A Second Look at the First Nations Control of First Nations Education Act

Due to the intense reactions to the First Nations Control of First Nations Education Act, important developments in the Act have been shunted aside without careful analysis.  While several aspects of the Act have proven unacceptable to the majority of chiefs, there are other aspects that offered major gains for First Nations and a reasonable response by the federal government.  This paper reviews in depth four key contentious issues that deserve a closer look: the relationship of the Act to treaty rights, financing provisions in the Act, the proposed Joint Council and control over First Nations education.  The paper does not attempt to resolve these issues – only to analyze them as objectively as possible while suggesting potential avenues for compromise in future.