Quality Education for all First Nations Citizens

Transcription

1 Quality Education for all Citizens Education Council March 27, 2013

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3 Table of Contents Definition of a quality education Education standards and programs governance systems Education o Funding of community schools o Funding of education infrastructures from early childhood to the end of high school o Funding for performance evaluations o Post secondary Annex A: References demonstrating sustained and repeated support for fundamental positions

4 ELEMENTS OF A QUALITY EDUCATION The have, through mutual agreement, established certain fundamental positions related to their rights and aspirations in education. These positions have been expressed by way of numerous consultations and reports. Unfortunately, we have seen over the years that our most fundamental positions have received scant support from the federal government. This observation has been confirmed by the Auditor General of Canada, who has not failed to note the large number of reports that have been shelved without follow up. What follows serves as a reminder of the positions that have found widespread consensus among and the most basic elements that should be supported in order to provide all of our members with quality education that respects our rights. DEFINITION OF QUALITY EDUCATION First Nation students deserve an education system that encourages them to stay in school and graduate so that they have the skills they need to realize their aspirations and participate in a strong Canadian economy. When we talk about encouragement, we are led inevitably to talk about motivation as well. There is a consensus among our that more importance be granted to an education that takes into account identity and thus their culture and languages as motivational factors. This is expressed in the undeniable support that education adapted to First Nations culture has received since the publication of Indian Control of Indian Education up to the present day (note: this list is non exhaustive): Indian Control of Indian Education, 1972 Royal Commission on Aboriginal Peoples, 1996 Final Report of the Minister s Working Group on Education, 2002 United Nations Declaration on the Rights of Indigenous People, 2007 First Nation Control of First Nation Education, 2010 Report of the Senate Standing Committee on Aboriginal Peoples, 2011 Joint FNEC NAN FSIN Report, 2011 Report of the National Panel, 2012 A considerable number of reports by the AFN and throughout the country That is why we believe the definition of quality education faithful to the positions expressed numerous times by and respectful of their reality; without negating its importance, goes well beyond simply ensuring labour market or economic integration. We believe two references are essential to defining quality education and that must be supported by the federal government. The first being the policy paper First Nation Control of First Nation Education. The second being the definition presented in the report entitled Study on Lessons Learned and Challenges to Achieve the Implementation of the Right of Indigenous Peoples to Education, published in 2009 by the Human Rights Council s Expert Mechanism on the Rights of Indigenous Peoples which is reproduced below. Quality education may be defined as education that is well resourced, culturally sensitive, respectful of heritage and that takes account of cultural security and 1

5 integrity, encompasses community and individual development and is designed in a way that is implementable. EDUCATION STANDARDS AND PROGRAMS It is important that be able to develop their own standards and programs as means of supporting their actions towards regaining control of their education. We believe that this is an essential contribution to the survival and longevity of our nations and an integral part of quality education. FIRST NATIONS GOVERNANCE SYSTEM must be able to decide their method of governance over their education and the structures equally involved in this at the local, regional or national level. In addition, the federal government must support the structures that facilitate changes and encourage innovative practices. Considering that our members are already grouped together within our organization (FNEC), and that they have defined the method of governance which is essentially based on a supportive and collaborative approach, we believe that the federal government must recognize and support this method of governance. This governance differs from that of a provincial school board which is currently the only option supported by the federal government. EDUCATION FUNDING Funding of community schools We believe that the of schools must be based on four key principles. The must be equitable, stable, predictable, and. This must: Correspond to the cultural and linguistic needs of our. Avoid personal suffering to students (which is currently taking place), be it separation from their family, or cultural uprooting when they are required to leave their community to have access to certain high cost special education services that could be provided in their community. Take into consideration all the reforms and developments that have been made in education and that make up a modern education context (e.g. sports and recreation, school libraries, technology, special needs, vocational training provided at the secondary level in Quebec, etc.); Offer competitive working conditions; Take into consideration additional factors such as isolation, school size, socioeconomic conditions, as well as indexation to cover increases in the cost of living and population. In our opinion, only an formula can ensure equitable, stable, predictable, and sufficient. This is why we support the following: Funding will be determined by means of an up to date formula which, like provincial formulas, is based on a solid rationale, takes into consideration all the components of modern education, includes adjustments taking into account various 2

