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Education Negotiations The current bilateral negotiations between the Anishinabek First Nations (represented by the Union of Ontario Indians) and the Government of Canada (represented by the Minister of Indian and Northern Affairs) started with a five-year Memorandum of Understanding (MOU) signed between the parties March 25, 1993. When the MOU expired in 1998, Canada’s mandate to continue bilateral negotations was directed by the 1995 federal Aboriginal Self-Government policy. On November 29, 2002, the Anishinabek Nation and the Government of Canada signed the Agreement-in-Principle with respect to the Exercise of Education Jurisdiction (“Education AIP”) at Mnjikaning First Nation. The Education AIP was approved by the First Nations through Band Council Resolutions. The Education AIP is legally non-binding and lays the groundwork for continuing negotiations on the draft Final Agreement on Education. As established in the Education AIP, the draft Final Agreement on Education includes provisions for: * The exercise of each First Nation’s law-making authority over primary, elementary, and secondary education and the maintenance, promotion, and development of Anishinaabe culture, spirituality, and language; in the education system; * The delegation of First Nation’s jurisdiction and its authority to administer and deliver programs and services to any other legal entity in Ontario; * The establishment of the Kinomaadswin Education Body (KEB) by the First Nations to support the delivery of education programs and services. The KEB will not have any law-making authority unless that authority is delegated to it by the Participating First Nations; * The First Nations to continue to administer the post-secondary student support funding provided by Canada; * The Fiscal Transfer Agreement that will set out formulas for determining education funding levels for the First Nations to be paid by Canada; * The relationship and harmonization of First Nation laws with those of Canada and Ontario; * The application of the Canadian Charter of Rights and Freedoms to First Nations exercising jurisdiction over education; * The ratification of the Final Agreement by each First Nation; * The non-application of the education provisions of the Indian Act to the First Nations that ratify the Final Agreement on Education, once the final agreement takes effect. The AIP and the Final Agreement will not limit or take away any Aboriginal or Treaty Rights of the First Nations. The fiduciary relationship between Canada and the First Nations will continue to exist. Further, the Education AIP and the Final Agreement will not prevent the First Nations from entering into any other agreements over education, or any other matter, with Canada or any other third party. Since the Anishinabek First Nations are close to a finalizing the draft Education Agreement with Canada, it is very important that the Anishinabek First Nations now enter into discussions and an agreement with Ontario to ensure the continuity of current arrangements and to provide the greatest opportunity for success for Anishinaabe students. The main objectives for entering discussions with Ontario are: * To ensure that Ontario is informed about the new relationship between Canada and the First Nations under this self-government agreement; * To ensure Ontario is informed and understands the new Anishinabek education system that will be established under the self-government agreement; * To ensure that current relationships between the First Nations and the Ontario education system continue; * To harmonize laws and facilitate Ontario’s recognition of First Nations’ education laws; * To discuss issues related to the enforcement and adjudication of First Nation laws; * To determine how the First Nations and Ontario will work together to ensure that all persons of First Nations descent will benefit from these advancements in First Nations education; and * To determine how Ontario can assist First Nations in the development of a post secondary institute specific to First Nation needs. Contacts For additional information about Education or any information regarding the content of this page, please contact:
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