Bernard Valcourt

[First Nations Control of First Nations Education Act, May 1st, 2014]

Mr. Speaker, the reason is clear and obvious. Were it not for time allocation, first nations students on reserve would be deprived, as they have been for many decades, of enjoying the basic right to education.

The hon. member knows very well that if it were left to the opposition, the government would not pass any laws. All the benefits Canadians get from the legislative agenda of this government, such as over one million jobs created because of our good governance of the country, would not happen. All the good measures Canadians benefit from would not happen, because the mantra of members on the other side of the House is to oppose everything, and in this case, first nations students. It is urgent that the House adopt this to give those kids on reserve the right to education, which they plainly deserve.

[First Nations Control of First Nations Education Act, May 1st, 2014]

Mr. Speaker, the NDP is becoming an accomplice of a few people determined to bring Canada's economy to its knees and to prevent first nations students on reserve, for the first time ever in the history of this country, from enjoying the same statutory right to education as other Canadians have.

The position of the NDP was made clear yesterday. Those members will oppose the bill. If they have 10 or 15 more speakers who will say the same thing, we have heard it. We understand.

As for the Liberals, they have indicated that they are ready to work constructively. The constructive work can take place at the committee hearings of the standing committee to which the bill will be referred and where first nations will have the chance, just like other stakeholders and Canadians, to indicate their point of view on the bill, which will be transformational for first nations all across Canada.

[First Nations Control of First Nations Education Act, April 30th, 2014]

Mr. Speaker, that is a very good and pertinent question. Indeed, we had circulated a draft of what the bill could be, but after the first nations, through the Chiefs-in-Assembly, passed the resolution outlining those five conditions, we had to go back to the table and redo our work.

To ensure that the legislation addresses the issues raised by the Assembly of First Nations through the Chiefs-in-Assembly, the following changes are included in the bill.

First, there is the recognition of the ability and responsibility of first nations to manage their education system. That is now in the bill.

On the question of unilateral oversight of the federal government, the bill proposes the creation of a joint council of education professionals to provide advice and support to the Government of Canada and first nations on the implementation and oversight of the bill. Additionally, the mandate of the joint council would also be to review the act after five years.

In the bill is a commitment to legislate adequate, stable, predictable, and sustainable funding, taking into account the inclusion of language and culture. That is now in the bill, in section 43. There would also be support for the incorporation of language and culture into the curriculum. Again, that is clear in the bill. The bill says that the funding to be provided by the minister must include support for language and culture in the curriculum. That is in the bill.

Finally, the bill includes the collaborative development of the act's regulation. That would be done through the joint council and the first nations. As I indicated, I have offered the AFN the opportunity to conclude a political protocol whereby we can work out the details of how we could best create this joint council to ensure first nations have input in the development of the regulation.

[First Nations Control of First Nations Education Act, April 30th, 2014]

Mr. Speaker, the hon. member raises an important point. He will remember that throughout the debate and throughout the consultation process, we were hearing from first nations, from teachers, from parents, from stakeholders, and from members of academia. The Auditor General had been clear in her 2011 report that funding had to accompany reform.

We have always indicated as a government that investment would not replace reform, but that funding would accompany reform. That is exactly what we are doing here.

I want to point something out to the hon. member. He will remember that when the Chiefs-in-Assembly got together here in the capital region in December and outlined those five conditions necessary for success, they said that there had to be a statutory guarantee of funding. Bill C-33 indeed includes extensive and unprecedented statutory funding obligations on the part of the minister. In fact, subclauses 43(2) and 43(3) exceed the second condition set out by the AFN by not only setting a statutory guarantee of funding but by also taking the unprecedented step of legally requiring that federal funding be sufficient to support service delivery comparable to that offered in the provincial system.

That is important, because we wanted to make sure that the quality of education that a first nation student gets on reserve in any part of a province is no different from what the non-aboriginal gets in the same region. That guarantee is in the bill now.

[First Nations Control of First Nations Education Act, April 30th, 2014]

Mr. Speaker, the truth of the matter is that if people care to look at the bill before the House, Bill C-33, they will find it is clearly stated not only in the preamble but in section 4 that:

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 of the Constitution Act, 1982.

The question by the hon. member is about jurisdiction. There is a following section clearly stating that:

...a First Nation that has the power to make laws with respect to elementary and secondary education under an Act of Parliament or an agreement relating to self-government that is given effect by an Act of Parliament...

is not subjected to this act. Therefore, with regard to the power to make laws in regard to education, there is, as the member knows, another process allowing first nations to self-govern and to attain self-government, and that process remains.

In the meantime, if one cares to look at the bill, it will be seen as an important step allowing first nations to get to that level of self-government where they can then have full jurisdiction over education.

[First Nations Control of First Nations Education Act, April 30th, 2014]

moved 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.

Mr. Speaker, I am honoured to rise in the House today to open debate on Bill C-33, the First Nations Control of First Nations Education Act, and mark what I believe is a pivotal moment in ensuring the future success of first nations children and youth in Canada.