6 cost factors (e.g., remoteness, size, socio economic situation, language considerations, curriculum adaptation, special needs) and is indexed annually to account for increases in the population and the cost of living. Considering the special situation in Quebec, the formula will make provisions for additional costs related to vocational training at the secondary level. The formula will make provisions allowing schools to have the necessary facilities and equipment, in addition to to prevent highcost special needs students from having to leave the community to have access to certain special education services, which otherwise could be provided by the school in the community. This is to avoid personal suffering and cultural uprooting caused by transferring to a school or institution outside the community. Lastly, we believe that this formula must be developed with continued participation and approval from. Funding of education infrastructures from early childhood to the end of high school A commitment must be made for an mechanism for education capital. We support a position expressed in a letter dated June 22, 2009 and addressed to Deputy Minister, Michael Wernick from the Parliamentary Budget Officer, Kevin Page and which is reproduced below: Capital shall be based on a rigorous capital budgeting methodology and an underlying financial model supported by financial criteria and reliable data, as well as respect for standards of quality and safety equivalent to provincial standards. Funding for performance evaluations In keeping with their drive for autonomy and the right to define their method of governance, must define for themselves the conditions related to performance evaluations be they on an annual or continuous basis. Funding must therefore be provided for this purpose. Post secondary We believe that the federal government has the obligation to remedy the under of lifelong learning which include postsecondary education. 3

7 ANNE A REFERENCES DEMONSTRATING SUSTAINED AND REPEATED SUPPORT FOR FUNDAMENTAL POSITIONS REFERENCES TO PREVIOUS REPORTS AND CONSULTATIONS This annex provides references to positions that have been developed in favour of: jurisdiction over education; And/or education systems under the control of ; And/or regional educational organizations and under the control of for offering support services; And/or education which places strong importance on culture and languages; And or sufficient. These are positions that the across Canada have continually repeated over the past 40 years. It would be too time consuming to cite all the reports by the AFN and all ; however, even though it is non exhaustive, the list below sufficiently demonstrates the consistent and sustained manner in which our positions have been reiterated over the last 40 years. Report 1. Indian Control of Indian Education (1972) 2. Penner Report Indian Self Government in Canada: Report of the Special Committee (1983) Policy in favour of a complete Education system which was updated by the AFN in 2012, under the title Control of Education. On October 12, 1983, the House of Commons Sub Committee on Indian Affairs approved the presentation to Parliament of the Penner Report. Overall, the government ignored its recommendations, such as the implementation of selfgovernment procedures. [ ] the White Paper was developed from a socio economic need of Indians, while the [Penner] report was based on the political and cultural rights of Indians [UNOFFICIAL TRANSLATION] (Sally M. Weaver, «A Commentary on the Penner Report», Analyse de politiques, :2: , 1984, p. 217). 4

8 3. Section 35 (1) of the Constitutional Act of 1982 Section 35 of the 1982 Constitution Act : Constitutional negotiations ( ) between the federal government and Native leaders led to the inclusion of Section 35 in the 1982 Constitutional Act. 35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit, and Metis peoples of Canada. (3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired. 4. James McPherson (op. p. 4) in First Nations and Schools: Triumphs and Struggles (Verna J. Kirkness), Canadian Education Association (October 1992) 1 (4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons. Critical to improving the situation is the need for legal recognition of jurisdiction over education. This was identified very early on as a serious problem. It was noted that the Indian Act provides no direct legal basis for the transfer of control of education from the Minister to Indian Bands. [ ] With it [legislation], an Indian band or group of bands would be able to write its own Education Act, and determine its own administrative units, policies, aims and objectives. (p. 20) 3. Greater Indian control of education will not lead to better education of Indian children, if no provision is made for enhanced support systems as well as increase to facilitate the transition (p. 18) 4. Greater Indian control of education will not achieve the goal of reinforcing the Indian identity of Indian children if the schools under Indian control simply mirror provincial school curriculum, programs and policies due to lack of support and of necessary for program promotion of Indian differences. (p. 18) 1 5

