First Nations Jurisdiction Over Education

Practice Point

First Nations Jurisdiction Over Education
6
Aug

August 6, 2025

SEVEN FIRST NATIONS IN BC PARTICIPATE IN THE FIRST NATIONS EDUCATION JURISDICTION INITIATIVE at present: ʔaq’am, Cowichan, Lil’wat, Seabird Island, Canim Lake Band, Ditidaht First Nation and Sḵwx̱wú7mesh Úxwumixw (Squamish Nation).

A November 2024 “one-pager” explains that

First Nations education jurisdiction refers to the authority of First Nations to control First Nations education by passing their own education laws.

The first milestone in the initiative was the signing of a “Memorandum of Understanding with Respect to First Nations Authority and Jurisdiction over Education” in 2003 by Canada, BC, and First Nations represented by FNESC, under which the parties agreed to work together to implement First Nations’ jurisdiction over education. Since then, Canada and BC have formally recognized First Nations’ inherent right to pass laws related to education by entering into a Framework Agreement in 2006 and enacting supporting federal legislation in 2006 and provincial legislation in 2007. Together, these paved the way for First Nations to enter into education jurisdiction agreements with Canada, which recognize First Nations’ law-making authority over their Kindergarten to grade 12 education systems on their land.

The First Nations Education Authority (FNEA), in operation since July 1, 2022, is an independent body assisting Participating First Nations (PFNs) with:

  • Certification and regulation of teachers (other than First Nations language and culture teachers);
  • School certification;
  • Graduation requirements and approval of courses required for graduation; and
  • Any other matters that may be delegated to FNEA by PFNs in the future.

The FNEA logo was designed by Ts’mysen artist Kelli Clifton. You can read the artist’s statement here.

Jurisdiction agreements, enabling legislation, FNEA Rules, teacher performance standards, model law and governance resources, and other FNESC and FNSA resources are available from links at this page.

The FNEA works in partnership with the First Nations Education Steering Committee (FNESC). The FNESC “is a policy and advocacy organization that represents and works under the direction of First Nations in British Columbia to achieve quality education for First Nations learners and advance First Nations education in BC.”

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We acknowledge that the land on which we work is the unceded territory of the Coast Salish peoples, including the territories of the xʷməθkwəy̓əm (Musqueam), Skwxwú7mesh (Squamish), and Səl̓ílwətaʔ/Selilwitulh (Tsleil-Waututh) Nations.