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Education Jurisdiction
What it Means to Communities
Presentation created by FNESC for First Nations
communities and schools.
Fall
2006
UPDATE
July 5, 2006:
Landmark Jurisdiction
Agreement Signed

On July 5th, 2006, representatives of First
Nations and the federal and provincial
governments signed a set of framework
agreements recognizing the right of First Nations
communities to make decisions about the
education of their learners.

The celebration of this achievement was held at
Xweme'lch'stn School in North Vancouver.
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The Jurisdiction Agreement sets out the
responsibilities of Canada, BC and FNESC
and the steps they will take so that First
Nations will be able to exercise jurisdiction
over K-12 on-reserve education.
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Signers:
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Jim Prentice, Minister of Indian Affairs and Northern Development

Gordon Campbell, Premier of British Columbia
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Nathan Matthew, Chief Negotiator, FNESC
The signed agreements are available at
www.fnesc.bc.ca/jurisdiction. Click on Latest
News (on the right hand side).
Education Jurisdiction
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What is it?
• Legal power and authority to govern and control K-12
education on reserve
• Community authority is recognized by federal and provincial
governments
• It includes lawmaking powers
This is Phase 1. Later phases could include Early
Childhood and Post-Secondary.
A First Nations choice to participate in the jurisdiction
process is completely optional
Education Jurisdiction:
Our Vision
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Culture
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Language
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History
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Our Values
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Our Methods
These aspects of our vision will be clearly and
positively held within our jurisdiction over
education.
We will have jurisdiction over
all aspects of K-12 education
on reserve, including:
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Curriculum

Teacher certification, standards
and competencies
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School certification and school
standards
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How our schools operate
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Education Jurisdiction:
We will express our jurisdiction by
control over…
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Class size
School calendar
Testing and assessments
Learning philosophy
Teaching methods
Education goals
Education Jurisdiction:
Empowers…
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Our local government
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Our parents
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Our children
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Our schools
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Our Elders, community experts
Education Jurisdiction:
Benefits our Children
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We will have the opportunity to…

Set appropriate and relevant curriculum and teacher
standards

Use more flexible teaching methods

Create culturally relevant learning environments

Teach language, culture, community values

Academically prepare students for post-secondary
education through higher standards
Education Jurisdiction:
Flexible and Respectful
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Community and needs based
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Learner oriented, not system oriented
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Respects culture and people
Education Jurisdiction:
Above and Beyond
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High standards

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Build on provincial standards for core courses
Create own approach to other courses, i.e. English 12
based on Aboriginal Literature
Grant our own graduation certificates as well as have
access to the Dogwood
First Nations languages may now be recognized as a
language credit
We can succeed without having to change
who we are.
Education Jurisdiction:
Developmental

Fits within treaty, self-government, self
determination negotiations
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First step in jurisdiction: later phases will include
early childhood education and post-secondary
education
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Develops expertise within the community
Jurisdiction over K-12 on-reserve education
will build capacity for further areas.
Education Jurisdiction:
Appropriate Funding

All students attending the First Nations school
will be funded: Aboriginal and non-Aboriginal
students living on or off-reserve
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One-time developmental funding: establishing
the CEA, legal and financial advice, community
consultation, etc.

Funding will be available for implementation
costs such as governance, legal and insurance
costs
Education Jurisdiction:
What Changes?

Our right to make decisions in education will be
formally recognized
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Will control curriculum, school and teacher
standards
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We can graduate our own children
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We have our own system of K-12 education
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Sections 114-122 of the Indian Act will no longer
apply
Education Jurisdiction:
How Will it Work?
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Jurisdiction rests with Participating First Nation (PFN)
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FN passes law to set vision and guidelines for education system
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Law may also create a Community Education Authority (CEA)
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CEA operates the education system
CEA can take many forms (single community, single
school, multiple communities, multiple schools, etc.)
FN/CEA delegates some responsibilities to a regional First Nations
Education Authority (FNEA)
Education Jurisdiction:
How Will it Work?
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First Nations Education Authority (FNEA):
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Is a legal entity but not another bureaucracy
Is made up of representatives from each First Nation
participating in jurisdiction
Exercises areas of jurisdiction common to all
communities:
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Teacher Certification
School Certification
Curriculum and examination standards
Education Jurisdiction:
How Will it Work?
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FNEA will receive administrative services from
First Nations Education Steering Committee
(FNESC) like the First Nations Schools
Association (FNSA) does
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First Nations and schools will still receive
support from FNESC and FNSA
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There will be training and other support for
Participating First Nations
A new legal body with certain
powers delegated by PFNs:
admin
-Teacher certification
2 Reps
per PFN
-School certification
-Curriculum and standards
CEAs have authority for delivery of
community education systems
The PFN passes education law-making
protocol defining how laws will be
created and passed, then a FN Education
law is passed, creating the CEA
FNSA
Current
relationship is
maintained
(Non-PFNS)
Education Jurisdiction:
Next Steps
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The FNEA will be up and running by 2008.

Federal and provincial enabling legislation
could be passed as early as January 2007.
Canada and First Nations can initial
Canada-FN Agreements once legislation is
passed.

After initialing, the First Nation has up to
three years to develop capacity and
systems, and to ratify and sign their
Agreement
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When ready, First Nations ratify and sign the
Agreements.
For more information
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Read about Jurisdiction online at
www.fnesc.ca/jurisdiction
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Contact the office of the First Nations Education
Steering Committee (FNESC) toll-free at
1-877-422-3672 or email [email protected]