9 5. Report of the Royal Commission on Aboriginal Peoples (1996) Generally speaking, Aboriginal people consider that Canadian public do not reflect their personalities, their cultures or their values. They are actually looking to equip themselves with distinct which, by their nature and their outreach, would be in a position to preserve their own individual and collective identities and to succeed where Canada has failed. (UNOFFICIAL TRANSLATION) (Intro). Aboriginal people should participate in a more concrete way to Canadian while having their own legitimate, which would make them self sufficient and connected. (intro) Education is a core element of jurisdiction in Aboriginal self government. Aboriginal people must have the opportunity to exercise self governance in education. (p. 442, 3 rd paragraph vol. 3 Gathering Strength) 6. Report of the Auditor General of Canada (April 2000) Recommendation 3.5.2: [ ] Support the development of Aboriginally controlled education systems by [ ] providing commensurate with the responsibilities assumed by Aboriginal nations and their communities, or voluntary organizations, given the requirements of institutional and program development costs of serving small or dispersed communities, and special needs accruing from past failures of education services. (p. 444, vol. 3 Gathering Strength) 4.66 We also observed that current methods used to allocate funds from the Department's headquarters to its regions are based largely on information that was developed at least 15 years ago. The Department has no updated analyses to determine whether the current practice reflects actual education needs and is reasonable in the circumstances bvg.gc.ca/internet/english/parl_oag_200004_04_e_11191.html 6

10 7. Speech from the throne (September 30th, 2002) 8. Final report of the Minister s National Working Group on Education Our Children Keepers of the Sacred Knowledge (December 2002) The Governor General of Canada made the following declaration : The most enduring contribution Canada can make to is to raise the standard of education on reserve. The government will work with the recently created National Working Group on Education to improve educational outcomes for children, and take immediate steps to help children with special learning needs. 3 Recommendation n o 1: That Canada commit to jurisdictional discussions with concerning lifelong education for learners on and off reserve. This shall include capacity building at the community and regional level that would encompass a strategy and resources for implementation. Steps should be taken immediately to enhance or develop organizations that would facilitate this process. (p. 11) Recommendation n o 2: That the Minister begin immediately a process to create a education infrastructure that encompasses decision making structures, administrative capacity and program design and delivery capability at two levels: communities and regional education bodies. (p. 13) Recommendation n o 6: That all levels of government ensure that quality educational facilities exist for First Nations students. New capital funds are necessary to reduce the current backlog of new construction and repairs, to keep pace with facilities maintenance needs, and, more importantly, to begin immediately to construct new schools to ensure First Nations students have the opportunity, like other students in Canada, to be educated in their own community. (p. 16) 3 bcp.gc.ca/index.asp?lang=eng&page=information&sub=publications&doc=aarchives/sft ddt/2002 eng.htm 7

11 Recommendation n o 19: That the Minister immediately review and revise the formula for band operated schools to eliminate the salary inequities between teachers in schools and provincial and territorial schools and to provide a variety of incentives to encourage teachers to teach in schools. (p. 28) Recommendation n o 22: Supporting the development of post secondary institutes with allocation, to meet the needs. (p. 30) 9. INDIAN AND NORTHERN AFFAIRS CANADA. Evaluation of the Band operated and Federal schools, Program Evaluation and Audit Directorate, (2005) [ ]an INAC (AANDC) internal report entitled: EVALUATION OF BAND OPERATED AND FEDERAL SCHOOLS (2003) AEC APPROVAL DATE: 30/06/2005 mentions: Conclusion 8: The current formula fails to take advantage of opportunities to leverage the program / The current formula is an archaic instrument for achieving public policy ends and meeting the needs of people. A new, more strategic formulation of elements would allow INAC to target mutually agreed priorities in education. Indeed, INAC and the Assembly of First Nations are currently working on a review of issues, which in part addresses the base elements of what should be included in the formula. This exercise should facilitate the development of a targeted formula tailor made for education. 4 4 In Report on priority actions in view of improving Education, November 2011, p

