WHAT WE HAVE NOW – Indian Act (Section 114 to 122)
- Minister has responsibility/authority to establish, operate and maintain schools and to provide education to Indian children through agreements with the province, school boards, and religious organizations Section (S.) 114
- Minister regulates and sets standards for education, teaching, buildings, equipment, inspection, discipline and transportation Section (S.) 115, and decides who must attend school Section (S.) 116 and 117
- Sections 118 to 122 are still in effect, although not enforced: Religious denomination of child’s school same as parents, either Protestant or Roman Catholic (Section 118), Truant officers have powers to enforce attendance, enter homes, use force, and take children into custody (Section 119), Band majority’s denomination or a vote decides denomination of teachers on reserve (Section 120), Protestant or Roman Catholic minority of band may have a separate day school or classroom, with Minister’s approval (Section 121), Section 122 defines child, school, and truant officer, which includes teachers and Chief;
- Since 1972, the operation of schools and delivery of education programs devolving to First Nations
- Administrative authority delegated and limited by INAC policy. Education jurisdiction and authority in the hands of First Nations Provincial curriculum and teaching methods;
- Indian Affairs has authority to provide education programs and services to Indian children up to age sixteen (16)
The Anishinabek Education System is intended to address these longstanding issues and transfer jurisdiction of education to participating Anishinabek Nation First Nations.