Yellowknife (Dec 08/03) - Aboriginal students in NWT schools should not have to pay school fees, according to the minister of education. Charging school fees conflicts with the Treaty rights of these students.

What do they pay? Section 117 of the Education Act states it is up to the education bodies to decide whether or not they want to fix prices for textbooks and materials. Treaty right holders are exempt from this decision because of section 4.1 of the act, which states that where there is a conflict between it and aboriginal rights, the aboriginal rights prevail to the extent of the conflict. Fees currently charged to NWT students: Yellowknife Education District No. 1 Kindergarten to Grade 5 -- $25/year Grade 6-8 -- $40/year, plus $60 caution fee returned at end of year Grade 9-12 -- $100/year K'alemi Dene school excluded Yellowknife Catholic Schools K-5 -- $35/year 6-8 -- $68/year 9-12 -- $100 Commission Scholaire Francophone de Division all Grades -- $35/year Deninu school, Fort Resolution K-12 -- no fees charged

But while school boards are now saying they will stop charging those fees, no school board has so far said it will refund this school year's fees, or refund fees charged in previous years.

All three districts in Yellowknife were alerted by a directive from Minister Jake Ootes in November to stop charging Treaty right students school fees.

Up to 500 students could have been paying fees they didn't need to, admits the Yellowknife Catholic school district. The public school board says 40 per cent of its students could be affected.

Students are charged the fees in September of each year to cover expenses such as textbooks and other school materials.

Ootes explained the directive is a reminder to the districts, which came about after a parent with Treaty children in the city complained they were paying fees.

"The Treaty right holders do not have to pay for supplies or school fees," says Ootes.

"They shouldn't be charged. It should have always been that way," he says.

Dan Daniels, assistant deputy minister of education, says the issue has come up over the years. The directive is an attempt to finally clarify the issue. He says the Department of Education, Culture and Employment was always aware that some schools in NWT were charging annual fees.

Mike Huvenaars, assistant superintendent of business for Yellowknife Catholic schools, says the conflict was news to the district.

He says YCS will have to look elsewhere for funds once they lose the revenue brought in by the close to 500 aboriginal students across three schools.

"We have charged school fees for years. We believed that under section 117 of the Education Act, we could charge school fees," he says.

In the directive, Ootes points out that section 4.1 (2) of the act states that where there is a conflict between the act and aboriginal rights, the latter prevails. YCS is currently reviewing its fee policy and will make a decision within three months, says Huvenaars.

"We will follow the minister's directive," he says.

Yellowknife (public school) Education District No. 1 has much the same story.

Superintendent Judith Knapp says the district wasn't aware of the conflict, but will stop charging treaty rights holders as of the 2004/05 school year.

Knapp says the task is difficult because the district doesn't ask for Treaty cards from students.

The first step will be to identify students affected by the directive. She estimates the aboriginal population of Yellowknife 1's eight schools at 40 per cent, not all of who would be Treaty right holders.

"We've really got to access how many students it affects," says Knapp. Knapp says the loss in funding may affect sports and other extracurricular events in schools.

One more success in fight

This move is just one success in a long fight for Treaty right holders, says Bill Erasmus, Assembly of First Nations regional chief.

"Education is a Treaty right. In exchange for allowing people to come onto their land, one of the provisions was to allow education for our people," he says.

He congratulated Minister Ootes for putting the directive in writing, to ensure no more student's rights are challenged. Erasmus has always paid school fees for his children as they moved through the city's Catholic schools. This decision comes when his daughter is in her graduating year at St. Patrick high school.

Yellowknives Dene housing manager in Ndilo, Gerry Cheezie, has three children, one who has attended schools in both Catholic and public districts.

Originally from Smith's Landing, his wife Shirley is a member of Yellowknives Dene. Cheezie is well aware of his family's Treaty rights.

He called education benefits part of the "contract" Dene have with the federal government.

Having resisted the school districts' demands to pay the school fees, Cheezie did give in to pressure on at least one occasion.

"At Mildred Hall they didn't push because Diane Blesse understood the issue," said Cheezie.

It was a different story at William McDonald. He said his child was told they could not participate in outside activities or have a locker.

"They were holding our kids' education up for ransom: (they were a) modern day Billy the Kid," said Cheezie.

"The kids would miss out, but other teenagers would have laughed at them if they had no place to keep their stuff. So I gave in."

He knows of other Dene parents faced with the same dilemma. Some paid, others didn't. With the latest education department directive, Cheezie vows not to pay the fees again.

"It's beyond a matter of principle," he said. "It's a signed deal. I'd like to get the money I paid back."

-- With files from Northern News Services staff.