairs and Northern Development]

Mr. Speaker, I once again want to turn to an analysis that was provided of Bill C-33 by the Assembly of First Nations which said that not only did it show how Bill C-33 met the five conditions laid out in the open letter by Shawn Atleo and by the resolution from the Chiefs Assembly, but it also said that 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...

Shawn Atleo, the national chief, 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.

Of course that is in the legislation. Therefore, I want to know this from the hon. member who is a member of the aboriginal affairs committee. If the Assembly of First Nations seems to think this legislation is meeting the goals it has set out, why is the NDP playing politics and opposing it?