ASSEMBLY OF MANITOBA CHIEFS

 

SPECIAL CHIEFS

ASSEMBLY ON EDUCATION

 

 

 

 

 

 

 

 

SUMMARY REPORT

 

MAY 30 – JUNE 1, 2006

 

DAKOTA TIPI FIRST NATION

 

 

 

 

TABLE OF CONTENTS

 

 

 

DAY 1 – MAY 30, 2006

 

            Opening Ceremonies………………………………………………………………           4

 

            Opening Remarks………………………………………………………………….           4

 

                        Chief Cornell Pashe, Dakota Tipi First Nation……………………..……..4

 

                        Grand Chief Ron Evans, Assembly of Manitoba Chiefs………………….            4

 

            Overview of Manitoba First Nations Education – Lorne Cochrane….…………....            5

 

            Manitoba First Nations Education Resource Centre Update…………….…….…..5

 

            Overview of MFNERC…………………………………………………….………5

 

            Review of Agenda…………………………………………………………………6

 

            Welcoming Remarks – Grand Chief Ron Evans…………………………………..7

 

            Aboriginal Language Update……………………………..………………………. 9

 

            Special Education Regional Management Organization.....……………………….10

 

            Joint AFN/INAC Working Groups Education Update…………………………….12

 

           

DAY 2 – MAY 31, 2006

 

            Recap of Previous Day’s Agenda ………………………….……………………...14

 

            Discussion on Chief’s Participation in Gimli…………………………….………..15

 

INAC Manitoba Region – Education Developments…………………… ………..15

 

Juanita Cruz Jimenez Presentation………………………………………………...17

 

            Manitoba First Nations Education Action Plan…………………...……………….17

 

            Manitoba First Nations Post Secondary Institute Update………..……...…………           19

 

            Manitoba First Nations Multi-Sectoral Working Group Update..........…………… 19

 

           


DAY 3 – JUNE 1, 2006

 

            Opening Ceremonies……………………………………………………………….22

 

            Recap of Day 2……………………………………………………………………..22

 

            First Nations Health – Political Action Plan ………………………………………22

 

            Trilateral Resource Access Committee Agreement………………………………..24

 

            Gaming………………………………………………………….………………….27

 

            Tobacco Tax….…………………………………………………………………….28

 

            Unity Plan…………………………………………………………………………..28

 

            Closing Remarks……………………………………………………………………29

 

            Closing Ceremonies ………………………………………………………………..29

 

 

 

CERTIFIED RESOLUTIONS

 

MAY-06.01      Special Education Regional Management Organization

MAY-06.03      Manitoba First Nations Education Action Plan

MAY-06.04      Manitoba First Nations Post-Secondary Institute

MAY-06.05      Manitoba First Nations Disability Multi-Sectoral Working Group Terms of Reference and Strategic Plan

MAY-06.08      First Nation Language Strategy in Manitoba

MAY-06.09      Post Secondary Education Funding Gap

MAY-06.11      Continued Support for the Manitoba First Nations Education Resource Centre (MFNERC)

MAY-06.12      Indian Languages and Cultures Task Force Report

MAY-06.13      Review of Manitoba First Nations Education Resource Centre (MFNERC)

MAY-06.16      Support for National Railway Blockade

MAY-06.20      Distribution of Gaming Revenues

MAY-06.21      Tuberculosis (TB) in Manitoba


ASSEMBLY OF MANITOBA CHIEFS

SPECIAL CHIEFS ASSEMBLY ON EDUCATION

DAKOTA TIPI FIRST NATION

TUESDAY, MAY 30, 2006

 

DAY 1

 

OPENING CEREMONIES

           

Pipe ceremony was conducted by Keith Pashe, Dakota Tipi First Nation

 

Grand Entry/Opening Flag Song by Dakota Tipi Singers

 

Opening Prayer by Elder Randolph Pashe, Dakota Tipi First Nation

 

·        REVIEW OF THE AGENDA

 

The agenda was reviewed by Madam Chair Katherine Whitecloud and changes were deferred until quorum was reached.

 

·        CHIEFS IN ASSEMBLY RULES AND PROCEDURES

 

Deferred until quorum has been reached.

 

·        WELCOMING REMARKS

 

Host Chief Cornell Pashe, Dakota Tipi First Nation

 

Chief Pashe welcomed all Chiefs, Elders, and people in attendance and is honoured to host the Special Chiefs Assembly on Education.  He said there were many issues to be discussed regarding education, tobacco tax and other issues.

 

Grand Chief Ron Evans, Assembly of Manitoba Chiefs

 

The Grand Chief welcomed the Elders, Chiefs, leaders and people in attendance.  He thanked host Chief Cornell Pashe for hosting the AMC Assembly on Education.  He will address the Chiefs once quorum has been established.  He mentioned he has had to deal with issues that all First Nations are confronted with and would like to address them as a collective group.

 

Madam Chair Katherine Whitecloud thanked Grand Chief Ron Evans and Chief Cornell Pashe for their welcoming remarks.  Chair Whitecloud welcomed Elders, the drum, Elder Randolph Pashe and Keith Pashe for the prayers and leading the grand entry.

