Our Children Our Future Our Vision - People for Education

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Our Children, Our Future, Our Vision ment will always retain total control over the level and allocation of resources needed to operate First Nation schools. 193 Worse, is the fact that the First Nation’s education authority must comply with all federal directives, policies, rules and timelines or be subject to reprimand or additional controls. 194 Although Canada bears a fiduciary responsibility for education, that does not give it the right to control it. 195 The use of words like “expanded” or “increased” in education or related funding agreements are weasel words used to give the appearance of something more than what it is: government-controlled education. 196 It is time to fully recognize and implement First Nation jurisdiction over education – completely and unconditionally. The basic framework to full recognition and implementation of First Nation jurisdiction over education includes two major components: (1) the full recognition of First Nation jurisdiction over education which stems from their inherent right to be self-determining; (2) the renegotiation of funding arrangements to provide adequate, stable, flexible comprehensive funding. 197 There are many different options of how to do this, but there can be no one-size-fits-all policy as Indigenous Nations have very different cultures, communities, and educational objectives. 198 While ideas like school boards may well be necessary in some areas, given the size of some communities, those are the kinds of details that First Nations, in full control of their own systems, can decide for themselves based on their own needs and goals. 199 Only with significant change, an equitable financial commitment and local control of education can we ever hope to eradicate a century of educational neglect by Canada. 200 First Nation jurisdiction over education must be complete and unconditional – with no federally imposed one-size-fits-all solutions or new policy limitations. 193 Investing in the Future, supra note 175 at 6. 194 Ibid. 195 E. Johnson, D. Longboat, “Sovereignty, Jurisdiction and Guiding Principles in Aboriginal Education in Canada” (1986) 1 Can. J. N.S. 173-179 [Sovereignty]. 196 Harvey McCue Consulting “Self-Government Agreements and Jurisdiction in Education” (5 April 1999) [Self-Government] at 25-27. 197 First Nations Educational Jurisdiction, supra note 181 at 25. Indian Control of Indian Education, supra note 99. RCAP, supra note 6. Many others have made the very same recommendations as can be seen in the review of previous reports. 198 Self-Government, supra note 196 at 22-27. 199 See for example: M. Mendelson, Caldedon Institute of Social Policy, “Aboriginal Peoples and Post-Secondary Education in Canada” (2006), online: at 7. He has also suggested ministries or regional education authorities in addition to school boards. 200 Treaty Right, supra note 35 at 14. 47 Chiefs of Ontario
Our Children, Our Future, Our Vision (b) Adequate Funding “Program/resource funding is a joke – why shouldn’t our kids have same access to up to date curriculum/material as not native?” (University student) There is no doubt that many First Nations schools struggle to deliver programs and services because of the lack of sufficient funding and support frameworks. 201 Schools on reserves are clearly funded at per-student levels far below what most provinces pay to support their schools, despite the fact that needs and costs on reserve are significantly higher. 202 Funding formulas also do not take into account regional differences in costs, salaries, construction or purchasing. 203 The average cost per student has increased 24% since 1997 which is much higher than the inflation rate or the 2% funding cap on spending imposed by Canada since 1996. 204 Gray and Beresford argue that both Canada and the United States have embarked on efforts to make room for Indigenous control over their own education systems, but this “has proved more illusionary than real” because of restricted funding formulas. 205 Despite years of studies and discussions and national panels, funding for the implementation of First Nation jurisdiction over education seems to be the most difficult barrier to overcome. 206 Funding is needed not just for the students, but also for infrastructure, development of language and culture curriculum, and for general governance like policy development, training and oversight. 207 The level to which First Nations education and programs are underfunded is shocking. Some estimates have placed band-operated schools at as much as 75% lower than provincial standards. 208 Yet, there is no excuse to under-fund First Nations education in a country which is recording record surplus budgets of over $14 billion. 209 The AFN has consistently identified funding for governance capacity and training is absolutely essential in any solution moving forward. 210 It is not enough for Canada to apologize for the assimilatory policies upon which residential 201 Simon Management Services, “A Study of Educational Cost Drivers to First Nation Education: Final Report” (Ottawa: Report for the Joint AFN.INAC BOFF Working Group, 2006) [Educational Cost Drivers] at 6. 202 B. Levin, “Aboriginal education still needs work” (2009) 90:9 Phi Delta Kappan 689 at 690. 203 First Nations Education Council, “Supporting a Comprehensive and Equitable Funding Framework” (2009), online: at 11. 204 Ibid. 205 J. Gray, Q. Beresford, “A ‘formidable challenge’: Australia’s quest for equity in indigenous education” (2008) 52:2 Aus. J. Ed. 197-223. 206 H. McCue, “First Nations 2 nd and 3 rd Level Education Services: A Discussion Paper for the Joint Working Group INAC- AFN” (Ottawa: Harvey McCue Consulting, 2006) at 5. 207 Ibid. at 7. 208 K. Reimer, “What other Canadian kids have: The fight for a new school in Attawapiskat” (2010) Native Studies Review 120 [What other Canadians have] at 133. 209 Ibid. at 132. See also: Our Dreams Matter Too, supra note 85. 210 Investing in the Future, supra note 175 at 3. Chiefs of Ontario 48
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