Mr. Speaker, I rise to address the House on second reading of Bill C-30, the Mi'kmaq education act. I will be asking hon. members to join me in supporting this proposed legislation which provides for the transfer of jurisdiction for education from Canada to nine Mi'kmaq first nations in Nova Scotia.
Bill C-30 is neither a lengthy nor a technical bill. It deals with a very specific issue for a distinct group of people. Yet, this is a truly historic piece of legislation that will stand as a milestone in the strengthening of aboriginal communities in Canada.
Why is this bill so important? It is for the simple reason that it represents the first time in our history that jurisdiction for education will be transferred from the federal government back to first nations where it belongs.
In one sense Bill C-30 is a step into the past because we are returning control of an important community activity to the local level, but it is also a step into the future in that it signals the beginning of a new relationship between governments and Nova Scotia first nations. We are hopeful it will lead to many more undertakings.
When this government unveiled its aboriginal action plan in January it made a clear commitment to strengthen aboriginal communities by investing in people. In my view the single most important investment we can make in a community is in the education of its youth.
For aboriginal people in particular education is an essential instrument for achieving self-sufficiency and solidifying Mi'kmaq identity. By providing the tools children and youth need in today's society education can help break aboriginal peoples' traditional reliance on governments and social assistance. Higher levels of education are critical if aboriginal people are to achieve self-government, take full advantage of land claims agreements, participate effectively in the new economy and live longer and healthier lives.
In short, education will open many doors of opportunity that have been closed to first nations people for far too long.
I know that the members of this House are in favour of providing aboriginal people with quality education. I am sure also that some of my distinguished colleagues will agree that decisions regarding the education of Mi'kmaq children and youth should not be made here, in Ottawa, but in the communities where these children live and go to school, communities like Eskasoni, Wagmatcook, Whycocomagh and Pictou Landing.
Thanks to this transfer of jurisdiction over education, the Mi'kmaqs of Nova Scotia will be able to preserve their past and participate in their future.
Bill C-30 will allow the nine participating first nations to determine their children's curriculum. They will be able to develop programs and courses in keeping with their own customs, traditions and culture, all in their own language.
This initiative will have a huge positive effect on the sense of identity in Mi'kmaq communities and on students' self-esteem.
This is not a new concept. It has long been recognized that there are tangible long term benefits to transferring education management to aboriginal communities. That is why, in the past 30 years, it has been a policy of successive governments to transfer educational responsibilities to the first nations.
Bill C-30 goes well beyond the mere transfer of responsibility over the program. This delegation of powers is based on the recognition of the inherent right to control education locally.
This initiative is fully consistent with this government's inherent-right policy and responds to a recommendation of the Royal Commission on Aboriginal People to give aboriginal people more power over education.
While not a self-government agreement per se, Bill C-30 will pave the way to self-government for these first nations.
The bill will also help meet the objectives stated in the document entitled Gathering Strength: Canada's Aboriginal Action Plan , which is the government's recent response to the royal commission.
One of these objectives is for the federal government to work with aboriginal people, the provinces and territories, as well as other partners, to develop practical, sustainable governance arrangements for aboriginal people that are built on legitimacy, authority and accountability. The bill is an important step toward this objective.
Bill C-30 provides the necessary legislative framework to implement the agreement to transfer the powers and duties related to education, which was signed in February 1997 by Canada, Nova Scotia and the leaders of the nine Mi'kmaq first nations.
Through this proposed legislation the government will delegate to the participating first nations the authority to pass laws for primary, elementary and secondary education on reserves for band members.
Bill C-30 also transfers jurisdiction for post-secondary student support funding for members of participating communities living on and off reserve. In accepting this jurisdiction the Mi'kmaq agree to provide equivalent education to non-members living on reserve. The level and the quality of education they provide must ensure that students can successfully transfer to any other education system in Canada.
In order to exercise education jurisdiction, each Mi'kmaq first nation will establish its own education authority. These authorities will adopt a constitution that clearly outlines their responsibilities, accountability and reporting structure, the process that will be used to pass laws, and a transparent appeals process.
Bill C-30 also provides for the establishment of the Mi'kmaw Kina'matnewey, a new corporation that will assist first nations in the exercise of their education jurisdiction.
The chiefs of the participating first nations will form the board of this new corporation, which will provide collective services such as curriculum development, culture and language initiatives, special education and post-secondary support services, and reporting functions. Like the education authorities, this corporation will be governed by a constitution that ensures a fair and open accountability regime and dispute resolution process.
The final agreement also provides for the transfer to the nine first nations of approximately $24 million per year. This funding will be used to operate and maintain education facilities and for related band administration and capital requirements. Funding levels will be reviewed after five years.
This funding will come from the Department of Indian Affairs and Northern Development's existing education budget. It is not new money, but money that has already been allocated on a per student basis to provide education services to these nine Mi'kmaq first nations.
I would be remiss today if I did not acknowledge the Government of Nova Scotia for its support of this transfer of education jurisdiction.
As hon. members know, education is primarily a provincial responsibility and the Government of Nova Scotia has a long and effective partnership with first nations in the province. In recognition of the aspirations and capabilities of the Mi'kmaq people, the provincial government has acknowledged Mi'kmaq jurisdiction for education on reserves. This will be affirmed through separate provincial legislation.
The participation and co-operation of the provincial government in this transfer process is indicative of the commitment that exists in Canada today to build new partnerships with aboriginal people. It is also further proof that the Canadian federation is flexible and can accommodate the interests and expectations of all people.
We are transferring jurisdiction over education to certain Mi'kmaq communities, because they want it, they need it and they deserve it. The transfer process began in 1991, when Mi'kmaq leaders made representations to the federal government to have greater control over education programs in their communities.
After several years of discussions and negotiations, we reached an agreement that satisfies everyone's needs. In January 1998, the nine participating first nations approved a resolution asking the federal and provincial governments to pass legislation to implement the agreement. Today, I am asking members of parliament to take that resolution into account.
I can assure them that Bill C-30 was drafted in close co-operation with Mi'kmaq leaders and provincial officials.
The views of individual band members were also taken into consideration, through a vast consultation process held in the communities, and a ratification process conducted by the first nations. We received letters of support from many non-aboriginal groups in Nova Scotia, including colleges and universities, school boards and the Diocese of Antigonish.
I should also point out that this legislation is not imposed on any first nation. The other four Mi'kmaq first nations will be able to benefit from the bill at a later date and any of the signatory first nations can opt in or out just by having their names added to or withdrawn from the Schedule to Bill C-30.
As I said earlier, the government hopes that this legislative measure will be the first of a number of similar agreements with first nations throughout the country. In fact, I can tell the House that similar negotiations are underway with several first nations in Ontario. Bill C-30 and the final agreement it will implement could be used as a model for future devolution of powers in the area of education.
Bill C-30 positively recognizes the capability of the first nations to take control over their lives and their future. It will give control over the Mi'kmaq education system back to the native people, at the local level, back to the parents and officials who take care of the Mi'kmaq children.
This is certainly an initiative that members from both sides of the House can support and I would ask them to quickly pass this bill, so that we can implement the final agreement in spring, in time for the 1998-99 school year.