I firmly believe—and I am sure that all members in this House will agree—that every child in this country has a right to a quality education, regardless of where they live. Unfortunately, right now, this is simply not the case for first nations students living on reserve in Canada.

First nations youth represent the fastest growing segment of our population, yet the reality is that graduation rates continue to be significantly lower for first nations students on reserve, compared to other Canadians. It is 38% versus 87% in 2011.

In 2012, 72% of first nations members living off reserve who had completed a high school degree had a job, compared to 47% without a high school diploma. The unemployment rate for Canadians aged 25 to 29 without a high school diploma, the majority of which are first nations, is almost double that of high school graduates, at 16.4% compared to 8.8%.

It is clear, and our government firmly believes, that the current situation is neither acceptable nor sustainable. That is why we have made reforming first nations education a priority. We believe that the time to act is now.

Do not just take it from us. This is a goal we share with first nations parents, teachers, students and communities across the country who have been calling for years for greater control of first nations education. In fact, they have been calling for this for four decades now.

The National Indian Brotherhood, as it was then known, and now known as the Assembly of First Nations, released its landmark paper in 1972, entitled “Indian Control of Indian Education”. It has itself directly informed the development of this legislation. More recent, the call for first nations education legislation has been repeated in years of studies, audits and reports, including: the 2011 June Status Report of the Auditor General of Canada; the Standing Committee Aboriginal Peoples in the Senate 2011 report, entitled “From Crisis to Hope”; and the 2012 report of the National Panel on First Nation Elementary and Secondary Education for Students on Reserve, “Nurturing the Learning Spirit of First Nation Students”.

Each of these reports exposed the lack of a system for first nations K-12 education. Everywhere in our country, in every province and territory, there is education legislation in place to ensure that students have access to equal education, but this does not exist on first nations reserves.

Each of these reports recommended the development of a legislative framework supported by stable and predictable funding.

I am proud to stand before this House today to say that this proposed legislation, for the first time in our country’s history, will put in place a comprehensive education system for first nations elementary and secondary education on reserve.

I am pleased that, like us, the Assembly of First Nations has placed the needs of children first and confirmed that this bill is a constructive and necessary step forward. However, getting to this point was not an easy road.

Our government launched formal intensive consultations with first nations across the country in December 2012. That work was spearheaded by my colleague, who is now our whip.

The input received from the extensive and intensive consultations that were held with hundreds of first nations leaders, educators, and parents across the country guided the development of the draft legislative proposal that was shared last fall with first nations leaders and made public for further input from all interested parties. That document was a springboard for much more discussion and debate. We listened. In November 2013, the National Chief of the Assembly of First Nations sent me an open letter that identified, according to him, five conditions for success for education on reserve. These conditions were subsequently endorsed by consensus in a resolution by the Chiefs-in-Assembly at their December 2013 gathering here in Gatineau.

Specifically, the resolution directed the national chief, national executive of the first nations, and first nations to take all necessary steps to press Canada to respond to the conditions required to achieve success for first nations children, including respect and recognition of inherent rights and title, treaty rights, and first nations control of first nations jurisdiction. Second, it called for a statutory guarantee of funding. Third, the first nations education system would be enabled, supported, and funded to design and implement languages and cultures programming. Fourth, it called for mutual accountability, including recognition of the principle of first nations control and supports without unilateral federal oversight. Finally, it called for ongoing meaningful dialogue with first nations on education and co-development of regulations.

Following the special chiefs assembly, I responded with my own open letter where I reaffirmed our government's strong commitment to working with the Assembly of First Nations and first nations leaders to stand together to create a better education system for first nations students and address each of these five conditions in the legislation. That is exactly what we did.

The way forward was subsequently announced by the Prime Minister and the national chief this past February at Kainai High School in Standoff, Alberta and included an historic agreement to proceed with the final drafting and introduction of the first nations control of first nations education act that embodies the five conditions for success identified by the Assembly of First Nations.

In addition, the Prime Minister announced an unprecedented financial commitment of over $1.9 billion in new, incremental funding to support the legislation through three different streams.

One stream is core statutory funding, including funding for language and culture; the second stream is transition funding to support implementation of the new legislative framework; and the third stream is funding for long-term investment in on-reserve school infrastructure.

The first stream includes core funding in the amount of $1.252 billion over three years beginning in 2016-17 on top of the existing funding of approximately $1.55 billion and all of this with an annual escalator of 4.5%. This core funding mechanism would replace the current mix of seven different programs, each with their own reporting requirements, and will move to a single formula-based core fund providing first nations with access to the stable and predictable funding supports that they have been asking for. The 4.5% escalator is important because it replaces the much maligned 2% funding cap on education put in place by the former Liberal government under former finance minister Paul Martin in 1996.

The second stream, the education enhancement fund, would allow first nations to move quickly to become early adopters of the new system and structures set out in the bill. It would also promote partnerships, build capacity, and encourage innovation in education practices in the longer term. This fund would provide $160 million over four years beginning in 2015-16.

Finally, the third stream provides an additional $500 million for school infrastructure over seven years beginning in 2015-16 when budget 2012 investments end. This funding would support the construction of new schools and major innovations to existing schools and help gain efficiencies in the way projects are designed, procured, financed, and constructed.