12 10. Conservative Electoral Platform (2006) 5 [A Conservative Government] Will replace the Indian Act (and related legislation) with a modern legislative framework which provides for the devolution of full legal and democratic responsibility to aboriginal Canadians for their own affairs within the Constitution, including the Charter of Rights and Freedoms. (p. 38) 11. Memorandum of understanding between the First Nations Education Council and Indian and Northern Affairs Canada (January 29, 2007) Section 5 Key Areas of Collaborative Work 5.1 The Parties agree that the starting point for collaborative discussions shall be the FNEC document entitled, "Action Plan for Developing a Comprehensive Education System ," dated August 31, 2006, which is organized around two fundamental and complementary streams. The Parties will therefore discuss the following: Stream 1: Are there additional support services for schools that would improve the success of students (such as those termed second level services in the FNEC Action Plan) and how would they be implemented? What could be done in the short term (two years) and what authorities would be required? Stream 2: Explore if and how negotiations may be undertaken in the future that may lead to sectorial negotiations in the area of jurisdiction over education

13 5.2 The Parties recognize that, while the "Action Plan for Developing A Comprehensive Education System ," dated August 31, 2006, will be a starting point for dialogue between Parties, federal representatives will be guided by appropriate federal mandates and policies as FNEC is guided by their mandates and policies. 5.3 The parties agree that a detailed action plan will be developed by July 31, 2007, in order to move forward for required approval processes by Canada and. 12. United Nations Declaration on the Rights of Indigenous Peoples (September 13, 2007) 6 Article 7 2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group. (p. 5) Article 8 1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture. 2. States shall provide effective mechanisms for prevention of, and redress for: (a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities; (b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;

14 (c) Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights; (d) Any form of forced assimilation or integration; (e) Any form of propaganda designed to promote or incite racial or ethnic discrimination directed against them. (p. 5) Article Indigenous peoples have the right to establish and control their educational systems and providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning. 3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language. (p. 7) 13. Improving Education onreserve : A First Nations Education Authority Act Michael Mendelson (September 2008) The author of this summary 7, Michael Mendelson, recommends to create : 1) Education Authority Act. This Act would enable, but not require, alliances of to create their own organizations similar to School Boards. It would make the federal government accountable for appropriate education, and accountable to improve educational results. (p. 1) 2) Regional Education Centres. Several centres would be set up across the country to provide the support currently provided by provincial ministries of education in the regular school system. The Regional Centres would be run by. (p. 1) o 7 Maytree Policy in Focus, n 5, September 2008, p. 4 11

15 14. Apologies for the Indian Residential Schools system On behalf of the Government of Canada, the Right Honourable Stephen Harper, Prime minster of Canada (June 11, 2008) 15. Paper on First Nations Education Funding FNEC (February 2009) This presentation recognizes that the Indian Residential Schools system aimed at two main goals: Isolate the children and take them away from the influence of their homes, their families, their traditions and their cultures, and integrate them by assimilating them into mainstream society There is no place in Canada for the attitudes that inspired the Indian Residential Schools system to ever prevail again. 8 The majority of commissioned reports and studies over the last three years support jurisdiction over education and the creation of First Nation controlled education systems. (p.11) Section 35 of Canada s Constitution recognizes Aboriginal and Treaty rights. have a right to an education that is equal to that provided for other Canadians, and recognizes and respects their unique culture and traditions, and the original status of their languages. 9 (p 11) It is difficult to estimate the exact costs for schools to support First Nations languages, as these would differ depending on the nature of the language program being implemented (i.e. immersion, second language or per credit). However, by analyzing comparable costs39 for provincial spending on official languages, it is estimated that approximately $126.6 million more would have been required in 2008 for across Canada, and $22.4 million in Quebec. (p. 22) FNEC (unpublished) Presented to the Standing Committee on Aboriginal Affairs and Northern Development. 12