 

The Chair reviewed the agenda as outlined in the package.  She stated that meals will be served by the host community.  Resolutions will be dealt with after presentations are made.  The resolutions are to be brought forward to the resolutions table prior to presentations.

·        OVERVIEW OF MANITOBA FIRST NATION EDUCATION - Lorne Cochrane,Executive Director, AMC

 

Mr. Cochrane thanked the drum group and Elders for the opening ceremonies.  He thanked the Chiefs and proxies for attending the Assembly and advised that discussions would be held on education, language and disability issues. He discussed the history of education for First Nation people and about the book “Wahbung-Our Tomorrows.”  The Chiefs in 1971 stated their vision as working collectively to ensure that education would meet the needs of First Nations people.  In 1964 only 1.9% of our people graduated from grade 12 compared to 33.9% of other people in Manitoba. The early 1970’s management of INAC system needed to look at local control of education. Question was asked on what it will take to have control of education outside of INAC policies?  It was stated that  an Action Plan for Education needs to be developed to ensure that resources will be available when required. While it may be difficult to access resourcing for the capital and infrastructure, the time is right for First Nations to establish a post-secondary institute as First Nations population is rising rapidly and First Nations people are the potential workforce in Manitoba. 

 

The purpose of MFNERC was to provide second and third level services for First Nations’ locally-controlled schools.  The Auditor General’s report indicated that there is still a 28-year gap in education between First Nations and the rest of Canada.  Additional funding is required to close the gap in education.  It was hoped that an additional $1.8 Billion dollars would be provided for education but only $450 million over two years will be available for First Nation education, housing, water, children and families.  In the next few days, it is hoped that a unified plan to improve the quality of education for First Nation schools in Manitoba will be developed.

 

·        MANITOBA FIRST NATION EDUCATION RESOURCE CENTRE UPDATE - Chief Murray Clearsky, Waywayseecappo First Nation, MFNERC Board of Directors

 

Chief Clearsky provided an overview and history of MFNERC.  In 1998, the former Chiefs Committee on Education established MFNERC from funds from the Gathering Strength Initiative. The MFNERC Board of Directors are selected from the Directors of Education from various communities. Previously Chief David Crate had been liaison for education.  Chief Clearsky explained he was chosen as an interim Director and remains on the current Board of Directors.  He recommended the agenda be adopted as identified and not be changed as there are important issues to be discussed in education.

 

Lorne Keeper, Executive Director, MFNERC

 

Mr. Keeper provided an overview of MFNERC. There are 55 band operated schools (locally controlled) which operate as individual school systems.  Prior to the establishment of MFNERC, these schools had little support and what support was provided was on a fee for service basis.  There were limited or no instructional resources available to First Nation schools.  There was limited or no professional development and networking for school staff, locally, regionally, and/or provincially.  The Gathering Strength Initiative provided an opportunity for the establishment of a resource center.  MFNERC was established to provide professional development, classroom support for the implementation of the provincial curricula in English, language arts, mathematics, and science. MFNERC has helped to improve the quality and standards of education through networking and working with schools.  Capacity building is being developed.  Lighting the Fire Conference usually has about 1000 delegates hosted in the spring. The Circle of Knowledge conference in the fall, usually hosts about 600-800 delegates.  There are Language Immersion classes being established in some communities.  MFNERC does not dictate what happens at the local community level but their mandate is to provide services as requested. 

 

The Auditor General’s Report gave a failing grade for Manitoba.  INAC was blaming failure on MFNERC. INAC wanted schools to develop school plans and First Nations have managed to get 17 revisions of work plans for local schools.  This was an exercise of compliance with INAC’s pressures.  In Saskatchewan they have S3-S4 Treaty curriculum and Manitoba First Nations are in the process of establishing a similar curriculum.  They are also working on a revised service delivery model.  The key is to develop a school plan for every school.  One of the goals of the Executive Director is to increase capacity of MFNERC in the Thompson office.  MFNERC eventually wants to make it possible in the future for the 55 independent school divisions to work collectively.

 

Quorum is reached at 10:48 a.m.

 

·        CHIEFS IN ASSEMBLY RULES AND PROCEDURES

Rules and Procedures were reviewed and a question was raised regarding ‘blank resolutions’ and a definition was provided which states that only individual resolutions are accepted and a number of resolutions together cannot be brought forward to be voted on. 

 

·        OVERVIEW OF AGENDA ITEMS

 

MOTION #1 – ADOPTION OF AGENDA

 

Moved by:                  Chief Clearsky, Waywayseecappo FN

Seconded by:              Chief Ken Whitecloud, Sioux Valley FN

 

“To Adopt the Agenda for AMC Special Chiefs Assembly on Education for May 30-June 1 2006”

CARRIED

 


·        WELCOMING REMARKS - Grand Chief Ron Evans

 

The Grand Chief began his opening remarks by sharing some success stories in Manitoba First Nations which are not usually seen in newspapers. He congratulated Swan Lake for successfully negotiating their TLE for an opportunity to establish an urban reserve in Headingly.  He also mentioned Long Plain’s success with TLE, and Rolling River has successfully established a Health Centre. He also identified some successes and positive changes with recent establishments like the First Nations Forestry Initiative, the Railway company, and the Trucking company.  These initiatives will create jobs in First Nations communities.

