Tripartite Education of Understanding with the Association of Iroquois and Allied Indians, Ontario and Canada

 Memorandum of Understanding
(Hereinafter referred to as the "MOU")

Between:

Association of Iroquois & Allied Indians
As represented by the Grand Chief of Chief's Council
(Hereinafter referred to as "AIAI")

-and-

Her Majesty the Queen in Right of Canada
As represented by the Minister of Indigenous and Northern Affairs
(Hereinafter referred to as "Canada")

-and-

Her Majesty the Queen in Right of Ontario
As represented by the Minister of Education, Ontario
(Hereinafter referred to as "Ontario")

(Collectively "the Parties")

Vision

As partners in education, this Memorandum of Understanding (MOU) commits the Parties to build on the current success of First Nation students of participating member communities throughout their life journey now and for future generations.

Introduction

AIAI is a non-profit organization, incorporated under the laws of the Province of Ontario, with its head office located on the Oneida Nation of the Thames First Nation in the Province of Ontario.

For the purposes of this MOU, the following First Nation communities are represented by AIAI:

Batchewana First Nation
Caldwell First Nation
Delaware Nation at Moraviantown
Oneida Nation of the Thames
Wahta Mohawks

Preamble

Whereas AIAI asserts the inherent right to educate our people, as granted by the Creator and reflected by the original spirit and intent of the Treaties and support First Nation jurisdiction;

Whereas AIAI agrees to work together with the Parties to affirm and implement First Nation culturally appropriate education standards based on community needs and expectations;

Whereas the Treaty and Aboriginal Rights of First Nation people are recognized and affirmed in section 35 of the Constitution Act, 1982, and the Treaties are a fundamental part of the relationship between First Nations, Canada and Ontario;

Whereas the Parties recognize the authority and autonomy of individual First Nation communities as represented by AIAI;

Whereas the Parties will work collaboratively and be guided by cultural sensitivity and awareness, acknowledging that many different First Nations have varied practices and histories that inform who they are today and how they will grow into the future;

Whereas the Parties believe in the importance of preserving, supporting, and revitalizing the languages of First Nation people and recognize the variation of language from First Nation to First Nation and the diversity of First Nations;

Whereas the Parties agree to work together to support First Nation students in achieving holistic success and their full learning potential so that students  may have the opportunity to acquire the skills needed to enter the labour market and be full participants in a strong First Nation community  and the Canadian economy;

Whereasthe Parties have agreed to initially pursue their joint activities under the Education Partnerships Program as established by Indigenous & Northern Affairs Canada (INAC); and,

Whereas the Parties commit to work collaboratively, collegially, and as expeditiously as possible toward improving educational outcomes for First Nation students from First Nation communities represented by AIAI.

Therefore the Parties set out their understanding as follows:

Guiding principles

  1. The Parties will act toward each other in good faith and with respect.  This MOU will be interpreted and implemented in a manner that will support the holistic development of First Nations students and promote culturally appropriate processes that reflect unique First Nation communities' perspectives.

Objectives

  1. The primary objective of this MOU is to form an education partnership among the Parties for the purposes of improving the holistic development and learning outcomes of K-12 First Nation students. 
  2. The work undertaken pursuant to this MOU will enhance:
    • educational outcomes of students in participating First Nation communities;
    • existing education resources and professional capacity;
    • collaboration of knowledge and practices; and
    • awareness of Indigenous knowledge and learning ways

Priorities

General articles

Partnership Management

  1. A Working Group will be established to further the objectives and priorities as set out in this MOU. The Working Group will be comprised of representatives of the Parties.
    1. The purpose of the Working Group will be to oversee the activities agreed upon in the Joint Action Plan.  As such, this Working Group will be responsible for the following:
      1. Developing the Joint Action Plan
      2. Reviewing, evaluating and recommending future direction of the Joint Action Plan;
      3. Updating the Joint Action Plan as necessary;
      4. Addressing education issues and making recommendations when requested by the Parties and with the agreement of the Working Group; and
      5. Any other responsibilities as agreed upon by the Parties which are consistent with the Vision and Objectives of this MOU.
    2. The Working Group will meet quarterly, or as needed, to review progress, and to report as required to the leadership or senior officials of each Party on progress and challenges in addressing the priority areas.

Implementation, Assessment and Evaluation

  1. AIAI will have the primary responsibility for the administration and implementation of the Joint Action Plan. The Parties will have the shared responsibility for monitoring, evaluating and meeting the requirements as set out in the Joint Action Plan.
  2. The Parties agree that any information shared between the Parties shall be done so in a manner that is consistent with all applicable, federal, provincial and municipal access to information and privacy legislation.
  3. Where required by law, AIAI shall obtain student, parent, or guardian consents, as applicable, for the collection of, or sharing of, students' personal information. All parties agree that they will make reasonable efforts to minimize the need for the use of any personal information in undertaking any activity pursuant to this MOU. Canada and Ontario agree to provide AIAI with information that may assist and inform education program enhancement and development as deemed appropriate by the Parties. The Parties acknowledge that Ontario and school boards are bound by applicable access to information and privacy legislation.
  4. AIAI agrees to enter into data sharing and communication protocols with First Nation communities.  

Amendments

  1. This MOU may be amended with the mutual agreement of the Parties.  

Participation

  1. AIAI will provide to Canada and Ontario copies of Band Council Resolutions from First Nation communities that wish to participate in activities that result from this MOU.
  2. During the term of this MOU should other First Nation communities wish to be represented by AIAI in the MOU, it shall do so by submitting a Band Council Resolution to AIAI. Once approved by AIAI, a copy of the Band Council Resolution shall be provided to Ontario and Canada.   
  3. During the term of the MOU should a First Nation community wish to withdraw their support for representation by AIAI in the MOU, it shall do so by submitting a Band Council Resolution to AIAI which will in turn provide this to Ontario and Canada.

Scope

  1. 14. This MOU is a statement of intent by the Parties and is not legally binding. It is not intended to define, create, recognize, deny, or amend any of the rights of the Parties nor to require AIAI, Ontario, or Canada to act in a manner inconsistent with any applicable laws and regulations.
  2. This MOU is not intended to alter or amend any existing jurisdictional responsibilities with respect to First Nation education nor to impact in any way existing agreements that are in place with respect to First Nation education.
  3. Nothing in this MOU will be construed so as to abrogate or derogate from the Aboriginal or treaty rights of the Aboriginal peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.

Term

  1. This MOU shall be in effect once representatives of the Parties have signed it and shall remain in force for five (5) years unless terminated by any Party upon sixty (60) days written notice provided to each of the other Parties, or unless extended by mutual agreement of the Parties.

Signature page

SIGNED on behalf of the Association of Iroquois & Allied Indians, as represented by the Grand Chief

 

_________________________________
Mr. Gord Peters
Grand Chief

Date: _________________________________

 
 

SIGNED on behalf of Her Majesty the Queen in right of Canada, as represented by the Minister of Indian Affairs and Northern Development

 

_________________________________
The Honourable Carolyn Bennett
Minister of Indigenous and Northern Affairs

Date: _________________________________

 
 

SIGNED on behalf of Her Majesty the Queen in Right of Ontario, as represented by the Minister of Education

 

_________________________________
The  Honourable Mitzie Hunter
Minister of Education

Date: _________________________________

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