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Agreements, Treaties and Settlements - Canada
BETWEEN Her Majesty the Queen in Right of Canada, as represented by the Minister of Indian Affairs and Northern Development (hereinafter referred to as ‘Canada’)
AND The Participating First Nations as set out in Appendix A, as represented by the Grand Chief of the Anishinabek Nation/President of the Union of Ontario Indians (hereinafter referred to as the ‘Participating First Nations’)
Signed 29 November 2002
1. WHEREAS the Participating First Nations assert that together as aboriginal peoples of the Ojibway/Chippewa, Odawa, Pottowatomi, Algonquin, Delaware and Mississaugi Tribal Nations who share a sense of aboriginal identity and spirituality and who are united through historical origin, values, language, traditions and culture, they are among the First Nations comprising the Anishinabek Nation of the Great Lakes;
2. AND WHEREAS the Participating First Nations assert that they have jurisdiction with respect to education which they have never relinquished;
3. AND WHEREAS the Participating First Nations assert that they have a sacred duty to ensure the well being of the people to the Seventh Generation and that it is incumbent upon the leadership of the Participating First Nations to ensure this sacred duty is honoured on behalf of the Anishinabek Nation of the Great Lakes;
4. AND WHEREAS the Participating First Nations assert that education is a lifelong learning process which includes early childhood education, primary, elementary, secondary, postsecondary education, vocational training, culture and language as well as adult education and labour force training and adjustment, and that education of their people is integral to their survival as First Nations;
5. AND WHEREAS Canada recognizes the importance of building new relationships with First Nations;
6. AND WHEREAS, by this Agreement, the Parties agree to negotiate a self-government agreement for the exercise of jurisdiction with respect to education by the Participating First Nations;
7. AND WHEREAS this Agreement is not intended to limit or define the concept, or determine the existence of the inherent right of self-government of the Participating First Nations;
8. AND WHEREAS the Parties acknowledge that an assertion by one Party is an expression of that Party’s position and does not represent acceptance of that position by the other Party to the negotiations.
Now, therefore, Canada and the Participating First Nations (‘The Parties’) agree as follows:
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2.1. The objectives of this Agreement are to set out:
a) the powers, procedures and structures through which the Jurisdiction of Participating First Nations will be realized; and
b) the components of a Final Agreement, including the key elements of a Funding Agreement which will describe how Participating First Nations will exercise Jurisdiction.
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5.1. The objectives of the Final Agreement shall be achieved by:
a) the ratification of the Final Agreement by the Participating First Nations and Canada;
b) the enactment of federal legislation to enable the Participating First Nations to exercise Jurisdiction, in accordance with the provisions of the Final Agreement;
c) the creation of an Anishinabek education system through which education programs and services will be delivered by the Participating First Nations;
d) the provision of funding by Canada to the Participating First Nations for the delivery of education programs and services as set out in the Funding Agreement;
e) the adoption of measures to implement the Final Agreement as set out in the Implementation Agreement; and
f) the exercise of Jurisdiction by the Participating First Nations.
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7.1. This Agreement sets out the intentions of the Parties with respect to concluding a Final Agreement and is an expression of the good faith of the Parties.
7.2. This Agreement does not create legal obligations which are binding on the Parties.
7.3.This Agreement is not intended to adversely affect any other negotiation between Canada and the Participating First Nations.
This Agreement is not intended to adversely affect negotiations between Canada and a First Nation or group of First Nations.
7.5. The Final Agreement shall constitute the entire agreement between the Parties and there will be no representation, indemnity, condition, agreement or collateral representation applicable to, binding upon or enforceable against one Party by the other, save for those expressed in the Final Agreement.
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8.1. Each Participating First Nation shall have Jurisdiction on its Territory in relation to Primary Education for its Members living on its Territory.
8.2. Each Participating First Nation shall have Jurisdiction on its Territory in relation to Elementary Education for its Members living on its Territory.
8.3. Each Participating First Nation shall have Jurisdiction on its Territory in relation to Secondary Education for its Members living on its Territory.
8.4. The Jurisdiction of a Participating First Nation shall be exercised by the Council of that Participating First Nation.
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8.7. The Parties recognize that a fundamental purpose of the exercise of Jurisdiction in the areas of Primary, Elementary and Secondary Education is to impart knowledge and respect for Anishinabek culture, spiritual practices and language.
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10.1. During negotiations leading to a Final Agreement, Canada and the Participating First Nations will discuss how the Participating First Nations will establish an Anishinabek education system.
10.2. A body to be known as the Kinomaadswin Education Body shall be described under the provisions of the Final Agreement and its proposed legal status shall be set out in the Final Agreement.
10.3. The purpose of the Kinomaadswin Education Body is to support the delivery of education programs and services of the Participating First Nations.
10.4. The powers and structures of the Kinomaadswin Education Body shall be determined by the Participating First Nations by taking into account the following:
a) The Kinomaadswin Education Body shall be an agent of the Participating First Nations;
b) The Kinomaadswin Education Body shall adhere to and advocate the philosophy of education as defined and articulated by the Participating First Nations;
c) The Kinomaadswin Education Body may exercise only those powers which are delegated to it in writing by the Participating First Nations; and
d) The Kinomaadswin Education Body shall conduct its business and operations in a manner consistent with other legal entities with similar powers, duties and functions.
10.5. The relationship between Canada and the Participating First Nations and the Kinomaadswin Education Body, with respect to the administration and distribution of funding pursuant to the Funding Agreement, shall be set out in the Final Agreement.
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26.1. Canada, as represented by the Minister of Indian Affairs and Northern Development, undertakes to recommend that legislation be introduced in Parliament with respect to the subject matter of the Final Agreement.
26.2 Subject to first obtaining the approval of the Governor in Council, Canada shall consult with the Participating First Nations, as represented by their Negotiator, regarding the drafting of the legislation ...
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The full text of the Agreement is available online via the Anishinabek website at <http://www.anishinabek.ca/ROJ_NEW/pdf/
AIP%20that%20was%20signed%20by%20Canada%20Nov.292002.pdf>.
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URL: http://www.austlii.edu.au/au/journals/AUIndigLawRpr/2003/53.html