 

Over the past 35 years the federal government has acknowledged the need for meaningful change and a new relationship in order to correct long-standing problems.  Despite these efforts, long standing problems remain in First Nation communities according to the Auditor General of Canada, 2006 status Report.  The Auditor General’s report also states that “funds for First Nations have increased in recent years -1.6% from 1996 to 2004 – but not at a rate equal to population growth”  (11.2% over the same period).  There is a direct echo of First Nation concerns over the 2% cap on funding increases for INAC core programs for First Nations that has been in place since 1996, a cap that has effectively perpetuated the gap in the quality of life between First Nations and other Canadians.  It is the view and experience as First Nation leaders that little have changed in the status of First Nation communities over the period of the last several governments.  First Nations all have a responsibility and opportunity as First Nation governments to address the issues facing them. If they fail to make significant changes, in unity, governance, programs, and financial investment in the short-term, the gap will only become larger.

 

Based upon the United Nations Human Development Index, the quality of life on Manitoba First Nations has been the lowest in Canada.  The gap between Manitoba First Nations and the rest of Manitoba is the widest in the country.  The cost of living in most First Nation communities is disproportionately affected by remoteness and the resulting cost of transportation of goods and services.  The gap in well-being between First Nations and other Canadian communities is widest in the Prairies, and is significantly wider than the Canadian average.

 

The Grand Chief spoke to First Nations issues and statistics related to health, water, housing, education, land claims, economic development.

 

Plan of Action

 

No single program or government, working in isolation can achieve the desired result of closing the gap between Manitoba First Nations and the rest of Canadian society. First Nations will have to join organizational forces and face the challenges in a unified consistent strategy. Strength and effectiveness emanates from collective and concerted action.

 

AMC has met with Premier Doer in Gimli and the Kelowna Accord will be on the agenda sometime this summer.  The National Chief is optimistic that commitment will be made by the federal government in the near future. A unified plan and strategy that can be adopted at this Assembly is desired so they can proceed with negotiations with the government. There is an open letter to the Prime Minister to be printed in Winnipeg Free Press in Wednesday’s edition to inform him of First Nations’ issues.

 

Discussion returned to the Prime Minister’s visit to Gimli and question was raised as to whether  Chiefs should attend to make a presentation. Decision was made the leadership continue with the Chiefs-in-Assembly and hope that the Premier would raise the issues as well through the open letter in the Winnipeg Free Press.  It was explained to the leadership that the ad was placed in the paper to bring awareness of First Nation issues to the Prime Minister and the general public.  It is also hoped that it will bring the commitment made by the Premiers to the forefront and hopefully get the Prime Minister to act on the commitments made at Kelowna.  Suggestion was made that Chiefs should be visible while the Prime Minister is in their territory and the general public is sympathetic to their issues.  The AMC Grand Chief was directed to hand deliver First Nation issues and concerns to the Prime Minister during the Western Premiers meeting in Gimli.

 

The Grand Chief closed his remarks by suggesting that they have serious dialogue on how they can build a strategy that they can all begin to work with to begin to alleviate some of the issues that they have to live with on a daily basis.  Community residents should start to see changes and improvements if all leadership work together in a unified fashion.  It is hoped that leadership can access resources to bring about meaningful change in education and the other areas such as health and economic development which have been mentioned earlier, as well as all other areas that require change.

 

Following advice by the Chair that questions would be entertained following the Grand Chief’s Opening Remarks, Chief Pascall Bighetty, Mathias Colomb Cree Nation read a MKO Issue Sheet stating their issues, concerns, analysis and recommendations based on the conference package relating in particular to Education issues.  A request was made for the Issue Sheet to be made available for distribution as part of the meeting package and for the presentation to be included as part of the Minutes. 

 

It was clarified that there has been a position available on the Board of Directors of the MFNERC and it was agreed that resources available to the Resource Centre are both north and south dollars and are available to everyone.  It was also stated that if there are problems, then they should work together in a unified fashion to fix the problems.  Unity of all First Nations is the ultimate goal.  It was clarified that the Regional Management Organization was suggested by Mary Blais, the Regional Director, however, lack of funding is a deterrent to realizing such an action by First Nations.  It was stated that AMC will work with both MKIO and SCO to find solutions to concerns raised in the Issue Sheet.

 

It was stated that if leadership was able to do one thing such as provide housing to all First Nations and utilize their resources, to serve their people, INAC would not be in a position to play their divide and conquer games with leadership.  The example of Saskatchewan was mentioned briefly and it was stated that they are 20 years ahead of Manitoba because they have put their differences aside and are working together for the betterment of their people.  Manitoba must follow their example and pull all their resources together to assist their people.  An invitation was extended to all the leadership to meet in Valley River to discuss pooling their resources and discuss their housing issues.

The Grand Chief was commended for the work he has accomplished in pushing the commitments made on the Kelowna Accord to the forefront and for his efforts to get the Prime Minister to honour those commitments.  Leadership should give themselves the credit they deserve because they work hard for their community members.

