Chief Shawn Atleo should tear up First Nations Education Act
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By Pamela Palmater | April 30, 2014
Dr. Pamela D. Palmater is a Mi'kmaw lawyer and member of the Eel River Bar First Nation in New Brunswick. She teaches Indigenous law, politics and governance at Ryerson University and heads their Centre for Indigenous Governance.
The National Chief of the Assembly of First Nations (AFN) Shawn Atleo made a "historic" deal with Prime Minister Stephen Harper on First Nation education. What makes this deal so historic? Well, it's the deal that no First Nation asked for and it's one that Atleo had no power to make. It's historic because not only will Atleo go down in history as the worst National Chief, but he has taken the AFN down with him. For the most part, many Regional Chiefs sat by and watched him do it. Now, the AFN thinks that by analyzing its own deal, this will help make the bitter taste of assimilation wash down more easily. They are wrong.
It is important to understand that Atleo has absolutely no independent political power as National Chief. The AFN's Charter is very specific about this. So, all of his deal-making with Canada is outside the legal scope of this authority. The Prime Minister, who is not a signatory to the treaties between First Nations and Her Majesty, is also acting outside the legal scope of his power. Harper has no power to unilaterally amend treaties or violate constitutionally protected treaty rights. Yet, this political duo is taking matters into their own hands and changing the rules in education and treaty rights -- just like they both promised at the Crown-First Nation Gathering.
The opposition to this deal is not new -- it has been significant and consistent throughout the last few years. Three provinces of First Nations pulled out of the National Panel on Education -- Saskatchewan, Quebec and Ontario -- as a strong message to Atleo that he did not have the mandate to make a deal on First Nation education. Atleo did not listen. He forged ahead despite the growing opposition. The Chiefs in Assembly passed numerous resolutions against Atleo making any deals on First Nation education and specifically against education legislation. Atleo hung on tightly to Harper and forged ahead despite growing calls for his impeachment.
Then came the "deal" -- the promise of adequate funding, First Nation control and legislation that would recognize our Aboriginal and treaty rights to education. From the moment Atleo-Harper held their joint press conference, First Nations knew we were in trouble. Atleo sang songs about how he was saving our children from the status quo while Harper countered every point Atleo made -- although with great tact.
When Atleo realized that Harper wasn't singing the same song, Atleo sent a strongly worded letter asking whether or not any of the promises Atleo made to First Nations were in fact going to be kept by Harper. The answer was no. Instead of throwing away his pride, admitting to his colossal mistake and standing with First Nations against Harper's assimilation agenda, Atleo stood by Harper.
What followed was political propaganda from Harper, Minister Valcourt and Atleo meant to save the deal from being challenged in the public arena. AFN's open letters, statements, clarifications and press releases were desperate acts of damage control. It was too late -- Chief Gilbert Whiteduck filed a judicial review against Canada about the proposed legislation. First Nations spoke honestly and critically in the media about the damage this proposed Act would do. Lawyers, academics, analysts and political commentators all seemed to come to the same conclusion: the Act did not reflect First Nation control or protect treaty rights, and even the funding was an illusion.
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