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

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

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

One person cannot be responsible for or represent the opinions of an entire people. The stakeholders who have come to meet with us so far have told a different story. It is up to Mr. Atleo to address that.

However, the lack of support is noticeable across the country, and the chiefs who came on behalf of the AFNQL two or three days ago said that they will oppose this bill as it stands, as it has been drafted and introduced in the House.

That is what we are going to have to contend with.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I previously have had the opportunity to express a concern related to the financing of education. It is an important issue for us. I was formerly an education critic in the Province of Manitoba where we dealt with the importance of providing a curriculum. It is so critically important that along with that we have to provide the funding that is necessary to implement the curriculum. There is no doubt a great deal of concern about how much money is going toward the actual education of the students. This is of critical importance.

Even though the legislation refers to education, there does not seem to be any sort of commitment going to that direct link to education dollars for the students. Would the member care to comment on the importance of that aspect of education in general?

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

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

At times, funding is the best way to address a desperate situation. In this case, it has been clearly demonstrated that underfunding is the cause of education problems in these communities, particularly the ones that are remote and that have to deal with somewhat challenging conditions and the added challenge of recruiting qualified teachers and stakeholders.

When I went to Pakuashipi, I realized that they are in desperate need of a visit from a psychiatrist, someone who can talk with the youth about fetal alcohol syndrome and many other things. However, that would require massive funding. Those are excess costs that schools in downtown Montreal, for example, would not have to deal with, but that would be shouldered by stakeholders and local institutions.

Sometimes, it is easy to solve the puzzle. Funding levels should reflect the funding provided for all Canadian students. Students across the country should all have matching funding.

[Mathieu Ravignat, NDP, Pontiac, QC]

Mr. Speaker, my hon. colleague is doing a great job as the deputy critic for aboriginal affairs. I know so, because there are two Algonquin communities in my riding.

Those communities told me that they were scared of this bill. They are afraid that the bill will affect the control they have and they will not be able to meet the real educational needs of their people. This bill will create a lot of red tape at the Department of Aboriginal Affairs and Northern Development instead of actually helping the communities.

Does my hon. colleague agree with those communities? It is unfortunate that the government is just doing this without really caring about the actual needs of those communities.

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

Mr. Speaker, I thank my colleague for his question.

I met with Chief Whiteduck from his riding just a couple of days ago. Chief Whiteduck holds a PhD in education. He is therefore well equipped to determine not only the relevance of the funding but also the relevance of the upgrading and the implementation of culturally appropriate programs in his own community.

This government interference and the idea of going back to a government agency that would supervise the schools and the quality of education could be counterproductive and raise hackles under the circumstances. That is the reason for this opposition and the assertive action that will be brought forward, and rightly so, based on my own experience.

[Carol Hughes, NDP, Algoma—Manitoulin—Kapuskasing, ON]

Mr. Speaker, I would like to say a few words about what the government said.

The government said that the National Chief of the Assembly of First Nations agreed. However, the national chief also said that it was up to the first nations to decide whether or not it was a good bill. We are hearing more and more that it is not what first nations want. Patrick Madahbee, Grand Council Chief of the Union of Ontario Indians said:

“They just don’t get it, either that or they’re hell bent on legislating First Nations to death”.

In fact, Bill C-33 reminds a lot of people of the Safe Drinking Water for First Nations Act. Again, the government is putting in legislation that impacts first nations without providing money. With this first nation, we see that the government wants to provide money, but it is way later on when it is convenient for it, when it is election time.

Maybe my colleague can comment on what the impact of this education act will be on first nations, and how many more first nations are coming forward saying they do not see this as a bill but a way of putting another Indian agent in place through the legislation.

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

Mr. Speaker, I thank my colleague for her question.

I believe that she provided two options. Under the circumstances, I think it is the second option. What I would say is that the government should have done it the other way, that is, it should have given the money first and then it should have looked at what to call it and how to frame all of this. At this time, the pressing needs concern the chronic underfunding that affects the quality of teaching, bearing in mind the additional challenges that the communities have to deal with. For example, they have to hire employees who often live in urban centres and have to move to isolated areas. These things have to be taken into consideration and are strong arguments for the massive injection of funds prior to the enactment of such measures.

In this case, they have done the opposite. The government has promised and announced funds for 2016, as though this government will still be in power in 2016. I submit this respectfully.

[Marc-André Morin, NDP, Laurentides—Labelle, QC]

Mr. Speaker, I have a quick question that my colleague will surely be able to answer. The history of relations between aboriginal peoples and the Canadian government is littered with promises that have generally not been kept. My colleague has worked very hard to get an education and to become a brilliant lawyer. I would like him to describe what it means for a young aboriginal person to hear that the problem could perhaps start being fixed in two years.