On April 10, 2014, I was pleased to introduce this legislation in this House. I am proud to report that Bill C-33 not only responds to, but enshrines in law every single one of the five conditions for success that were endorsed by first nations at the special assembly.

First, at the heart of the legislation before us is the recognition that first nations are best placed to know what their children need, and it puts control of first nations education back in the hands of first nations leaders, parents and educators—where it rightfully belongs.

As the Prime Minister stated in February at Stand Off, the legislation will end Ottawa’s unilateral authority over first nations education, while requiring first nations communities and parents to assume responsibility and accountability for the education their children receive.

Specifically, Bill C-33 legally enables first nations control of first nations education in several specific ways. First nations will choose their governance system from a number of options to manage their own schools. First nations will develop their own curriculum. Ottawa will not impose any of the curriculum; first nations will develop it themselves.

First nations will choose how they will incorporate language and culture into their curriculum. They will choose their own education inspectors, control the hiring and firing of teachers and determine how their students will be assessed. First nations will determine how the school calendar will be structured to meet a set number of days. All of that is designed to give them control over their education.

I have heard criticism from certain people who allege that this bill would actually give the minister more power and more control over first nations education. That could not be further from the truth.

Bill C-33 gives the minister less power and it is less intrusive than comparable provincial legislation in the country. The bill simply demands that first nations schools meet five core standards, including access to education, minimum instruction days, the need for certified teachers, recognized degrees or diplomas, and the ability to transition with provincial systems.

These are the five core standards that the act requires be adhered to, but for all other aspects of education, they are free to design it the way they wish. All other standards will be defined by first nations. In fact, the legislation reduces the role of the minister in comparison to the current powers afforded to the minister.

That was to deal with the unilateral oversight of the federal government. The bill would also create a joint council of education professionals. The joint council would provide advice and support to the Government of Canada and to first nations on the implementation of the act. It would also serve as a strong mechanism for ensuring the accountability of the minister to first nations. The creation of this council, coupled with the legislated and funding supports for first nations education authorities, would dramatically reduce the involvement of the minister and the Department of Aboriginal Affairs and Northern Development in the administration of education on reserves.

It would also help develop regulations and be obliged by law to review the act in five years. In addition, as I outlined earlier, the proposed legislation would put in place the mechanism required to provide first nations with stable, predictable, and sustainable funding, which includes a statutory funding regime that accounts for language and culture programming.

In fact, clauses 43(2) and (3) exceed the second condition set out by the AFN chiefs by not only setting a statutory guarantee of funding but by taking the unprecedented step of legally requiring that federal funding be sufficient to support comparable service delivery to that offered in the provincial system. We go further than what was proposed as a condition for success.

As for language and culture programming, as I stated in my letter of April 15 to all first nations across the country, Bill C-33 ensures in law the incorporation of first nations language and culture programming in the education curriculum, including the option of immersion in a first nations language in a manner that ensures transferability of students between education systems and allows for students to obtain a recognized diploma.

Clearly, this is a giant step forward for first nations students, and follows years of dialogue and consultations with first nations all over the country and the Assembly of First Nations who identified the need for a better education system for first nations children.

Just last week, the Assembly of First Nations published an analysis of the bill that 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 the analysis and the result of the analysis of the Assembly of First Nations.

Let me be clear: the partnership does not end with introduction. As I made clear on April 10, I have extended an invitation to the AFN to work on a political protocol to establish exactly how the members of the joint council would be chosen with meaningful input from first nations and how the joint council would then work with first nations to develop the act's regulations.

Obviously, there is a great deal of work ahead to have regulations in place by the 2016-17 school year and for statutory funding to flow.

In order to do this, we all have to continue to work together.

In conclusion, I urge all members of the House to put partisan politics aside and do what is clearly in the best interests of first nations children and youth across Canada.

[Aboriginal Affairs, April 30th, 2014]

Mr. Speaker, I reiterate that the health and safety of all Canadians, including first nations, is a priority of the government.

The hon. member refers to flooding taking place, and as we speak, officials from my department, of the government in question at the provincial level, and first nations are working together to deal with the flooding situation.

Last November, we announced a new comprehensive single-window approach to emergencies, a financial arrangement that will ensure we can deal with mitigation.

[Ways and Means, April 9th, 2014]

moved:

That a ways and means motion to introduce an act to give effect to the Tla'amin Final Agreement and to make consequential amendments to other acts be concurred in.

(Motion agreed to)

[Aboriginal Affairs, March 31st, 2014]

Mr. Speaker, as I recently stated, the government continues to honour its obligations under the agreement. Health Canada will continue to offer and provide services to first nations across Canada.

[Aboriginal Affairs, March 25th, 2014]

Mr. Speaker, the Indian Residential Schools Adjudication Secretariat, the administrative body that manages the IAP, is an independent, quasi-judicial organization for which this department is not responsible.

Any inquiries as to the breach of privacy should be directed to the chair of that secretariat. In the meantime, in answer to the member's question, we advised the Privacy Commissioner yesterday when we were made aware of the allegation.