The ANEA

DRAFT ANISHINABEK NATION EDUCATION AGREEMENT

The Plain Language Version [1]

The draft Anishinabek Nation Education Agreement (the “Education Agreement”) is a proposed self- government agreement between Canada and the Anishinabek First Nations under which Canada recognizes First Nation jurisdiction over Primary, Elementary and Secondary Education. This Education Agreement was initialed by the Union of Ontario Indians and Canada in July 2015.

The Parties to the Education Agreement are the Anishinabek First Nations that ratify the Education Agreement and Canada, represented by the Minister of Indian Affairs and Northern Development.

This document describes what is in the Education Agreement.

PREAMBLE

 The Preamble consists of 15 statements that describe the context for negotiating the Education Agreement.

The Preamble is not legally binding. It allows each Party to state their positions on education and their intent in negotiating the Education Agreement.  Statements in the Preamble made by one Party are not necessarily agreed to by the other Party.

Everything that is included after the Preamble is legally binding for the Participating First Nations and Canada after the Education Agreement is ratified.

CHAPTER 1                         DEFINITIONS

The Definitions are legal terms for this Education Agreement only. These have been negotiated and agreed to by the Parties. They appear in capital letters throughout the Education Agreement.

Interpretation

There are some sections here that provide guidance on how to interpret that Education Agreement.  For example, singular includes the plural, “will” is an obligation, “may” is permissive, etc.

CHAPTER 2                          PURPOSE

 This Agreement:

  • sets out the Participating First Nations law-making authority and other authority over Primary, Elementary and Secondary Education;
  • sets out the Participating First Nations authority to administer the Post-Secondary Education Program;
  • provides for the establishment of the Anishinabek Education System structures;
  • provides for the funding arrangements to support the Anishinabek Education System and the delivery of education programs and services; and
  • describes implementation, among other

The Education Agreement does not prevent Participating First Nations from entering into agreements or treaties with others on any topic, including education.

CHAPTER 3       GENERAL PROVISIONS

This Education Agreement:

  •  is based on the recognition that the inherent right of self-government is an existing aboriginal right;
  • will not take away from or add anything to our Aboriginal and Treaty Rights; and
  • is not a

The fiduciary relationship between Canada and First Nations will continue.  Canada’s fiduciary obligations may change over time.

The Canadian Charter of Rights and Freedoms applies to each Participating First Nation as it exercises its authority under the Education Agreement.

Each Participating First Nation and the KEB is not responsible for anything done or omitted to be done by Canada. Further, Canada is not responsible in respect of anything done or omitted to be done by a Participating First Nation, the KEB or any person or entity authorized to act on behalf of a Participating First Nation.

The First Nations will defend any claim against Canada for something the First Nations did or did not do. Canada will defend any claim against the First Nations for something Canada did or did not do.

Each Participating First Nation will be eligible to participate in and benefit from federal programs or services that complement or supplement but not duplicate the programs or services under the Education Agreement.

Canada and the Participating First Nations cannot challenge the validity of any section of the Education Agreement.

A breach of the Education Agreement does not relieve any Party from their obligations under this Education Agreement.

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