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

Mr. Speaker, I thank my colleague for his question.

I would say that this kind of message and reasoning was already at the forefront in my own community. Now that I am in Ottawa, I am in a position to pinpoint the types of things that are truly hindering the expansion, emancipation and self-determination of the peoples.

One of these things is that key players and first nations members are almost always left out of the process when these measures are introduced. There may be some Indians who come to testify in committee, but most often I would say that these measures are introduced and implemented behind closed doors. First nations members are rarely asked to participate. That is rather outrageous, but I am starting to get used it after three years.

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, I will be splitting my time today with the member for Miramichi.

I rise in the House today in support of Bill C-33, the first nations control of first nations education act. I am proud to be a part of a government that supports first nations education success. Our government is proud of the deeply collaborative approach that has been taken on this important file and we are seeing the results.

From the outset, our government committed to working with first nations to develop a first nations education act. Consultations and engagement with first nation parents, students, leaders and educators, as well as the provinces, were integral to the development and drafting of this proposed legislation. I would like to highlight some important milestones.

In 2011, the Government of Canada and the Assembly of First Nations jointly launched a national panel on first nation elementary and secondary education. Over the course of five months, the national panel held seven regional round tables and one national round table. Panel members visited 25 schools in 30 first nation communities across Canada, meeting with key individuals and organizations in each region.

In its final report, the national panel described education legislation as a fundamental part of an education system. In the words of the national panel:

—legislation...establishes and protects the rights of the child to a quality education, ensures predictable and sufficient funding, provides the framework for the implementation of education support structures and services, and sets out the roles, responsibilities and accountabilities of all partners in the system.

Following this report, our government made a commitment in economic action plan 2012 to put in place first nation education legislation and launched an intensive consultation process in December 2012. The consultation process consisted of two stages.

First, our government shared a discussion guide with all first nations across Canada. The discussion guide informed first nations of components which would be covered in proposed elementary and secondary education legislation for first nations on reserve. The guide was informed by years of studies, audits and reports, including the 2011 June Status Report of the Auditor General of Canada, the 2011 report by the Standing Senate Committee on Aboriginal Peoples, and the 2012 report of the national panel.

From January to May 2013, our government engaged first nation parents, youth, educators, provincial partners and others with an interest or expertise in education through regional consultation sessions across the country. As well, more than 30 video and teleconferences were held and opportunities included email submissions and an online survey to make available and provide additional input.

Areas of interest and concern raised throughout these consultation activities included first nations control over first nations education, funding, the transition to a legislated system, parental involvement in education, language and culture, and aboriginal treaty and treaty rights.

After considering the findings from the national panel and feedback received through the consultation process, our government developed an annotated outline of the proposed legislation. The blueprint was released in July 2013. It was shared with first nations chiefs and councils, organizations, provincial governments, and others with an expertise or interest in first nation education for feedback.

In October 2013, following additional feedback and comments in response to the blueprint, the government released “Working Together for First Nation Students: A Proposal for a Bill on First Nation Education”. In addition to posting this draft legislative proposal on the Aboriginal Affairs and Northern Development Canada website, our government shared the draft legislative proposal with more than 600 chiefs and band councils and every first nation community across the country, as well as provincial governments, for further input.

We have undertaken unprecedented and intensive consultations with first nations across this country, which have led to the exchange of open letters and dialogue between the Minister of Aboriginal Affairs and Northern Development and the National Chief of the Assembly of First Nations.

In November 2013, the Assembly of First Nations released an open letter to the Government of Canada asking for collaboration on five issues. These included first nation control and respecting inherent and treaty rights, a statutory guarantee for funding for education, support for first nation languages and cultures, jointly determined oversight that respects first nation rights and responsibilities, and, finally, an ongoing process of meaningful engagement.

In December 2013, my colleague the Minister of Aboriginal Affairs and Northern Development responded in an open letter with a commitment to address the issues raised.

Our government worked with the Assembly of First Nations to address its five conditions for success. As a result, in February 2014, Canada and the Assembly of First Nations announced the first nations control of first nations education act.

The bill includes important changes, such as the creation of a joint council of education professionals to provide advice and support to first nations and the Government of Canada on the implementation and oversight of the first nations control of first nations education act; first nations control in incorporating language and culture programming in education curricula, and providing funding for language and culture programming within the statutory funding stream; third, a commitment by the government to work in collaboration with first nations to develop the bill's regulations; and last, adequate, stable, predictable, and sustainable funding.

It was a historic moment for Canada-first nations relations, and we must not lose this momentum. These changes responded in full to the AFN's five conditions for success.

Our government has taken an open, transparent, and iterative approach to legislative development, including, as I have mentioned, the unusual step of the online release of draft legislation ahead of time.

