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Revised January 2008
Appendix I
DRAFT
SUMMARY OF CANADA-FIRST NATION EDUCATION JURISDICTION AGREEMENT NEGOTIATIONS
Held on October 23, 2007 at the Coast Plaza Hotel in Vancouver, BC
Introduction of Negotiators
Cathy Swain, negotiator for Gwa’sala-’Nakwaxda’xw Nation
Kathi Dickie, negotiator for Fort Nelson First Nation
Martha Manuel, negotiator for Simpcw First Nation
Kamal Fichtali, negotiator for Heiltsuk Band
Roy Christopher, negotiator for Canim Lake Band
Martin Watts, negotiator for Tseshaht First Nation
Dawn MacGuire-Reeves, negotiator for Snuneymuxw First Nation
Joanne Dennis, negotiator for Lower Similkameen Indian Band
Daryl McNeil, negotiator for Seabird Island Indian Band
Greg Louie, negotiator for Ahousaht First Nation
Bonnie Eugene, negotiator for St. Mary’s Indian Band
Jack Thompson, negotiator for Ditidaht First Nation
Heather Lawrence, negotiator for Canada
Tanja Dyck, representative for Indian and Northern Affairs Canada (INAC)
Nathan Matthew, negotiator for the First Nations Steering Committee (FNESC)
Nancy Morgan, legal counsel for FNESC
Jan Haugen, representative for FNESC
Overview
Nathan Matthew provided an introduction and overview of the negotiation session that would take place.
Nathan explained that this is the first negotiation session to take place and that there will be several more. The purpose of these negotiation sessions is for Canada and each First Nation that has chosen to participate in this process to negotiate a Canada First Nations Education Jurisdiction Agreement (CFNEJA) and Canada First Nation Education Jurisdiction Funding Agreement (CFNEJFA). This is the very first momentous step in First Nations assuming control over their education. It is essentially arranging for the transfer of that control and responsibility.
Nathan then went over the general agenda for the negotiation session: Heather Lawrence will provide a brief introduction from INAC and then each First Nation will confirm to Canada the options they have chosen with respect to the negotiable items in the CFNEJA.
Nathan read out the options:
Establishment of a Community Education Authority (CEA)
(choose one of these):
_____Option 1: Leave the clauses in, but choose not to establish a CEA at this time (Note: this leaves open the possibility of establishing a CEA at some time in the future, but would not require the First Nation to establish one at this time)
_____ Option 2: Leave the clauses in and choose to establish a CEA
_____ Option 3: Choose not to have the option of establishing a CEA (Note: this means the First Nation would never have the option of establishing a CEA)
Ratification (choose one of these):
_____ Option 1: Leave threshold as described in template – 50% plus one of votes cast (Note: this is the minimum threshold and the one already set out in the Agreement)
_____ Option 2: Change the threshold to a higher threshold – ___ % of votes cast (Note: the First Nation could, for example, raise the threshold to “60%” or “70%” of votes cast)
_____ Option 3: Change the threshold to a threshold that relates to the number of eligible voters (rather than votes cast) – 50% plus one [or a higher %] of eligible voters (Note: the First Nation could, for example, state that the threshold will be “50% plus one” or “60%” of all members who are eligible to vote.)
Negotiation Session
Each First Nation was asked to confirm which option they had chosen with respect to the negotiable provisions in the CFNEJA.
Ditidaht First Nation
The representative for the Dididaht First Nation confirmed that they would:
- leave the clauses in and choose to establish a CEA (option 2); and
- leave threshold as described in the template – 50% plus one of votes cast (option 1).
St. Mary’s Indian Band
The representative for the St. Mary’s Indian Band commented that they looked forward to making good decisions for the generations to come on this historic occasion.
St. Mary’s Indian Band confirmed that they would:
- leave the clauses in and choose to establish a CEA (option 2); and
- leave threshold as described in the template – 50% plus one of votes cast (option 1).
The representative also stated that she would obtain a BCR confirming these choices had been made with respect to the options.
Ahousaht First Nation
The representative for the Ahousaht First Nation stated that this was history in the making and on this day he was thinking about his grandparents, and how his grandfather did not have the opportunity of a formal education and his grandmother and mother had attended residential school. This acknowledgment of a First Nations right to determine their education is an important step forward.
Ahousaht confirmed that they would:
- leave the clauses in and choose to establish a CEA (option 2); and
- leave threshold as described in the template – 50% plus one of votes cast (option 1).
SeabirdIsland Band
The representative for the Seabird Island Band confirmed that they would:
- leave the clauses in and choose to establish a CEA (option 2); and
- leave threshold as described in the template – 50% plus one of votes cast (option 1).
Lower Similkameen Indian Band
The representative for the Lower Similkameen Indian Band confirmed that they would:
- leave the clauses in and choose to establish a CEA (option 2); and
- leave threshold as described in the template – 50% plus one of votes cast (option 1).
Snuneymuxw First Nation
The representative for the Snuneymuxw First Nation confirmed that they would:
- leave the clauses in, which would allow them to choose to establish a CEA at a later date (option 1); and
- leave threshold as described in the template – 50% plus one of votes cast (option 1).
Tseshaht First Nation
The representative for the Tseshaht First Nation shared with the negotiating table that he was wearing the traditional cedar, as it represents strength, and that the negotiations here today are a providing great strength to First Nations as they assert their self governance in education.
Tseshaht confirmed that they would:
- leave the clauses in, but choose not to establish a CEA at this time (option 1); and
- leave the threshold as described in the template – 50% plus one of votes cast (option 1).
Canim LakeBand
The representative for the Canim Lake Band commented that he was extremely pleased to be here today. CanimLake confirmed that they would:
- leave the clauses in, but choose not to establish a CEA at this time (option 1); and
- leavethreshold as described in the template – 50% plus one of votes cast (option 1).
CanimLake also noted that they wished to leave the clause with respect to the appointment of directors as is and that one of the two directors appointed to the FNEA must be a member of the First Nation and a member of the First Nation Tribal Council.
Heiltsuk Band
The representative for the Heiltsuk Band confirmed that they would:
- leave the clauses in, but choose not to establish a CEA at this time (option 1); and
- leave threshold as described in the template – 50% plus one of votes cast (option 1).
Simpcw First Nation
The representative for the Simpcw First Nation confirmed that they would:
- leave the clauses in and choose to establish a CEA (option 2); and
- leave threshold as described in the template – 50% plus one of votes cast (option 1).
Simpcw also noted that they would require one of their directors to be a member of the First Nation and one of them to be from their First Nation Council.
Fort Nelson First Nation
The representative for the Fort Nelson First Nation confirmed that they would:
- leave the clauses in and choose to establish a CEA to be in place by the time jurisdiction is assumed by the Nation (option 2); and
- leave threshold as described in the template – 50% plus one of votes cast (option 1).
Gwa’sala-’Nakwaxda’xw Nation
The representative for the Gwa’sala-’Nakwaxda’xw Nation confirmed that they would:
- leave the clauses in, but choose not to establish a CEA at this time (option 1); and
- the threshold for the ratification process for the Canada-first Nation Education Agreement will be decided through consultation meetings with Gwa’sala-’Nakwaxda’xw community members and will be then forwarded as an amendment to this Band Council Resolution
SUMMARY PREPARED BY: Jan Haugen and Nancy Morgan
APPROVED: ______
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