 

Suggestion was also made that the Constitution should be reviewed and evaluated and if amendments are necessary, then amendments should be made. 

 

The Chair suggested that lunch break be short as there are still many agenda items to be covered.   A prayer was offered for lunch.

 

·        ABORIGINAL LANGUAGES UPDATE - Chief Robert Maytwayashing, Lake Manitoba First Nation, Representative for the Chief’s Committee on Languages

 

Information presented in the Power Point presentation and under Tab 2 of the Conference package was discussed and concerns were raised about the possible loss of two language groups, the Dene and Oji-Cree, while three languages have a good chance for survival, Ojibway, Cree and Inuktitut.  Everything must be done to preserve all language groups and Language Immersion programs will assist in revitalization of First Nation languages.  Everything First Nation is encompassed in their languages. 

 

A request was made to have copies of the Summary of the Task Force Report on Languages and Recommendations distributed for information.  Question was also raised on whether the Languages Act falls under federal or provincial legislation.  Suggestion was made that First Nations people establish their own Official Language legislation in their own territories such as the one passed by the Dakota people.  It was also recommended that First Nations develop their own language laws that they can implement in their own territories that would cover some of the jurisdictional questions regarding languages.  It was stated that because of the danger that the Oji-Cree and Dene languages might be lost, the proposed resolution which was distributed to the leadership, should be worded strong enough to ensure that this does not happen. 

 

RESOLUTION: May-06.08 - First Nation Language Strategy in Manitoba

 

Moved by:                  Chief Robert Maytwayashing, Lake Manitoba First Nation

Seconded by:              Chief Cornell Pashe, Dakota Tipi First Nation

 

Further discussion was held following the reading of the resolution and a suggestion was made that it be re-drafted to include recommendations by the National Languages Committee such as moving forward by resolution to establish First Nation Languages regardless of what the languages is, as the original official language in this country and establish it as your own official language similar the one passed by the Dakota people.  Also that a letter, to be signed by the three Grand Chiefs, to the Honorable Beverly Oda, Heritage Minister be included with resolution.  It was suggested that First Nations look at establishing their own Language Law.  It was also suggested that mention should be made of the other languages that are in danger of being lost such as Oji-Cree, Dene and Dakota in the resolution to make it stronger.  Resolution to be brought back with the suggested changes incorporated in the resolution.  Concern was raised that leadership are being asked to support a resolution which mentions a report that they have not yet had a chance to review, so a Summary of the recommendations (which was available in the Chiefs packages) was requested.  Resolution tabled for further changes.

 

·        SPECIAL EDUCATION REGIONAL MANAGEMENT ORGANIZATION - Lorne Keeper - Executive Director, MFNERC

 

Mr. Keeper briefly provided information on the establishment of the MFNERC and he stated that it arose as part the Gathering Strength Initiative which had a component on Education Reform where every Region received their share of Education funding.  In Manitoba, the Education Directors as a collective decided that funds would be better spent collectively rather than dividing up the funding pie, they decided on the Education Resource Centre.  There were no coordinated support services at the time within the schools which the Resource Centre now provides to First Nations schools. There is increased level 2 and 3 funding - $18 Million. The Resource Centre provides capacity building at the local level but does not provide direct services to students.  There has been capacity building for Resource teachers with successful graduates from the training. There are also Speech and Language Pathologist in the process of attaining accreditation in Minneapolis and North Dakota.  University College of the North will have Rehabilitation Assistant graduates this year.  MFNERC will take on the role of the FNRMO using the Intervention-based model piloted by First Nations in other provinces (Quebec and British Columbia).

 

It was stated that there is support for the Education Resource Centre, however, it was stated that leadership owe it to their children and future generations, to ensure that they make the right decisions today because it will affect present and future generations. 

 

RESOLUTION - May-06.11 - Continued Support for the Manitoba First Nations Education Resource Centre (MFNERC)

 

Moved by:                  Chief David Crate, Fisher River First Nation

Seconded by:              Chief Murray Clearsky, Waywayseecappo First Nation

RESOLUTION CARRIED

 

Prior to the vote a discussion was held regarding the concern raised regarding services in the North and the lack of personnel in the Thompson office. A review was requested in regards to education, children and post secondary education. In addition, questions on the mandate of directors, authority and responsibility were raised.  Clarification was provided by the Chair on the Board of Directors of the MFNERC and leadership was advised that there are 3 members each from the north and south who have a mandate from the leadership to provide direction to the MFNERC.  There are also Education Directors who provide direction and advice.  It was stated that there seems to be no real information flowing from MFNERC on meetings or reports following meetings to leadership which is part of the Resource Centre’s mandate. 

 

Lorne Keeper responded to the comments and indicated that there will be an increase in the number of staff in Thompson but due to budget constraints there will be new methods of delivery of service. Some staff will relocate to Thompson and there will be three additional staff in Thompson. 

 

A lengthy discussion was held on the proposed RMO and some leaders expressed concern that perhaps they were moving too fast and should explore all avenues before making a decision.  Questions were also raised on whether First Nations would lose education funds if they were to expand the mandate of the MFNERC to include serving as the Regional Managing Organization for Special Education and arranging for training for more First Nation education specialists.  There were fears expressed that if they take over, they would not have the same funding that is available to INAC to provide services, as any funding for this transfer would be based on a proposal and whether funds would be capped.

