The question of governance is not on the table for discussion in relation to education reform, says Premier Dennis Fentie.

'If first nations want a higher level of decision-making for education, they have negotiated that in their (self-government) agreements,' said Fentie.

First nations have a right to draw down education under Section 17 of most self-government agreements.

That is an option for first nations, said Fentie, but it is not what the Education Reform Project is mandated to discuss.

The government, he said, is committed to providing a public education system and will not host discussions that would dilute that.

'All I'm doing is making it clear is that the Yukon Party and the Yukon Party government is not going to devolve public jurisdiction. Period,' said Fentie.

'What we're doing is conducting a reform process in partnership with first nations that would include community decision-making to a higher degree if the public wants that.'

The government will make every effort during the reform process to make the system more receptive to first nations language and culture and to allow communities to have more involvement in decision-making, but it will not devolve public jurisdiction, he said.

'It is not on the table,' he told reporters Tuesday. 'Nothing outside of the parameters and responsibilities that come within public government's jurisdiction.'

NDP Education critic Steve Cardiff said he agrees ultimate responsibility for the education system must lay with the minister and the government, but any true discussion of education reform must involve the sharing of power and responsibility.

'There needs to be participation in the governance,' said Cardiff. 'It's about shared governance. It's about allowing other people to have some meaningful input on a regular basis, not just every time you review the Education Act.'

A process to allow communities, first nations, parents and school councils to have more input into decisions is a must, said Cardiff. He added they must also be permitted to make some of their own decisions.

If some sort of agreement can't be reached in the discussion of governance, administration and languages, the entire education reform process is likely to fail, he said.

First nations are trying to work with government to get what they need for their children in the education system, said Cardiff.

But if the government isn't willing to share power and be real partners in education, many first nations will inevitably decide to draw down the programs, he added.

Kwanlin Dun, Na Cho Nyak Dun and Little Salmon-Carmacks have begun the process of negotiating the transfer of education to their governments.

Some first nations do want to draw down education, said Joe Linklater, chair of the chiefs committee on education and a member of the Education Reform Project's executive committee. Others, he added, want more information on how the government intends to address the education system.

If partnerships aren't established, there are first nations that feel the only option is to draw down education, Linklater said.

The $1.5-million Education Reform Project is a two-year initiative announced in August 2005.

A joint project between the Council of Yukon First Nations (CYFN) and the territorial government, it is aimed at addressing the gap between first nation and non-first nation student outcomes in education.

The notion of co-governance, or the sharing of jurisdiction, between the two orders of government was never part of the reform project's mandate, said Linklater. But he understands governance is still up for discussion.

It is the Department of Education's responsibility to determine how to work within the parameters of the Co-operation in Governance Act in administrating the public education system, he said.

The Co-operation in Governance Act is the first of its kind in Canada and was enshrined in law in 2005. It focuses on government-to-government relationships between first nations and the Yukon government and how to bring about more effective services and program delivery by both orders of government.

'We want to be consistent with that model of co-operation in governance moving forward,' said Linklater.

Talking about the decision-making process is still on the table, said Linklater.

He pointed to the example of curriculum planning as a way the Education Reform Project could suggest solutions to moving forward with co-operation in governance.

This model would allow the Department of Education to sit down with first nations in a community at the beginning of a school year and plan it out together, then allow the first nation to continue to be involved in the curriculum's implementation, he said.

'The whole point of this exercise is to improve the delivery of education,' said Linklater. 'One of the best ways to do that is to sit down with first nations.'

Liberal Education critic Eric Fairclough said he has heard one of the 32 option papers produced by the Education Reform Project is regarding co-governance of the education system.

The reform project has been directed by its executive committee, which is composed of Education Minster Patrick Rouble, Linklater and Liard McMillan, chief of the Liard First Nation, not to release those papers.

'The governance paper produced by education reform is probably one of the biggest, most talked about sections of their consultation,' said Fairclough.

The entire discussion on the education project could revolve around governance, co-governance and first nations drawing down education, he said, and first nations governments are watching this process very closely.

'Because of this heightened process, they are expecting something big to come out of it and really everything has been put on hold to see what happens.'

Linklater said he has heard anxiety about what will be in the final report, but he isn't an advocate for instantaneous change.

The final report, which is expected to be available by September, will provide recommendations on directions to begin to move in and how to change the existing education system to provide better communication and more openness, he said.

There are really only two ways to deal with the territory's education system at this point in time, said Darren Taylor, chief of the Tr'ondek Hwech'in First Nation.

The Yukon government and first nations must jointly develop a process to become equal partners in curriculum development or first nations will start drawing down education, said Taylor.

The majority of first nations in the CYFN wanted to participate in the Education Reform Project, said Taylor, so Tr'ondek Hwech'in agreed to go along. But it is 'not really a 50-50 partnership,' he said.

'We get to the table and only get so far and the process falls apart,' he said of any discussion on education.

Taylor added the resignation of Ed Schultz, the CYFN's former representative on the project, didn't come as much of a surprise.

Fairclough quoted Schultz in the assembly Tuesday as saying '...the team needs to ensure the project is not hamstrung by the department. He also commented that the project is supposed to be at arm's-length so it wouldn't be hamstrung. He also said that the project needs to be let go to do its job.

'We need to no longer speculate as to why he may have resigned. This government is manipulating and putting at risk a very important initiative.'

Schultz's resignation came without explanation last month but occurred the same day the project was to return to the communities to again conduct consultations.

The co-chairs of education reform were directed to redo their community consultations in a March 16 letter, despite having extensively met with stakeholders between October 2005 and November 2006.

They provided cabinet with a submission including position papers and recommendations last year.

Linklater has told the Star they were sent back to work because there were some concerns about governance and how it would affect the Department of Education.

He later added the co-chairs' work had provided a strong emphasis on governance and the executive committee wanted them to go back and provide a broader understanding of education reform options.

Rouble has stated it is inappropriate to provide recommendations before all stakeholders are consulted and public input is taken into consideration. He has not commented on the issue of governance in relation to education reform.

This week, Rouble has been declining to speak about the reform project outside of the house.