Education Act will be an erosion of treaty rights, says Fox

“Disheartened” is the word Onion Lake Cree Nation Chief Wallace Fox uses to describe how he feels about a meeting held between the Assembly of First Nations and federal government representatives to discuss First Nations education. The meeting took place when he was on his way home from the Special Chiefs Assembly held Dec. 4 to Dec. 6.

“One must ask themselves why the national chief did not notify the assembly (during) the three days we were there that there was a pending, tentative meeting with Minister Duncan on education. Why didn’t the chief invite Minister Duncan to our session as a whole?” said Fox.

“Things are happening behind closed doors… many of us are really disappointed in what has happened.”

A few days after that meeting, Aboriginal Affairs and Northern Development Minister John Duncan announced that his department would begin consulting with First Nations this month in a move toward creating a First Nations Education Act.

That announcement came not even a week after chiefs made it clear that national education legislation under the federal government was unacceptable.

On Dec. 5, the mid-mark of the Special Chiefs Assembly, a resolution opposing the AFN’s national education steering committee’s work on national education legislation, and confirming the role of the Chiefs Committee on Education, was passed unanimously.

The resolution resulted in some heated discussion, despite AFN Regional Chief Morley Googoo’s assertion that after the AFN heard objections early in the process about a national education steering committee, the committee was dismissed and the work put into the hands of the Chiefs Committee on Education and the National Indian Education Committee.

Fox, who moved the resolution, said that control of education belonged firmly in the hands of the chiefs.

“It doesn’t belong in legislation … it belongs with us and our people,” said Fox. “There are other means to take this on, not the process that was initiated before by AFN.”

Fox also said that a single approach to education would not meet the needs of all First Nations.

“We are all autonomous people,” he said. “AFN doesn’t represent Onion Lake Cree people. I do.”

Googoo said the AFN recognizes that there is regional diversity and regional approaches.

“The most important outcome is how do we move forward to create a better education system for our children and that is our goal. Legislation for sure is not an option that is preferred by anybody,” he said.

But Duncan has made it clear that a First Nations Education Act is how his government will be proceeding. Legislation is to be in place by September 2014.

Consultation will occur in two phases: from December 2012 to April 2013 through regional sessions with parents, educators and leaders; and then further feedback when prepared draft legislation is presented.

Fox said that a First Nations Education Act is only the first step in taking away the treaty right to education that every First Nation has.

“We have an existing treaty right our ancestors entered into with the Crown,” he said, “and when it becomes law and becomes legislated in Parliament, a year or two down the road they can change that legislation. Then there will be no right to education, period, for treaty people.”

Fox’s concerns were backed up by the majority of chiefs.
Fox also said that any consultation undertaken by the government will not be sufficient.

“They can’t arbitrarily create legislation. There’s a duty to consult with First Nations people. Free, prior and informed consent,” said Fox.
“Duncan can say (he will consult) because they’re a dictator government… because they have a majority government they can do what they damn well please. And that’s their attitude and that’s the position they’re taking.”

But Fox said he and other chiefs won’t allow the federal government to do as it pleases.

“We’re going to fight that. We’re going to continue to oppose that,” he said. “The Education Act will not apply in Onion Lake Cree Nation and Treaty 6 territory. We will maintain that position as a sovereign entity.”

A news release issued by the AFN following the meeting with Duncan made no reference to a First Nations Education Act. However, it did state that “any potential changes in the policy or legal framework requires that Canada fulfills its duty to fully consult with First Nations.”