 

It was stated that if the Resource Centre is designated as the Regional Management Organization with an $18 million budget, that is currently available to INAC Regional Office, this is not enough because needs will exceed funding levels.  Presently, the department does not have a data base so they don’t really know what the exact First Nations’ needs are and cannot budget appropriately.  Schools have to begin sharing their data so they can develop an appropriate business proposal that will indicate their true needs.  It would be inappropriate for the Resource Centre to take over services that will be capped, so until negotiations are completed, this would not happen. 

 

Concerns were also raised regarding individual First Nations who wish to continue using the direct service delivery of INAC Special Education Services and wording of the Resolution was changed to indicate that those First Nations would not be impacted by this Resolution.  Questions were also raised on the request by MKO for a review of the RMO and MFNERC and it was stated that as an incorporated entity, MFNERC is one step removed and a suggestion was made that an analysis be done on all the implications of having a Regional Managing Organization, as well, information to be provided on who the Board of Directors are (available in Chiefs packages).   

 

A brief discussion was also held that INAC RDG should not be included on the Agenda for this Conference as First Nations are able to identify their own priorities with regard to their educational requirements without INAC’s involvement.  First Nations must set their own priorities to counter INAC’s priorities. 

 

Discussion occurred regarding the option for First Nations to not join the RMO option and continue using the direct service delivery of INAC special education services. Concern was expressed on the implications of treaty rights on education and there is no treaty relationship with an incorporated entity. Some Chiefs expressed concern in not participating in the RMO while others expressed clear support.

 

Question was raised on how much authority or jurisdiction will First Nations lose by taking over the proposed Regional Management Organization.  If Education is considered a treaty or inherent right, including Special Education, how would this be advanced by an organization who becomes part of the federal system and how can they advocate treaty rights?  Question was also raised on whether the new staff of the proposed RMO be paid according to federal or provincial rates.

It was clarified that numerous meetings have been held with INAC specifically on the Resource Centre where Directors of Education were present, and INAC requested clarification on whether the RMO was a desired option by all First Nations as the department had been receiving BCR’s where some First Nations were expressing a desire to keep their relationship with INAC with regard to their Special Education needs.  Leadership was advised that this issue is up for discussion to determine whether the Chiefs want to take over this proposed organization.  It was stated that taking over this proposed organization would be taking over an administrative role.  Negotiations are nowhere near complete on this issue as there are a lot of outstanding issues and concerns.  It has also not yet been determined whether there will be more than one RMO per region, although INAC insists they will only fund one per region.

 

Suggestion was made that further discussion be held on the proposed Resolution because of the questions and concerns that are being raised on exactly what it will mean to First Nations to become the Regional Management Organization and a decision was made to go ahead with the vote.

 

RESOLUTION - May-06.01 - Special Education Regional Management Organization

 

Moved by:                  Chief Cornell Pashe, Dakota Tipi First Nation

Seconded by:              Chief Chris Baker, O-pipon-na-piwin Cree Nation

Vote:  15 – In Favour;  13 – Opposed;  9 – Abstentions;  8 – Did not vote

RESOLUTION CARRIED

Specific request was made by the Chief of Pine Creek First Nation that his vote opposing the resolution is recorded.

 

Decision was made that INAC will be present on Day 2 to make presentation.

 

·        JOINT AFN/INAC WORKING GROUPS ON EDUCATION UPDATE - POST-FMM EDUCATION DEVELOPMENTS - Peter Garrow, Director of Education, AFN

 

Peter Garrow provided a power point presentation update on the AFN/INAC Working Groups on post secondary education, jurisdiction and systems, special education and band operated funding formula. He spoke to the Auditor General’s Report which stated the educational outcomes gap between First Nations and other Canadians continues to grow. The 2% funding cap for First Nation programs has perpetuated the gap between First Nation and other Canadians. The AFN through the CCOE is recommending that First Nations work with INAC Education to develop a comprehensive Education Policy Framework by fully ensuring First Nations are centrally involved in the design and development of this significant document.

 

With respect to policy development the AFN stated it must be conducted with First Nations leadership, a national dialogue, have independent research and expertise and a clear mandate for change vetted through joint principled policy processes.

 

The Chair advised that the Resolution May-06-08 would be voted on now as agreement was reached on suggested changes to the Resolution.

RESOLUTION CARRIED

RESOLUTION - May-06-12 – Indian Languages and Cultures Task Force Report

 

Moved by:                  Chief Robert Maytwayashing, Lake Manitoba First Nation

Seconded by:              Chief Cornell Pashe, Dakota Tipi First Nation

RESOLUTION CARRIED

 

Request was made to ensure that all leadership are provided with a copy of the Task Force Report if they don’t already have a copy.

