Mr. Speaker, I rise today to speak to Bill C-30, an act respecting the powers of the Mi'kmaq of Nova Scotia in relation to education.
Bill C-30 is a historic piece of legislation that will provide the Mi'kmaq communities in Nova Scotia with jurisdiction over education on reserve. This will be the first piece of legislation transferring jurisdiction over education to first nations and it will set a precedent across Canada.
Education is a provincial matter, but the federal government is responsible for programs and services for aboriginals living on reserve. As such, the federal government, the provincial government and the Mi'kmaq first nations worked together to bring about this legislation.
To give a little history and background to this legislation I would like to point out that the process which led to Bill C-30 began in 1991. At that time the Mi'kmaq first nations in Nova Scotia, namely a group of band chiefs and concerned citizens, approached the Department of Indian Affairs and Northern Development requesting control over education.
This led to the signing of a framework agreement in 1992 between the federal government and the 13 Mi'kmaq first nations in Nova Scotia. These first nations are: Acadia, Annapolis Valley, Bear River, Chapel Island, Eskasoni, Horton, Membertou, Millbrook, Pictou Landing, Shubenacadie, Wagmatcook and Whycocomagh.
Following the signing of the framework agreement meetings were held between the federal government and the Nova Scotia chiefs and culminated with the signing of a political accord in November 1994. This accord began negotiations for the transfer of jurisdiction over education.
A process of consultation with band councils preceded this event and consultations were conducted with the Mi'kmaq people and the general public to apprise them of the current state of negotiations and the extent of jurisdictional control requested by the Mi'kmaq first nations.
My point here is that we have had seven years of negotiations and discussion on this bill already. It has been in the public eye for seven years. This is not the first time the public has heard of it. Parliamentarians should not think that all of a sudden there is some type of conspiracy going on which will threaten education on native reserves across Canada. This is a piece of legislation that has been discussed prior to today, which will hopefully be enacted after this discussion today.
The corporation, known as Mi'kmaq Education, was established to help with the anticipated transfer of jurisdiction to the Mi'kmaq communities. Mi'kmaq Education's purpose is to facilitate and support the Mi'kmaq communities in the setting of objectives to ensure a program and structure is in place to deal with the administrative requirements associated with such a transfer.
Mi'kmaq Education established by the 13 Mi'kmaq first nations hired three Mi'kmaq people to consult with the Mi'kmaq community members and the general public. These consultations were carried out in a number of ways, including newsletters and information booths, in an effort to reach as many people as possible.
As well, the team met with Nova Scotia first nations schools, Nova Scotia universities and the Nova Scotia School Board Association. The team visited each community twice, meeting with both the band council and community and business members. This led to the negotiation of an agreement in principle which was signed on May 3, 1996.
The final process at the community level was conducted through the signing of band council resolutions which demonstrated that each band council had the support of its community and there was support for the chief to sign the final agreement on their behalf.
However, no referendum was conducted to determine community support and the Millbrook first nation later raised this as a point of contention.
Nine of the Mi'kmaq first nations signed the final agreement on February 14, 1997. The four that did not sign, Afton, Bear River, Horton and Millbrook, did not feel they had informed consent from their respective communities. However, clause 12 of the legislation allows these bands to join the process at a later date if they have the support of the band council to sign the agreement. The governor in council may then add the name of any Mi'kmaq first nation in Nova Scotia, thus granting the band jurisdiction over education.
The reverse may also occur. If the band council authorizes the withdrawal of the first nation from the agreement, the governor in council may do so. Both these procedures would be effective as of April 1 the following year.
It is important to note that the act allows for bands that have not signed on to this agreement to come into it. It also allows for bands that have signed on to the agreement and that may later see it does not suit their purposes to leave the agreement. It encompasses all Mi'kmaq first nations.
Four of the thirteen first nations in Nova Scotia did not sign the final agreement for various reasons. Horton first nation consists of a small number of Mi'kmaq, most of whom live off reserve. The advantage of the legislation is therefore minimal for this group. Two of the others, Afton and Bear River, still have questions regarding the process and are content to wait and see how the legislation progresses and how successful the program is. It is expected that they will join at a later time which the process allows for.