16 16. Position Paper by the AFNQL and the FNEC presented to the Expert Mechanism on the Rights of Indigenous Peoples Human Rights Council of the United Nations entitled Achieving the Right to education for First Nations (February 2009) 17. Report of the Expert Mechanism on the Rights of Indigenous Peoples Human Rights Council of the United Nations entitled Study on lessons learned and challenges to achieve the implementation of the Right of Indigenous Peoples to Education (2009) 18. Report of the Mechanism on the Rights of Indigenous Peoples Human Rights Council of the United Nations Twelfth Session The policies pushing for the integration of education into the provincial system have always been a clear and asserted demonstration of planned and concretely applied assimilation on the behalf of the federal government. (p. 18) Definition of Quality Education for : Quality education which may be defined as education that is well resourced, culturally sensitive, respectful of heritage and that takes into account history, cultural security and integrity, encompasses human rights, community and individual development, and is designed in a way that is implementable. (p. 4) 14. Indigenous peoples, in exercising their right to self determination, have the right to educational autonomy. States, in consultation and cooperation with the peoples concerned, must ensure the realization of educational autonomy, including the financing of such autonomous arrangements. Indigenous peoples should be regarded as having prepaid present and future financial allocations from the State, including allocations to education, by sharing their lands, territories and resources 13

17 (August 31, 2009) with others. (p ) 19. Report of the Auditor General of Canada (June 2011) 10 The report mentions four structural impediments explaining the lack of progress on reserves: Lack of clarity about service levels. Lack of a legislative base. Lack of an appropriate mechanism. Lack of organizations to support local service delivery. 20. Joint Report presented by the FNEC, NAN and FSIN Report on Priority Actions in view of Improving First Nations Education (November 2011) In its response to the above mentioned report, AANDC indicated that it would review the formula for purposes of renewing the education program authorities by the end of fall This has yet to take place. (p. 40) According to AANDC, the main objective of its Elementary/Secondary Education Program is to provide eligible students living on reserve with education programs comparable to those that are required.by the statutes, regulations or policies of the province in which the reserve is located. 12 Evidently, after admitting that the formula is archaic and in, AANDC indicated that it would review the formula. Ten years later, we are still waiting for a new formula. (p ) 10 bvg.gc.ca/internet/english/parl_oag_201106_04_e_35372.html#hd5a 14

18 Recommendation n o 1: That the federal government commits to develop and implement, within 6 months to one year, a new formula that ly funds schools. This formula must be based on existing joint NEC/AANDC and AFN/AANDC cost analysis as well as the work done by the FNEC, the FSIN and NAN. (p. 53) Recommendation n o 2: That the federal government commits to providing through a new federal formula unconditional to a community s adhesion to a tripartite agreement, since this condition is a threat of maintaining the inacceptable status quo in the case of non adhesion and consequently corresponds to an attempt to force integration. All measures of forced integration are denounced by the United Nations Declaration on the Rights of Indigenous Peoples; which the Canadian government has signed. (p. 53) Recommendation n o 3: That the federal government makes major investments in school infrastructure and develop transparent methodologies for school construction, maintenance and replacement as recommended in the report by the Office of the Parliamentary Budget Officer, Kevin Page, in May (p. 53) Recommendation n o 4: We recommend that the federal government commits to improving the postsecondary program based on the recommendations of its Standing Committee on Aboriginal Affairs and Northern Development report, submitted in February 2007 during the 39th Parliament and the recommendations of the Panel report prepared by the AFN and submitted on June 21, (p. 54) 15

19 Recommendation n o 5: That the federal government recognizes the important role that institutes assume in meeting the post secondary needs of communities and students. That institutes are provided stable and to deliver quality education programs and services. (p. 54) Recommendation n o 6: That the federal government officially recognize the expertise of regional organizations such as the FNEC, FSIN and NAN, and fund them based on their needs assessments and action plans to implement second and third level services with the intention of improving Education systems. (p. 62) Recommendation n o 7: That the federal government recognize the right of to sign bipartite as well as tripartite agreements on a Nation to Nation basis without the threat of being subject to an unacceptable status quo if they do not sign such agreements. This right is considered an Inherent and Treaty Right, and is also recognized under the United Nations Declaration on the Rights of Indigenous Peoples. (p. 62) 21. Report of the Standing Senate Committee on Aboriginal Peoples Reforming First Nations Education : From Crisis to Hope (December 2011) We must replace an antiquated system of isolated and under resourced schools with a systemic approach that links support and ensures capacity, including the ability to plan and effectively manage this essential service the basic right of our children to a good education. The way forward must be centred on our students, must respect our rights and must confirm a education system. Chief Angus Toulouse (p. 22, 5 th paragraph) 16