 

A brief discussion was held on what the plan is regarding the Western Premiers’ Meeting in Gimli and whether the Grand Chief or the Chiefs will attend the meeting to express their concerns with the lack of commitment by the new government to honour the Kelowna Accord.  Recommendation was made that Chiefs should show their presence such as was done long ago and welcome visitors, but at the same time, remind visitors that they are visiting Indian country.  Remind the Premiers and the Prime Minister that they are dealing with Indian governments when they come into Indian territory.  It was suggested that a plan be discussed over the evening for presentation to leadership on Day 2.

 

It was decided that the Grand Chief should make a presentation to the Prime Minister outlining all the concerns and issues that Manitoba First Nations have.  On Day 2, leadership will provide options and recommendations to formulate what the Grand Chief will present.

 

Meeting adjourned with a closing prayer by Elder Pashe.


ASSEMBLY OF MANITOBA CHIEFS

SPECIAL CHIEFS ASSEMBLY ON EDUCATION

DAKOTA TIPI FIRST NATION

WEDNESDAY, MAY 31, 2006

 

 

DAY 2

 

OPENING CEREMONIES

           

The pipe ceremony was conducted by Keith Pashe, Dakota Tipi First Nation

 

RE-CAP OF DAY ONE

 

Madam Chair indicated that a quorum was achieved to conduct business and provided a brief re-cap of Day 1 discussions including:

 

·        Resolution passed for continued support of the MFNERC

·        Resolution passed to support the Aboriginal Languages Initiative in Manitoba.

·        Resolution passed for the MFNERC to assume the RMO status for Special Education.

 

A lengthy discussion was held on the resolution passed regarding MFNERC assuming the role of RMO for Special Education. Clarification was requested on the vote count according to the Constitution of the AMC.  Of the 45 Chiefs present - 13 opposed, 9 abstained, 8 did not vote, and 15 voted in favor.  It was stated that only those in favour or opposed count as part of the majority and those who abstain or do not vote, are not counted as part of the majority required.  If consensus cannot be obtained, then a positive vote of a simple majority of registered delegates is sufficient to carry a resolution or decision.  A positive vote of a simple majority of registered delegates, which is presently 21 Chiefs, may conduct business and pass resolutions.  A quorum is established when 50% +1 of all the Chiefs and delegates are present when Assembly is called to order.  It was suggested that if this is not satisfactory, then leadership must request an amendment to the Constitution.

 

It was stated that a minority cannot lead First Nations people.  It was stated that there were 30 Chiefs that did not support the resolution, no matter what the Constitution states, and yet the resolution was carried.  It was requested by Chief Bone that he would be in support of an amendment to the rules so that it is clear that there is a real majority of Chiefs and Indians across Manitoba that are supportive of the various initiatives and decisions that leadership is being asked to vote on at Assemblies.  The FAI process was provided as an example where there was barely 50% + 1 of the Chiefs who supported the Initiative, a major initiative that is going to impact all First Nation people and is still encountering problems.

 

It was also suggested sections 4.8 and 4.9 have to be amended as well, because the issue of resolutions being provided well in advance of assemblies for thorough review is left up to interpretation. The Secretariat is aware of the rules and they have the responsibility to share all the resolutions that they require support on from leadership prior to an Assembly.

 

Articles 3.7, 3.3, 3.2 – of the Rules and Procedures dealing with quorum and voting require amendments as well.

 

·        REVIEW OF DAY 2 AGENDA

 

Madam Chair provided a review of the day’s agenda.

 

·        DISCUSSION ON CHIEFS’ PARTICIPATION AT THE PREMIERS’ MEETING WITH THE PRIME MINISTER IN GIMLI

 

Grand Chief Evans expressed disappointment on Prime Minister’s non-support of the Kelowna Agreement and provided 3 options for action/next step:

 

1.      Do nothing.

 

2.      Send a delegation to Gimli today to protest. It was commented that the Premiers support the decision made at the FMM in Kelowna - that it should be honored and implemented - or something similar.

 

3.      Draft letter to Prime Minister to be hand delivered to Premier Doer  to deliver to the Prime Minster, requesting a meeting with the Prime Minister and the Minister of Indian and Northern Affairs Jim Prentice to discuss issues of Manitoba First Nations and the lack of process and progress in dealing with long outstanding First Nation issues.

 

Decision

 

It was agreed to go with option #3 as the Chiefs may not get an audience with the Prime Minister. If the response is not satisfactory, then stronger action is encouraged. The government needs to be aware that Manitoba First Nations mean business and support the implementation of the Kelowna agreement. The Grand Chief indicated that he will be on CJOB at 10:00 p.m. tonight and will ensure First Nations intentions are known.

 

An article in the Free Press submitted by Grand Chief Evans was discussed and commended as an assertive approach on what First Nations’ needs are. It was also recommended to create awareness on Aboriginal Solidarity Day that First Nations issues need to be dealt with.

 

·        INAC MANITOBA REGION – EDUCATION DEVELOPMENTS - Mary Blais, Regional Director General, INAC

 

Mary Blais acknowledged the article in the Free Press and stated that INAC’s messages to Ottawa are the same and that education is fundamental and determines progress. The article points out grave issues in First Nations.

