Draft Sub-Agreement with respect to education, Mohawk language and culture January 17, 2001

Date: (January 17, 2001)

PDF Version (24 Kb, 8 pages)

BETWEEN

The Mohawks of Kahnawake, acting through the Mohawk Government of Kahnawake, as represented by the Grand Chief of the Mohawks of Kahnawake (hereinafter referred to as "Kahnawake")

AND

Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development (hereinafter referred to as "Canada")

NOTE: This document will form the basis for consultation by each party.

Table of contents

1. This is the draft sub-agreement with respect to Education, Mohawk Language and Culture as contemplated by clause 9 (r) of the Umbrella Agreement and it includes the provisions of the Umbrella Agreement.

NOW THEREFORE THE PARTIES agree that:

Definitions

"Agreement" means this draft Sub-Agreement with respect to Education, Mohawk Language and Culture;

"Final Agreement" means the sub-agreement with respect to Education, Mohawk Culture and Language to be concluded substantially in the form of this Agreement;

"Kanien'kéha" means the First Nation Dialect of Iroquois spoken by the Kanien'kehá:ka;

"Kanien'kehá:ka " means "The People of the Flint". This is the name which the People known to the rest of the world as "Mohawks" call themselves;

"post-secondary education student support funding" means DIAND program funding provided in support of post secondary education;

"primary education" means pre-school, primary and elementary education;

"secondary education" means high school education;

"special education" means culturally appropriate education or special needs education.

Purpose

2. This Agreement describes the jurisdiction or authority to be exercised by Kahnawake with respect to Education, Mohawk Language and Culture.

Part I: Kahnawake Clauses

A. Education

3. Kahnawake has established institutions, procedures and mechanisms to deliver education on Kahnawake Territory.

4. Kahnawake formed the Kahnawake Combined Schools Committee in 1968 to deliver education services and programs in a manner to preserve the language and culture of their Mohawk community.

5. Kahnawake, through the Kahnawake Combined Schools Committee, provides primary, secondary and special education and administers the DIAND post- secondary support funding, through a Financial Transfer Arrangement with Canada.

6. Kahnawake affirms that its education system provides its students with well balanced and superior learning opportunities through parental governance, innovative teaching methods and powerful curriculum based on Kanien'keha:ka language, values, beliefs and traditions.

B. Culture

7. Kahnawake formed the Kanien'kehá:ka Raotitióhkwa Cultural Center in 1978 to provide services and facilities in a manner dedicated to the enhancement, promotion and preservation of Kanien'kehá:ka culture for future generations in the practice of Kanien'kehá:ka beliefs, customs, language, traditions and laws.

C. Mohawk Language

8. In support of the view that the Kanien'kéha language is an integral aspect of culture and an invaluable gift from the Creator which should be taught, transmitted and used in everyday life to ensure its survival for future generations in the practice of the Kanien'kehá:ka beliefs, customs, values, traditions and laws, Kahnawake formed the Onkwawén: na Language Center in 1996 to implement measures and deliver services that will restore and revive the Kanien'kéha language from its presently endangered state within Kahnawake Territory.

Part II: Description of Jurisdictions

A. Education

9. Kahnawake has jurisdiction with respect to primary and secondary education as well as special education on Kahnawake Territory for those members residing on Kahnawake Territory.

10. Kahnawake has authority with respect to the administration of post-secondary student support funding for members.

11. Kahnawake will provide for the continuing ability of students to transfer between education systems without academic penalty to the same extent as transfers are effected between other education systems in Canada.

B. Culture

12. Kahnawake has jurisdiction with respect to the maintenance, preservation, practice, enhancement and promotion of Kanienkéha:ka culture on Kahnawake Territory.

C. Mohawk Language

13. Kahnawake has jurisdiction with respect to the maintenance, preservation, use, enhancement and promotion of Kanien'kéha language on Kahnawake Territory.

Part III: Specific Rules for Resolving Conflicts Between Laws

14. Kahnawake laws enacted pursuant to this sub-agreement will apply to their fullest extent in Kahnawake Territory.

A. Education

15. In the event of a conflict between a provision of a Kahnawake law, which provision is in relation to education, and a provision of a federal law, which provision is in relation to First Nation education, the provision of the Kahnawake law will prevail.

B. Culture

16. In the event of a conflict between a provision of a Kahnawake law, which provision is in relation to Kanien'kehá:ka culture, and a provision of a federal law, which provision is in relation to First Nation culture, the provision of the Kahnawake law will prevail.

C. Mohawk Language

17. In the event of a conflict between a provision of a Kahnawake law, which provision is in relation to Kanien'kéha language, and a provision of a federal law, which provision is in relation to First Nation languages, the provision of the Kahnawake law will prevail.

Part IV: Agreements with Other Governments or Institutions

A. Education

18. Kahnawake may negotiate agreements with other governments or institutions, on the exercise of jurisdiction by Kahnawake with respect to areas of education not covered in this Agreement including curriculum development, education level equivalencies, teaching methodologies, programs and standards, teacher certification, teacher training and developments and evaluation of the education systems.

19. Canada may negotiate with Kahnawake and other governments any matters that may be required with respect to the exercise of jurisdiction by Kahnawake in these other areas.

20. Kahnawake may enter into agreements with other governments or institutions with respect to the delivery of education services and any other matters required for the implementation of this Agreement.

B. Culture

21. Kahnawake may negotiate agreements with other governments, on the exercise of jurisdiction by Kahnawake with respect to areas of Kanien'kehá:ka culture not covered in this Agreement.

22. Canada may negotiate with Kahnawake and other governments any matters that may be required with respect to the exercise of jurisdiction by Kahnawake in these other areas.

23. Kahnawake may enter into agreements with other governments or institutions with respect to the delivery of Kanien'kehá:ka cultural services.

C. Mohawk Language

24. Kahnawake may negotiate agreements with other governments, on the exercise of jurisdiction by Kahnawake with respect to areas of Kanien'kéha language not covered in this Agreement.

25. Canada may negotiate with Kahnawake and other governments any matters that may be required with respect to the exercise of jurisdiction by Kahnawake in these other areas.

26. Kahnawake may enter into agreements with other governments or institutions with respect to the delivery of Kanien'kéha language services.

Part V: Status of This Agreement

27. The parties agree to use this Agreement as the basis for negotiating a Final Agreement.

28. This Agreement does not create legal obligations binding on the parties.

Part VI: Statement Regarding the Government of Quebec

29. The parties agree to use this draft Agreement as the basis for discussions with the Government of Quebec.

Part VII: Indian Act Provisions Which No Longer Apply

30. The sub-agreement with respect to Education, Mohawk Language and Culture will identify the provisions of the Indian Act that will cease to apply on the coming into force of the Kahnawake laws with respect to education, mohawk language and culture, as the case may be.

Part VIII: Ratification of Final Agreement

31. Kahnawake will ratify the Final Agreement as set out in the Umbrella Agreement.

32. Canada will ratify the Final Agreement as set out in the Umbrella Agreement.

Did you find what you were looking for?

What was wrong?

You will not receive a reply. Don't include personal information (telephone, email, SIN, financial, medical, or work details).
Maximum 300 characters

Thank you for your feedback

Date modified: