NOTICE TO BAND MEMBERS
The Band Members had Ratified Education Jurisdiction. 139 voted YES
The vote for Education Jurisdiction has passed with 96%.
Jurisdiction over education on Seabird Island!
Seabird Island is assuming jurisdiction over education on Seabird Island, which requires Seabird Island to develop, approve and operate by its own Education Law. Our law-making protocol dictates that the draft Education Law be approved by Chief and Council, which happened on May 17, 2022, and be shared with community members for comments, with a 30 day response timeframe (deadline of July 21, 2022). It was posted on the SIB website and Facebook on May 18th, and went by mail on May 18th 2022 for those off reserve and with current addresses. It was presented at the admin quarterly meeting on July 13th, 2022.
No comments have been received, so the Education Law can now be formally approved and adopted. It will be presented at the Council meeting scheduled for August 16th, 2022, for final approval and adoption.
Seabird Island is assuming jurisdiction over education on Seabird Island, which requires Seabird Island to develop, approve and operate by its own Education Law. Our law-making protocol dictates that the draft Education Law be approved by Chief and Council, which happened on May 17, 2022, and be shared with community members for comments, with a 30 day response timeframe (deadline of July 21, 2022). It was posted on the SIB website and Facebook on May 18th, and went by mail on May 18th 2022 for those off reserve and with current addresses. It was presented at the admin quarterly meeting on July 13th, 2022.
No comments have been received, so the Education Law can now be formally approved and adopted. It will be presented at the Council meeting scheduled for August 16th, 2022, for final approval and adoption.
For more information, contact Henrie at hdeboer@seabirdisland.ca or Ph: 604-796-6913
Greetings Negotiating First Nations,
We are pleased to share this CBC news story with you that was released yesterday regarding our progress on the jurisdiction initiative. Congratulations to you all for your continued hard work and dedication to the initiative, it seems like the finish line is in sight!
First Nations Education Steering Committee
CBC news story;
Several First Nations in B.C. set to take full control over education on their lands
Advocates say it’s a move 50 years in the making.
In 1972, the National Indian Brotherhood — now the Assembly of First Nations — issued a policy paper called Indian Control of Indian Education. In 2022, at least four First Nation groups in B.C. are getting that control.
While most education is a provincial responsibility in Canada, First Nations education is under federal jurisdiction. But in 2006, the federal government passed legislation to allow individual First Nations in B.C. to take it over. (© 2022 CBC/Radio-Canada. All rights reserved)
PART 1
PART 2
PART 3
First Nation Jurisdiction Over Education Ratification and Pre-implementation Process
Ratification Process
The ratification process starts once the Seabird Island ‘s appointed negotiator accepts an offer from Canada. After that point, Canada will send funds to Seabird Island to support the ratification process.
Seabird Island Band members will vote on the Canada-First Nation Education Jurisdiction Agreement (Jurisdiction Agreement) and Education Law-Making Protocol.
Chief and Council are responsible for approving the Canada-First Nation Education Jurisdiction Funding Agreement (Funding Agreement).
Seabird Island will inform Canada once it has successfully completed the ratification process. Then, Canada will take the final steps to ratify the agreements on their part.
Once Canada ratifies the Jurisdiction and Funding Agreements they will initiate budget transfers for governance funding and the parties will sign
the agreements.
Lastly, Canada will pass an Order in Council to recognize the First Nation as a Participating First Nation (PFN).
On the effective date, the PFN will begin exercising jurisdiction over education.
Overview of Jurisdiction
Jurisdiction recognizes Seabird Island’s law making authority over their education system from K4 -grade 12. This will allow the First Nation to pass laws regarding their education system that are in the best interest of their communities and members.
Scope of Jurisdiction
Seabird Island will be able to exercise jurisdiction in all areas of K4 -grade 12 education on their land in accordance with a Canada-First Nation Education Jurisdiction Agreement.
Some areas of authority will be jointly exercised with other participating First Nations through the First Nations Education Authority (FNEA).
These include:
• Teacher Certification
• School Certification
• Graduation Requirements Curriculum, and course approvals
Entering Into Jurisdiction
In order for Seabird Island to enter into jurisdiction, the community must first provide their approval by ratifying the Canada-First Nation Education Jurisdiction Agreement (Jurisdiction Agreement) and the First Nation’s Education Law-Making Protocol. After a First Nation completes the ratification process, it will assume control over its education system and begin to exercise its jurisdiction.
Frequently Asked Questions:
How does the First Nation ratification process work?
A First Nation completes the ratification process by having the community approve the Jurisdiction Agreement and the Education Law-Making
Protocol through a community vote.
In order for ratification to be successful, [50% plus 1]of those who cast a vote must vote in favour of the agreement and the protocol.
Does [50% + 1} of the entire community have to vote in favour for ratification to be successful?
No. The entire community has to be given the opportunity to vote, but [only 50% +1] of those who actually cast a ballot have to vote in favour for ratification to be successful.
What happens if ratification is unsuccessful?
In the event that ratification is unsuccessful, the First Nation will not be able to enter into jurisdiction. If that happens, the First Nation may attempt to ratify the agreement and the protocol again through another vote, or choose not to pursue jurisdiction.
For more information please contact:
Henrie de Boer at: 604-796-6913 or
Email: hdeboer@seabirdisland.ca
Documents
Brochure
Community Jurisdiction
AFN First Nations Control of First Nations Education
Seabird Island Band jurisdiction over education March 2009