 

 

 

Her presentation focused on 2 issues:

 

1.   The Auditor General Report (AGR) – found INAC did a poor job in the delivery of quality education in First Nations. There is a long way to go to provide necessary support.  Strategies are required to respond to the AGR to implement new policies and education services to First Nations.

 

2.   Education Action Plan – developed by the joint committee is available.  The agreements made in Kelowna are not dead and the new government will see how that will unfold under this government. The foundation of the Action Plan is done on Management Frameworks in: reporting requirements by First Nations; Band Operated Funding formulas to move away to better ways of allocating resources; and, accountability to the members of First Nations and not to the Government of Canada.

 

The budget is now $450 Million to be shared with housing, health and socio-economic issues as a foundation to do the work that needs to be done.

 

According to the Free Press article, the High School (Grade 12) graduation rates in Manitoba First Nations are beyond alarming at 33% for 2004-05, 36% for 2003, and 37% in 2000.  First Nations students drop out at Grade 9.

 

She stated change needs to come from First Nations on a plan of action and discussions on who supports what. A Plan of Action was developed to close the gap and is pending final approval. Some of the recommendations included:

 

·        The establishment of a First Nation Education Department to monitor the education system;

·        A First Nations Education Act to look at what role the First Nation organizations will play;

·        How does INAC better provide services to First Nations schools;

·        Need to work together to put structures in place, including governance;

·        Clarify the roles and responsibilities of local school boards;

·        Need a collective agreement on options/issues to make it happen;

·        Need to make organization stronger with firm positions to address needs;

·        The leadership need to put plans in place at community level for our young people as our future leaders;

·        A response to the AGR needs to be ready and show significant results in Manitoba.

 

The Management Framework is INAC’s plan to turn the corner in Manitoba. Of the $450 Million a large portion will be allocated to Education. The establishment of school divisions and school boards is the logical next step but more discussions need to take place.

 

Time was provided for the Chiefs to question Mary Blais on her presentation.

 


 

LUNCH PRESENTATION by Juanita Cruz Jimenez, Indigenous Tojobal Activist, Southern Mexico

 

Ms Jimenez provided an overview of the situation of women and families in her country. She is pleased to be here and is happy to see participation because it paves the road. Her wish is to see solidarity for women in Chialis.

 

·        MANITOBA FIRST NATIONS EDUCATION ACTION PLAN - Chief Linda Twoheart, Sagkeeng First Nation

 

Chief Twoheart provided an overview of a power point presentation located in Tab 6 of the conference package.  Recommendation was made that Resolution be distributed for discussion as the Action is in the meeting packages for review. 

 

A request was made for elaboration on the Action Plan and it was stated that the Action Plan was developed because of concern over low graduation rates, low retention rates, and poor level of education experienced by First Nations, and the Action Plan was developed to identify the concerns and problems expressed.   

 

Concern was raised regarding aggregation as a way of taking away authority from communities and putting it in the hands of institutions and accountability of institutions that leadership set up.  It was also stated that some institutions do not take direction from leadership and this causes alarm.  Concern was also raised at the suggestion from INAC that the institution would become a Department of Education through legislation.  Chiefs do not want to delegate any of their authority to an institution.  Treaties were not signed by these institutions and the right to education is not about economies of scale.  Leadership was warned not to rush into creating institutions that take away authority from communities.

 

It was stated that all the concerns raised are the reason a Review under the Framework Agreement Initiative on delegated authority vs implementing jurisdiction under First Nations law has been initiated.  First Nations will determine if and when there will be an aggregate body in terms of providing services and not have it dictated or written into Agreements.  Leadership was advised that they are looking at expanding the Working Group to include Chiefs. 

 

Suggestion was made that documents under Tab 6 and 8 be reviewed further before a final decision is made.  It was clarified that the proposed resolution is requesting feedback and direction to develop an Action Plan on Education, and the final copy will be brought back to the Chiefs in Assembly for approval. 

 

RESOLUTION - May-06.03 - Manitoba First Nations Education Action Plan

 

Moved by:                  Chief Linda Twoheart, Sagkeeng First Nation

Seconded by:              Chief Chris Baker, O-Pipon-Na-Piwin Cree Nation

RESOLUTION CARRIED

 

A discussion on the RMO resolution issue was held and AMC’s Legal Advisor provided  clarification that 21 Chiefs are required to conduct business once a quorum is established on the first day of an assembly.  Section 3.7 of the Rules of Assembly states that consensus is preferred, and if not attainable, then a positive vote of a simple majority of registered delegates is required which refers to the original quorum, meaning there would have to be 33 Chiefs present and business could not be conducted on the last day.  3.7 must be amended to ensure that amendment 3.3 remains in effect which would ensure that business could be conducted with 21 Chiefs.  Yesterday 13 opposed and 15 voted in favor, 9 abstentions and 8 did not vote, essentially the 9 and 8 are non votes and that is the reason the resolution was passed.

 

Further discussion occurred amongst the Chiefs on the implications of abstaining and not voting. It was stated that because of the concerns with respect to this issue, it will be on the Agenda at the next executive meeting to recommend amendments to the constitution for discussion and decision at the next AGA. 