We have listened and responded to concerns. Throughout the consultation process, our government provided updates to all first nation chiefs and councils on next steps in the development of a proposed approach to legislation.

As demonstrated by the name, first nations control is the central principle upon which this proposed legislation is based. It would recognize the ability and responsibility of first nations to educate their students. It would recognize the importance of treaty and aboriginal rights, which are protected by the Constitution. It would not apply to first nations that are part of an existing comprehensive or sectoral self-government agreement that covers education.

When our government announced our intention to introduce legislation, we made it clear that the partnership does not end with the introduction of the bill. Going forward, through the creation of, and the role of, the joint council of education professionals as proposed in Bill C-33, Canada and the Assembly of First Nations will continue to explore ways to further engage first nations as part of the commitment to respecting first nations control over first nations education.

It is in this vein that the minister is committed to negotiating a political protocol with the AFN on the role and membership of the joint council. First nations and all Canadians will have the opportunity to continue engaging during the parliamentary process.

In addition, when this bill receives royal assent, our government will work with first nations to ensure that there is a smooth transition for communities and first nations education organizations, and it has committed funding to do so.

Given the importance of this issue, these discussions have sometimes raised passionate and differing points of view. What we all agree on is that every child in this country has a right to quality education, no matter where they live in Canada. We can also agree that despite the best efforts of countless parents, teachers, and communities, too many first nation children are being left behind.

The historic way forward with the Assembly of First Nations is reflective of a constructive exchange and consultation process with first nations. I am proud of the deeply collaborative approach we have taken on this file. Working closely with first nations, we have reached a historic agreement on giving first nations control of first nations education, something that has been desperately needed for generations.

Bill C-33 represents an important step forward together. Our government will continue to focus our energies to work even harder now to ensure improved outcomes for first nation students on reserve.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I thank my colleague for his speech.

Why did the Conservative government not consult or collaborate with the real partners, meaning the communities, educators, teachers and people who work in the education system in these communities? Why did the government not work with them?

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, in fact we have worked in collaboration with so many stakeholders. Years of discussion, dialogue, and studies have illustrated the point that consultation is such a high priority for this government.

The government took into consideration the views and perspectives that were shared during this consultation with first nation educators, first nation leaders, parents, and teachers. There were meetings and online meetings. There was a sneak preview for everyone of the legislation online ahead of time. These are the kinds of things that teachers and other educators had many opportunities to respond to during the course of the consultation process, which lasted a number of years.

I am proud to say that the minister took the advice that was given to him and to the government as part of the consultation and incorporated it into the new bill.

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

Mr. Speaker, the first nations control of first nations education act is a constructive and necessary step toward a better future for first nation students across the country.

I am both shocked and saddened that the NDP would stand in the way of improving the lives of first nation students for purely partisan reasons.

The NDP is opposing legislation that, for the first time in our history, would give first nation students the right to a quality education. NDP members are choosing to stand with those calling to bring Canada's economy to its knees and opposing an unprecedented investment of $1.9 billion for first nations' education. I am disturbed that they would play politics on the backs of first nations children.

Can the hon. member please elaborate on the benefits that would flow to first nation students across Canada?

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, I thank the member for Don Valley West for raising this important issue and allowing me to talk a little about the economic prosperity that I believe the bill would ultimately bring to this fast-growing segment of our population, first nation youth.

Frankly, it has been unfair to them that, through no fault of their own, they have not been able to share in the prosperity that other Canadian children have had as a result of a good education system. That is why we on this side of the House believe so strongly in this proposed legislation.

The goal is to improve educational outcomes with a view to improving the lives of children and their economic prospects. The bill would enable first nations to exercise control over their own education system.

There are other issues too that I did not have a chance to mention in my speech; for example, the funding formula. I was able to touch on it a little, but ultimately secure, stable funding would be provided. We are now replacing the 2% increase with a 4.5% escalator in funding. This would allow first nations to be assured for years to come that they will be able to fund a strong system for their children.

[Tilly O'Neill-Gordon, Conservative, Miramichi, NB]

Mr. Speaker, I am rising in the House today in support of Bill C-33, the first nations control of first nations education act. I welcome this opportunity to outline the advantages of Bill C-33 and the many benefits it would bring to the first nations and all Canadians.

The proposed legislation would provide flexibility for each first nation, while establishing legislation that sets out standards to encourage students' success. For the first time ever, every first nation youth would have a guaranteed access to the high quality education that all Canadian students enjoy.

I want to speak about the need to improve the quality of education for first nation students and why it is a shared priority for our government and first nations. First, I want to acknowledge the first nation communities across Canada that have demonstrated commitment to improving education for their youth. We have seen the success these approaches can deliver, and we hope that Bill C-33 can empower other first nation communities to achieve similar results.

