Thank you for your open letter of November 25, 2013 regarding the draft legislative proposal sent to all Chiefs on October 22, 2012, outlining a way forward for First Nations education. I also understand that productive discussion on First Nations education took place at this week's AFN Winter Assembly that resulted in a resolution directing you as National Chief to continue working with our Government to address the five issues raised in your letter. I believe that the time is long overdue for us to ensure that First Nation children have access to a comprehensive education regime which affords them education rights and protections in the same manner as all other students. My view is that we cannot get there without putting in place legislation.
While we have an enormous challenge ahead of us, it is not insurmountable. What I have witnessed in my conversations across the country is that the desire for change runs deep, it is urgent, and it is shared by students, educators, parents and chiefs.
I want to reaffirm my strong commitment, on behalf of the Government of Canada, to working with you and other First Nations leaders. While we may not always see eye-to-eye on all issues, I know we can stand together in the efforts to create a better system for First Nation students.
It is in this spirit that I offer the following points in response:
The Government of Canada agrees that First Nations must have control over their education. The proposal that I put forth is intended to empower those who know best what their children need – First Nations, parents, communities, and administrators - to determine what is most effective for their success. The proposed bill strengthens and entrenches the roles and responsibilities of First Nation governments and education authorities, while reducing the day to day powers of the Minister and the Department from what they are today. I cannot stress enough the important fact that the draft legislative proposal will not apply to First Nations who are part of existing comprehensive or sectoral self-government agreements that cover education. Implementation of First Nation control over First Nation education will provide First Nations with the opportunity to establish the structures and systems that support First Nation control and institution building, including self-government negotiations moving forward. We remain ready to consider options to further ensure that this principle is embodied in the legislation.
Your letter also raises the need for statutory funding for First Nation education. The Auditor General noted in her 2011 June Status Report that …structural impediments severely limit the delivery of public services to First Nations communities and hinder improvements in living conditions on reserves.
The Auditor General went on to identify four specific impediments: lack of clarity about service levels, lack of a legislative base, lack of an appropriate funding mechanism, and lack of organizations to support local service delivery.
The draft legislative proposal provides a framework to address all four structural impediments, including funding, and would commit the Minister in law to sustainable, stable and predictable funding to students and schools. I look forward to continuing the discussion regarding structures and standards so that we can then determine adequate, stable and predictable funding. If we are to put in place a legislative framework that provides First Nations control of education, minimum standards and which also takes into account the need for language and culture programming, of course, new funding will be needed to support this system. As I mentioned earlier this week, new funding will accompany legislative reform.
Another point that your letter addresses is the importance of language and culture for successful education models. We could not agree more. In fact, many First Nations have shown success in education through curriculum that responds to local needs and includes language and culture programs. If there are ways to improve the proposal with regard to language and culture, I welcome the opportunity to discuss your ideas.
First Nations have made it clear that they have been advocates of stronger accountability in their schools to achieve the outcomes for their students. I accept that First Nation schools must be responsible to their communities for the evaluation of student outcomes. Now is the time to sit together and determine how this accountability would best be structured. I would welcome a proposal from the Assembly of First Nations in this regard.
Last, you raised the need for an ongoing process of meaningful engagement. I agree. It is only by working together that we will achieve strong and effective education systems that will meet the needs of all First Nation students. We need to sit down now on an urgent basis and have this discussion so that we can move forward together.
On the issue of ensuring that legislation meets First Nation student needs, the proposal builds on decades of study and extensive consultations with First Nation leaders, youth and parents across Canada. From the Joint National Panel on First Nations Education, to the discussion guide, to the Blueprint, we have taken an iterative, open and transparent approach. The consultation process is not finished, and there is no deadline. We are only on the first draft of a bill. The bill also ensures there will be a full review of the legislation after five years, which will give First Nations an opening to further refine the Act.
The last time a formula-driven funding mechanism was put in place was back in 1988. It has been 25 years since it has been updated. The passage and implementation of legislation would be the most direct route to consolidating the current mix of programs into a single operating transfer, supplemented by strategic funding, to support the transition to the new legislation and the creation of new education authorities.
The challenge we face in increasing the intolerable low graduation rates in First Nations schools is not insurmountable because we see success already before us - such as with a graduation rate among the Mi'kmaq in Nova Scotia that is more than double the national average. Our challenge is to make successes like these the norm, not the exceptions. Students and parents have waited so long for us to address First Nation education. The homework has been done. The studies are in. It is time to act. The opportunity we have before us can become our promise, not to the next generation of students, but to this one. With continued discussion and engagement, we can fulfil that promise.
I look forward to working with you on these important matters.
Sincerely,
The Honourable Bernard Valcourt, PC, QC, MP
Minister of Aboriginal Affairs and Northern Development