Millbrook was looking for legislation that would establish an inherent right process. While Bill C-30 is a step in that direction it does not go that far toward self-government since this remains a delegated jurisdiction. Chief Lawrence Paul of the Millbrook first nation expressed concerns over the funding arrangements supporting this legislation. Chief Paul felt the funding should be guaranteed for a period greater than five years agreed on by the federal government.
Twenty-seven Mi'kmaq first nations currently exist in Canada. They are located in four of the Atlantic provinces and in Quebec. Thirteen of these bands are in Nova Scotia. They are situated across the province. They have a long history and a strong culture. There are approximately 9,000 Mi'kmaq in Nova Scotia, with 6,200 living on reserve. There are 2,200 Mi'kmaq students in Nova Scotia with this number split evenly between those living on and off reserve. Half the on reserve students go to public schools off reserve. This legislation does not provide the Mi'kmaq with greater powers or control over schools that are not on reserve.
Mi'kmaq culture historically relied heavily on story telling as a means of entertainment and communication. It incorporated songs and dances into these stories which were a means of passing on Mi'kmaq history. It is a goal of Mi'kmaq education to preserve Mi'kmaq culture and traditions. Giving control of education to Mi'kmaq communities ensures this is possible. The goal of Mi'kmaq education is to incorporate traditional languages and cultures back into the school system. This was one of the reasons the 13 Mi'kmaq first nations requested the federal government to transfer jurisdiction to their Mi'kmaq communities in 1991.
This legislation covers elementary and secondary jurisdictions and the allocation of funding for post-secondary education. Thus first nations will have control over what is taught to their students but they will have to ensure the education is equal to that of other students in Nova Scotia and that it meets university entrance requirements.
Without this legislation, the Mi'kmaq have no opportunity to make laws for education on reserve. The Indian Act gives the federal government this authority. Bill C-30 repeals sections 114 to 140 of the act and delegates jurisdiction to the Mi'kmaq. This will force the Mi'kmaq to develop structures to properly manage education and to make laws in line with standards set out in a constitution. Each community will first have to develop a constitution before it makes up its laws.
This legislation should increase accountability for the Mi'kmaq with regard to their education system. Currently band councils are not accountable to members. Instead they report to the federal government. Bill C-30 will increase community involvement, and accountability will improve through the preparation of financial statements and the annual report.
There are some detractors to this important piece of legislation but if we read the legislation thoroughly and carefully, which I would encourage all hon. members to do, this is a very precedent setting piece of legislation and increases accountability. It does not diffuse accountability.
Mi'kmaq communities recognize there will be challenges ahead such as the construction of schools on reserves, in particular for those bands outside Cape Breton. Moreover, there are challenges of finding Mi'kmaq who can teach students their own language and there are challenges of maintaining standards as required to meet both school board and university requirements.
Most first nations in Nova Scotia seem to be happy with the proposed legislation and feel this is a step in the right direction not only toward self-government but to improving the education their students receive.
When I spoke with a number of bands affected they stated they were pleased to be getting control over education. While they expect some hurdles along the way ultimately this is seen as a positive move.
This legislation also has its critics within the Mi'kmaq community but the legislation is designed and written to encompass those critics and to give them the opportunity to have their say and also to perhaps make changes in the legislation.
Bill C-30 would be a stepping stone for other first nations across Canada to begin taking an active role in educating their own people. Taking an active role would mean that the 53% of natives living on reserve under age 25 would have some say in their education process. This is an area of great importance to the first nations and its students. First nations want to ensure their traditions and heritage continue while the young people want and need an education that will prepare them for the future.
First nations in Manitoba and Ontario are looking at the process but because of different treaties they will have to tailor it to meet their own needs and circumstances. Furthermore, this is a move toward self-government, something my party has and continues to support as a means of improving economic development for aboriginal peoples.
This is a historic piece of legislation. The Mi'kmaq first nations in Nova Scotia have requested and are prepared to administer it and I am pleased to support it at this stage.
I look forward to examining it in greater detail as the process continues in committee.