20 The impacts of this cap can be felt everywhere, from antiquated education facilities, to day to day classroom operations, to the lack of resources available to fully develop and sustain First Nation structures that provide second and third level supports. (p. 31) (Chief Angus Toulouse, reacting to the 2% cap in education) In his comments to the Committee, Regional Chief Angus Toulouse expressed the widely shared view that the legal recognition of jurisdiction is fundamental: Let me begin by expressing that the federal government continues to have an obligation to ensure that can implement their inherent right to exercise jurisdiction over lifelong learning. This entitlement is affirmed by the spirit and intent of treaties signed in exchange for the sharing of the territories and lands and is guaranteed also by section 35 of the 1982 Constitution of Canada. (p. 49) Chief Angus Toulouse (p. 52) [ ] witnesses were unanimous in the view that federal legislation must recognize jurisdiction over education and adhere to the principles articulated in the United Nations Declaration on the Rights of Indigenous Peoples. Specifically, they noted that the Declaration, formally adopted by the Government of Canada on 12 November 2010, establishes the right of to control their own educational systems. (p. 49) Recommendation n o 1: That the Government of Canada, in consultation with and educational authorities, develop a Education Act; that this Act explicitly recognize the authority of for on reserve elementary and secondary education; and that it enable the establishment of controlled second 17

21 and third level education structures; and that the application of this Act to individual communities be optional, and provide for the repeal of the education sections of the Indian Act for those that opt into the new Act. (p. 62) Recommendation n o 2: 22. Report of the National Panel on First Nation Elementary and Secondary Education Nurturing the Learning Spirit of First Nation Students (February 2012) That the proposed Education Act provide statutory authority to the Minister of Aboriginal Affairs and Northern Development Canada to make payments from the Consolidated Revenue Fund to educational authorities, with the objective of providing educational services on reserves; that the methodology for establishing the amount of these payments be enshrined in regulations authorized under the Act, and developed in consultation with ; that these regulations would consider key cost drivers such as demographics and remoteness; and that the formula for establishing payments include, among other things, First Nations language preservation and revitalization programs. (p. 64) Education needs to be to meet the higher cost of providing quality First Nation education, and to address the complex needs of students living in distant and sparsely populated communities. (p. 21, 4 th paragraph) The structural elements of a strong education system are (4th point) : Statutory that is needs based, predictable and sustainable; accountability for the use of funds for education purposes and the achievement of successful outcomes for First Nation students must be tied to this new approach to. (p. 30, 1st paragraph to last) Recommendation n o 1 : Co Create a Child Centered First Nation Education Act First Nation children are entitled to effective and culturally sensitive education. A fundamental part of an education system that supports this goal is comprehensive 18

22 legislation that establishes and protects the rights of the child to a quality education, ensures predictable and sufficient, provides the framework for the implementation of education support structures and services, and sets out the roles, responsibilities and accountabilities of all partners in the system. (p. 31) Recommendation n o 3 : Facilitate and support the creation of a First Nation education system through the development of regional First Nation Education Organizations (FNEO) to provide support and services for First Nation schools and First Nation Students. (p. 36) 23. Report of the Chiefs of Ontario Our Children, our Future, our Vision (2012) The inherent right of to assert their jurisdiction over First Nation education must be recognized, protected and implemented without delay (p. 15) Summary of recommendations : (8) Canada must work directly with to resolve the inadequacy of the current formula to ensure that resources allocated address the expressed educational needs of at all stages of the educational spectrum (p. 55) (14) Any amendments to formulas must include significant for the development of language and culture curriculum for learners at all stages in a variety of learning contexts be it early childhood education, language immersion in K 12 or adult training (p. 56) 19

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