While first nations have worked hard with our government, provincial governments, and other partners to establish quality schools, the vast majority of first nation children do not have the same educational opportunity as other Canadian children do. Statistics show that this has a dire impact on their chances for success later in life.

There are numerous success stories, but we still have an urgent situation at the national level. According to the 2011 national household survey, only 38% of registered natives living on reserves, ages 18 to 24, had completed high school, compared to 87% of non-aboriginal Canadians. I am sure members will agree that this is a shocking and appalling number.

When we consider that aboriginal youth represent the fastest growing segment in the Canadian population, it becomes clear that steps must be taken to close this education gap. Currently, standards vary in on-reserve schools and, as a result, students have no guarantee of being able to transfer to a provincial system without academic penalty or to receive a diploma or certificate that is recognized by their university or employer of choice.

Recognizing that first nations are best placed to determine how to achieve the best results for their communities, the bill is informed by and built upon the fundamental principle of first nations control of first nations education. It gives first nations the same authority that is awarded to provincial school boards. The ability to set curriculum, hire and fire teachers, and set student and teacher evaluations are just a few examples that come to mind.

First nations would retain these authorities as long as they meet basic standards that are legislated in the act, and these would include requirements for teacher certification; requirements for minimum instruction days similar to provincial requirements; a recognized high school diploma; transferability between systems without penalty; and access to education for every first nation student.

These are basic requirements that every school off reserve must fulfill and are essential to ensuring a high quality of education. By setting standards, education legislation ensures that the features of a quality education system are there for our children every day.

In the rest of the country, legislation allows provinces to set standards for schools and school boards, like annual planning, health and safety, and requirements for daily operations. Legislation ensures that everyone involved knows their job and their responsibilities, from education directors and school principals to teachers and parent community committees.

Such legislation is in place in every province and territory in Canada except on first nation reserves. The proposed legislation would provide stable and predictable statutory funding consistent with provincial education funding models. This means the first nation would have the resources to determine the best means for educating its children, integrating language and culture, and developing policies and procedures for its school system.

Equally important is that first nations would be able to choose the governance model for their education system. First nations would get to decide whether they wanted to operate their own community school, whether they wanted to join a first nations education authority, or whether they wanted to participate in a provincial education system.

Supported by funding for governance and administration costs, first nations education authorities would be school-board-like organizations that would be run by first nations and would have the size and capacity to provide participating first nations with functions such as hiring teachers, setting policy, and purchasing supplies, as well as providing a wider range of support services for students. Whether first nations chose to enter into agreements with provinces or decided to form first nations education authorities, these organizations would provide support to schools to ensure they are meeting their requirements under the act and providing a quality education for students.

Let me emphasize again that the bill would establish first nations control over first nations education and would provide first nations with the flexibility to determine what is effective for their students' success. Parents, community members, and first nations leaders would be able to work with school administrators on the operations, planning, and reporting processes in their schools.

In addition to setting important standards, Bill C-33 would strengthen governance and accountability and provide mechanisms for stable, predictable, and sustainable funding.

We want to ensure that on-reserve schools provide the support services that are so important in achieving good educational outcomes and in ensuring that first nations children get the resources they need in order to succeed. We want all first nations students to have access to the quality and the quantity of the tools they need to learn: desks, textbooks, computers, sports equipment, and all the rest. We also want to ensure that first nations students are able to transfer seamlessly between schools on reserve and the provincial system if necessary.

First nations students and parents deserve to feel confident in their quality of education and confident that graduation comes with a recognized diploma or certificate so they are prepared to enter the labour force or continue their education.

We know that in order to provide the high quality of education that all other Canadian students enjoy, we need to ensure that first nations students are being taught by certified teachers and are spending a minimum number of days in class each year.

The proposed legislation would help turn the corner for first nations elementary and secondary education. That is why the historic announcement made in February by our Prime Minister with the Assembly of First Nations on first nations control over first nations education legislation included an unprecedented amount of money, $1.9 billion, to support it. When this bill passes, the funding would be guaranteed by law. It would also be subject to a 4.5% escalator, replacing the 2% funding cap that the Liberals put on first nations spending.

The proposed legislation and the new funding respond to the five conditions for success set out in a resolution by the Assembly of First Nations and endorsed by the Chiefs-in-Assembly in December 2013.

These are investments in the future of first nations children and in Canada's prosperity. Bill C-33 would establish first nations control over first nations education, with the flexibility for first nations to choose what works best in their communities. It is not about making all on-reserve schools the same; it is about making sure that every student has the same opportunity, no matter where he or she lives in Canada.