Education agreement in final stage

Page 26

A milestone along the route to self-determination was reached by Mi'kmaw Kina'masuti (the former Mi'kmaq Education Authority) on Jan. 24. On that day, the 13 Mi'kmaq chiefs in Nova Scotia negotiated an agreement in principle to transfer jurisdiction over education to the Mi'kmaq Nation from Canada.

When the final agreement is signed, the Mi'kmaq nation will administer an education budget of approximately $130 million over five years. This will pay for every aspect of Mi'kmaq elementary, secondary and post-secondary education on reserve and post-secondary education for off-reserve members.

It has taken four years to reach an agreement in principle. Now it remains for the chiefs, education leaders, Mi'kmaw Kina'masuti and representatives from DIAND to meet with band members about the transfer and to reach a consensus on the final agreement.

"It's not legally binding yet; we're looking at five or six months down the road," Mk'kmaw Kina'masuti director Marjory Gould says. That is when the consultation process is expected to be complete and the final agreement signed. She adds that the chiefs are united on the issue, and so far they have encountered "no major opposition to it" in the communities.

The summary of the agreement in principle states that the transfer of funds will be for five years and that the Mi'kmaq Nation in Nova Scotia will run education so long as "a satisfactory funding agreement is in place."

If a new funding agreement cannot be negotiated after the five years, jurisdiction over education will revert to Canada.

The long-term goal of the Mi'kmaq nation is "full recognition of the inherent right to self-government through a treaty." In the interim, they are prepared to accept recognition by Ottawa of the Mi'kmaq right to jurisdiction over education. Canada, for its part, has agreed to introduce legislation in Parliament that recognizes the Mi'kmaq Nation's right to exercise jurisdiction over education as set out in the final agreement.

Further, the final agreement will set out how Mi'kmaq laws, federal laws and provincial laws will interrelate, and it will state the parameters within which the Mi'kmaq Nation may pass laws regarding education.

Before the final agreement is signed, the Province of Nova Scotia must formally recognize Mi'kmaq jurisdiction and make arrangements to educate non-band members residing on reserves.