Our Children Our Future Our Vision - People for Education

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Our Children, Our Future, Our Vision (a) First Nation Jurisdiction “Legislation, policy and programming created externally must not undermine our jurisdiction as Nations! Any law must further enshrine jurisdiction as well as legislate a requirement that a solid education experience is provided.” (Councillor) The bulk of the research and historical record shows that preventing First Nations from controlling their own educational systems significantly impacts their ability to maintain their languages and cultures. 178 The Innu for example have suffered some of the worst forms of educational policies and were prevented from controlling their own educational systems which resulted in “widespread alienation amongst the students and one of the highest suicide rates in the world”. 179 It is simply not enough to have a provincial school system available to First Nation students. Numerous reports have found that First Nation students will not even enroll in secondary school if doing so means leaving their families, communities and the familiar sources of their language, culture and traditions. 180 While the federal government may have officially adopted the Indian Control of Indian Education Policy back in 1973, in practice the federal government has taken local control to mean First Nation administration of federal education programs and policies at chronically under-funded levels. 181 What has happened is the devolution of a limited number of programs – but not full recognition of First Nation jurisdiction. 182 Yet, it is well recognized that control over the education system is essential to the realization of self-determination: Education, as a force in human development, lies at the base of achieving effective self-government. Self-knowledge, self-confidence, selfrespect, and self-sufficiency must be developed in order for any people to attain a healthy society, a stable culture and self-government. 183 None of the current models of education for First Nations respects their inherent jurisdiction to control their own education. 184 The federal schools are controlled by INAC; the provincial/territorial schools are controlled by provinces and territories; and many local First Nation schools are forced to adhere to federal or provincial rules, policies, laws and curriculum. 185 These rules often lead to 178 RCAP, vol.1, supra note 7 at 333-410. Shingwauk’s Vision, supra note 7. Unsettling the Settler Within, supra note 7. 179 N. Schimmel, “Indigenous education and human rights” (2007) 14:4 Int’l. J. on Minority & Group Rights 425-435 at 435. 180 Ibid. at 437. 181 P. Tremblay, Assembly of First Nations, “First Nations Educational Jurisdiction: National Background Paper” (Ottawa: AFN, 2001) [First Nations Educational Jurisdiction] at 6. 182 Ibid. 183 Ibid. at 9 quoting from Tradition and Education, supra note 101. 184 If Not Now, Then When, supra note 1 at 14-15. 185 Ibid. at 14-16. 45 Chiefs of Ontario
Our Children, Our Future, Our Vision the exclusion of First Nations citizens who live off-reserve or who lack Indian registration from accessing critical First Nation schools or programs. 186 Funding levels and lack of support for training and ongoing development remain significant barriers to realizing full jurisdiction. 187 Canada assumes jurisdiction over First Nation education through sections 114 to 122 of the Indian Act. 188 Some have argued that this legislative power brings with it a fiduciary obligation which requires Canada to act in the best interests of First Nations. 189 Simple revisions to the Indian Act are not acceptable means of ending paternalistic control over our education systems. Federal control over education has already been acknowledged to be an abysmal failure of epic proportions. Therefore, the solution does not lie in Canada tinkering with the Indian Act or some other federal legislation to control our communities. No government will ever care about our children, our communities and our futures more than we do. First Nations jurisdiction is protected in several key ways. First of all, First Nations have an inherent right to be self-determining, which of course includes the right to control their own education systems. This right has not only been recognized in the federal Inherent Right Policy, which states that the inherent right to be self-governing is protected as an Aboriginal right in section 35 of the Constitution Act, 1982, but is also protected by UNDRIP. The right to education is further protected in our treaties which are also constitutionally and internationally protected. Even more than being a right that is specific to Indigenous peoples, the right to an education is a basic human right of all peoples. 190 Not only does education add meaning and value to one’s life but it also unlocks other key human rights like good health, security, economic well-being and participation in social and political life. 191 Therefore, the denial of an education to First Nations through discriminatory laws and policies, inadequate funding formulas, or by federal neglect and inaction is a violation of our fundamental human rights. While the federal and provincial governments rely on the Constitution Act, 1867 to point to their jurisdictional powers over education and Indians, they forget that our inherent right to be selfdetermining also encompasses education, and this is now protected in s.35 of the Constitution Act, 1982. Canada simply cannot pick and choose which constitutional provisions will have legal effect and which will not. 192 So long as the educational authority or power is a delegated one, the govern- 186 Ibid. at 16. 187 First Nations Educational Jurisdiction, supra note 181 at 22. 188 Indian Act, R.S.C. 1985 c. I-5 [Indian Act]. 189 If Not Now, Then When, supra note 1 at 17-21. 190 Universal Declaration on Human Rights. online: at Article 26: “…elementary education shall be free and compulsory, and that higher levels will be equally available to all on the basis of merit.” 191 Investing in the Future, supra note 175 at 17-18. 192 M. Battiste, “Constitutional Reconciliation of Education for Aboriginal Peoples” (2009), online: AFN [Constitutional Reconciliation] at 3-5. Chiefs of Ontario 46
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