 

Leadership was reminded that prior to the vote on the RMO resolution, a suggestion had been made that this resolution be put in abeyance until further discussions can be held so that everyone understands all the issues and implications.  Question was raised by Chief Mercredi on what options leadership has when a resolution is passed even though the opposing and abstaining votes outnumber those in favour.  Can a minority control a majority is the big issue that requires a response.  It was suggested that no matter how you count the votes on the RMO Resolution, only a minority of the Chiefs present voted in favour of the Resolution.  Chief Mercredi stated that he has no intention of participating in a forum where dissent is not listened to and where people are railroaded into making decisions they don’t want to make and he wanted it on record that he does not want to stay in an organization like that.  He wants to be able to have an option of leaving an organization that doesn’t listen to leadership.

 

Question was raised on whether the proposed RMO will be an incorporated entity and clarification was provided that the MFNERC was required to be incorporated, and no other entity is being contemplated for incorporation.

 

A suggestion was made that since there are so many questions regarding the legality of the vote on the RMO resolution, that it be put in abeyance to ensure further discussions are held at a future assembly.

 

Chiefs were reminded that they voted on the amendments made to the Constitution.  Section 3.7 clearly requires an amendment.  It was also suggested that the quorum of 21 Chiefs is in effect only when required, such as the last day of the assembly when a lot of people start their journey home and it is difficult to conduct business, otherwise, the normal quorum of 50% + 1 of registered delegates is in effect.

 

Leadership was advised that the proposed RMO is still in the very beginning stages and many more discussions will be held.  It was stated that because of all the concerns raised, the RMO Resolution on Special Education would be put in abeyance until further discussions and clarification is provided through the Executive Committee in preparation for a full discussion and disclosure at the next Annual General Assembly.  It was stated that a Resolution will be drafted to reflect the request to defer the RMO Resolution until further discussions are held.

 

Suggestion was made that the Mover and Seconder should be given the opportunity to agree whether they want the Resolution that was passed as per the Constitution and Rules and Regulations put in abeyance. 

 

·        MANITOBA FIRST NATIONS POST-SECONDARY INSTITUTE UPDATE - Chief Linda Twoheart, Sagkeeng First Nation

 

Chief Twoheart provided the Overview of First Nation Statistics and Post Secondary Education Presentation located in Tab 7 of the conference package.

 

The history on the post secondary institute and its references to two resolutions in 1993 and another in 2001 supporting a First Nations Trades and Technology Institute was provided.  There was brief reference to the provincial area which is yet to be determined. Part of First Nations agreement looks at the different options such as, stand alone entity, partnership with an existing institute, or various forms of partnership or a virtual entity due to the advancements made to date. A number of recommendations were made on data collection in terms of the education levels where First Nations lag, the post secondary institute required leadership support to continue with planned developments.

 

·        Shirley Fontaine, Manager of FN Education Institutional Development, AMC

 

The power point presentation explains what First Nations hope to achieve for a post secondary institution.  It is critical to look at the long term education and training needs of First Nations people. The idea is to develop First Nation owned and controlled secondary education institutions which will protect languages, cultures, based on traditional values. It would include a needs assessment, long term training of goals to assess First Nation children, and how such an institution can meet their training requirements.

 

RESOLUTION - MAY-06.04 - Manitoba First Nations Post-Secondary Institute

 

Moved by:                  Chief David Crate, Fisher River Cree Nation

Seconded by:              Chief Marcel Balfour, Norway House Cree Nation

CARRIED

 

·        MANITOBA FIRST NATION MULTI SECTORAL WORKING GROUP UPDATE – Chief Twoheart, Sagkeeng First Nation

 

Chief Twoheart introduced the presentation as located under Tab 8 of the conference package.  In March 2001, the Chiefs in Assembly passed two resolutions one calling for a review of the Service Delivery Systems for First Nations with a Disability and the other dealing with a strategy to address the needs of First Nations Children with Disabilities. In 2003, AMC with the assistance of MFNERC forwarded a proposal to establish a Manitoba First Nations Disability Resource Centre to address the needs of First Nations people with disabilities. This proposal was not successful. In May 2004, a Multi Sectoral Working Group was established to address disability issues. The Working Group focused on the development of a comprehensive strategy for both children and adults off and on reserve. The next steps include a resolution for the Chiefs in Assembly to endorse the terms of reference and continued partnership approach with the federal and provincial partners in the development of a strategic plan to facilitate the development of a service delivery model for First Nations persons with disabilities in Manitoba. In addition, that regular reporting be provided to the AMC Chiefs on the plan and model.

 

RESOLUTION - MAY-06.05 - Manitoba First Nations Disability Multi-Sectoral Working Group Terms of Reference and Strategic Plan

 

Moved by:                  Chief Linda Twoheart, Sagkeeng First Nation

Seconded by:              Chief Ken Whitecloud, Sioux Valley Dakota Nation

CARRIED

 

RESOLUTION - MAY-06.09 - Post Secondary Education Funding Cap

 

Moved by:                  Chief Clarence Easter, Chemawawin Cree Nation

Seconded by:             Chief David McDougall, St. Theresa Point First Nation

CARRIED     

 

RESOLUTION - MAY-06.16 - Support for National Railway Blockade