Since
then, First Nations have been trying to figure out on what authority AFN made
this deal on our behalf, and what exactly this deal entails. Every time that NC
Atleo or Harper speaks, it becomes more and more apparent that Atleo and Harper
are NOT of the same mind in terms of what this “deal” entails. In case anyone
had any doubt about the fragile, if non-existent agreement between AFN and
Harper, one need only refer to the letter from AFN dated Feb.28, 2014
requesting clarifications from the Harper government about what the deal means.
You
don’t have to hire a lawyer to know that you never ever commit to a deal
without knowing what the deal is – i.e., get the details in writing. Atleo’s
letter asks critical questions like:
-
Is
Canada committed to working with First Nations?;
-
Will
Canada “engage” or “collaborate” with First Nations on legislative drafting?;
-
Will
existing agreements and MOUs be honoured by Canada?;
-
Is
the funding new funding?; and
-
Is
the funding secure?
It
is almost unbelievable that the AFN would be asking these critical questions
AFTER the deal has already been made and announced. What’s worse is that the
AFN is asking these questions AFTER Atleo’s many media appearances and their
FAQ Sheet which purports to answer these questions. How can the AFN assure
First Nations that they will get to “inform” the legislative drafting process
and then a few weeks later, ask the federal government if they will work with
First Nations on the legislation?
The
joint Atleo-Harper announcement on February 7, 2014 and all the media
statements by both parties in the days and weeks that followed is a clear
indication that there is no common understanding. Here is a summary of how each
side interpreted the “historic deal” (that has no written commitments):
|
What AFN/Atleo Said
|
What Harper/Valcourt Said
|
|
|
|
|
Respects &
recognizes rights, title & treaties
|
Not about
rights, it’s about social development
|
|
Incorporates
reciprocal accountability
|
Ensures
transparent & accountable
First Nations
|
|
No federal
oversight
|
Feds will provide
the standards, reporting and other oversight mechanisms to “ensure” First
Nations meet “new” standards
|
|
Statutory
guarantee of funding to address “real costs” of education
|
4.5% cap on
funding
(versus 6% pop
growth)
|
|
Funding is
guaranteed
|
Funding will
be for “willing partners”
|
|
AFN will “inform”
legislative process
|
Feds will
draft legislation and regulations
|
|
Limited “enabling”
legislation
|
Full “comprehensive”
education legislation
|
|
New deal for
First Nations
|
What’s best
for Canada
|
|
Allows for
diversity
|
Same standards
for all First Nations
|
If
this is THE deal (historic, but unwritten); which promises First Nation control
(federal control of First Nations); and capped funding (future monies less than
what is needed to take on new responsibilities); and a new relationship (where
we voluntarily give up our treaty right to education) – then NO DEAL.
But we already told Atleo NO DEAL. We told him during Idle No More, we told him when the Chiefs marched on Parliament against legislation, and we told him when Ontario, Quebec and Saskatchewan pulled out of National Panel on Education. Atleo needs to start listening.
It's not hard - the problem has been identified in 100 studies: lack of real First Nation control, lack of funding and lack of culture and language in schools. The solutions have already been identified as well: First Nation control, adequate funding and culture and language. Legislation has never been required to do the right thing. It's an Aboriginal, inherent and treaty right that is protected in Canadian and international law. The government doesn't need legislation to respect the rule of law.
No amount
of political spin can hide the swindle of the century - legislating the future of our Nations out of
existence by standardizing “the Indian in the child” to be like every other
Canadian.
#NoFNEA
#NoFNCFNEA
