Mi'kmaw Kina'matnewey
47 Maillard Street • Membertou, NS • B1S 2P5
Tel: (902)567-0336 Fax: (902)567-0337
E-mail: mkeducation@kinu.ca

Summary of the Agreement in Principle With Respect to Governance in Education

Signing of AIP

  1. Parties:

    2.  
      (a) This Agreement which is called an Agreement in Principle, is entered into by Canada and the Mi'kmaq Nation in Nova Scotia represented by Chiefs of the 13 bands.
       
  2. Background:

    3.  
      (a) The Mi'kmaq Nation in Nova Scotia through the Chiefs entered into a Political Accord with Canada in November, 1994. The purpose of that Political Accord was to start discussions which would result in the Mi'kmaq controlling their own education.

      (b) The long-term goal, which all parties recognize, is the full recognition of the inherent right to self-government through a treaty. Until that has been done it is agreed that the best approach is to have Mi'kmaq jurisdiction in education recognized by Federal Government legislation.

      (c) The Agreement in principle clearly states that it is not intended to limit or define the inherent right to self-government and the Mi'kmaq have entered into the Agreement in Principle without accepting Canada's policy on the Implementation of the Inherent Right to Self-Government.

       (d) The Agreement also states that nothing is to be construed as to in any way diminish or limit any aboriginal, treaty or other rights or to in any way affect the fiduciary obligations of Canada.
       

  3. Final Agreement:

    4.  
      (a) The Agreement in Principle is not a binding contract. It is really the "blue print" for the Final Agreement. The Final Agreement will be signed only after a community consultation process.

      (b) Canada has agreed to introduce legislation in Parliament to formally recognize the right of the Mi'kmaq to exercise jurisdiction in the way described in the Final Agreement.

      (c) The Final Agreement will have a section dealing with how Mi'kmaq laws, Federal laws and Provincial laws will relate to each other. This will set out the areas within which the Mi'kmaq Nation will be able to pass laws.

      (d) The Agreement states that prior to signing the Final Agreement, agreements will be reached with the Province of Nova Scotia confirming the recognition of Mi'kmaq jurisdiction and making provisions for education services to non-members who do live on reserves.
       

  4. Services Provided:

    5.  
      (a) The Final Agreement will confirm Mi'kmaq jurisdiction over kindergarten for four and five year olds, elementary education, secondary education and post-secondary education student support. With respect to post-secondary education student support, the Final Agreement will apply to all members. In other areas, it applies to members who live on reserves. Whether a person lives on reserve may be determined by a band residency by-law.

      (b) Members who live on reserves will receive educational services from their First Nation.

      (c) All members will receive post-secondary student education support in accordance with laws passed by the First Nation.
       

  5. Education Organizations:
      6.  
      (a) The constitution of the Mi'kmaw Kina'masuti (Mi'kmaw Education) will be attached to the Final Agreement.

      (b) First Nations may create their own local education boards. These may be set up by the Band Council in each community. The local education board of the Band Council will have the power to pass laws dealing with education and which have effect on that First Nation reserve. Band Council may choose to pass the laws themselves and not create Boards.

      (c) At both levels there must fair and open procedures with ready access to information by members. There must be conflict of interest guidelines for both elected and non-elected officials.

      (d) The Agreement in principle states that there must be systems in place to make sure that the money approved by Parliament has been used for education.
       

  6. Community Approval:

    7.  
      (a) Before being signed, the Final Agreement must be accepted by the First Nations communities. The Agreement in principle says that it will be submitted for community approval by a process defined by the Mi'kmaq Nation. The community consultation process will extend from the signing of the Agreement in principle to the approval by communities of the Final Agreement.

      (b) The Final Agreement will apply only to those communities which approve it.
       

  7. Term of the Final Agreement:
      8.  
      (a) The Mi'kmaq Nation in Nova Scotia will exercise jurisdiction in education only for as long as a satisfactory funding agreement is in place.

      (b) One year before the current funding agreement is scheduled to run out, the parties will begin negotiate a new funding agreement. If the an agreement cannot be reached, Canada will then exercise jurisdiction with respect to education.
       

  8. Funding Principles:
      9.  
      (a) The Agreement in Principle contains principles for funding which will be included in the funding agreement. These principles set out in general how the budget has been calculated.

      (b) The transfer of funds will be for a period of five years.

Comments:
 This is a summary of the Agreement in Principle. It does not contain every section of the Agreement and the wording is not the same as in the Agreement. If you want to see the exact terms you should read the Agreement in Principle.

If you would like to request a copy of the Agreement in Principle, please see home page for further instructions.