Come early 2007, the Kwanlin Dun First Nation will pass legislation to begin the process of drawing down education, says Chief Mike Smith.

'We want to establish our own school whereby our students will feel more at home, won't be alienated by the system and would be graduating. That's our whole issue,' Smith told reporters following question period in the legislature on Monday.

Kwanlin Dun, he said, has been waiting since the 1980s to have its own school, but there has been no meaningful consultation coming from the government.

Now the Yukon government is promising a new school in Copper Ridge and putting $75,000 into a study on the construction of that school and the needs of F.H. Collins Secondary School and Porter Creek Secondary School.

'We have issues with respect to that,' said Smith. 'Obviously, they are moving ahead without us and there's no consultation whatsoever.'

The commitment to a new school in Copper Ridge appeared during the Copperbelt riding's November 2005 byelection campaign when the promise was made by then-Yukon Party candidate Cynthia Kearns.

At that time, documents obtained under the Access to Information and Protection of Privacy Act showed the Department of Education had earmarked $700,000 to be put aside in this fiscal year's budget for planning the new school with the new kindergarten to Grade 7 facility set to be open in August 2008.

Now, the Department of Education is exploring the possibility of building the school as a kindergarten to Grade 3, kindergarten to Grade 7 or a high school, according to department officials.

'It's vitally important that the government talks to the first nation before they start making plans not after they've basically already decided they are going to build a school,' said McIntyre-Takhini MLA John Edzerza, who served as Education minister before leaving the Yukon Party and joining the NDP earlier this year.

'These talks should have taken place well ahead of the first nation hearing about it on the radio or in the media.'

Edzerza had cited the announcement of the new school on Falcon Drive as one of the reasons he left the government cabinet.

The former Education minister said he was not aware that there were any plans for the new school until after the fact. He was concerned about the impacts it would have on Elijah Smith and Takhini Elementary Schools.

'I voiced my concerns but I feel I was not heard then and I doubt I would be heard in the future,' he said previously.

He again stated yesterday that he felt his concerns in relation to the education system and the building of new schools were not being heard by the Yukon Party.

There are great concerns both in Takhini and McIntyre about the impacts a new elementary school could have on Takhini and Elijah Smith Elementary School, he said.

The fact the new building on the Granger property may be a 400-student high school property may present even more challenges, he said.

High school students would be attracted to the new infrastructure and offerings at a newly-constructed building, and may want to leave their own schools in the Yukon's only loosely-enforced catchment system, he said.

'We all know that the moment you start having an abundance of infrastructure, at what point does it start to become not financially feasible to be able to maintain those structures?'

The discussion regarding the examination of the three Whitehorse school properties is ignoring the fact Kwanlin Dun is a self-governing first nation and must be consulted with, said Edzerza.

The first nation will be involved when Victoria-based HoldFast Consultants Inc. begins its investigation into the schools, Education Minister Patrick Rouble told the house Monday.

'All people in McIntyre-Takhini and indeed folks up on top of the hill that there will be consultations with the community and that they will be open and inclusive,' said Rouble.

The group will begin its discussions with administrators, teachers and parents on Dec. 11, 12 and 13.

The study is hoped to be completed with a submitted report by mid-March.

But Kwanlin Dun is being treated as little more than 'window dressing' in any sort of consultation process, said Smith. 'There's no listening to us on these issues.'

The land claim agreement with the Yukon government indicates that for any infrastructure worth more than $3 million, Kwanlin Dun must get first bids on the project. It therefore must have some opportunity to be involved in the discussion and building of the new school, he said.

'We believe the structure has to reflect our values.'

The current system is little more than a warehouse for Kwanlin Dun students, he said, teaching the youth 'propaganda.'

'They don't read, they can't write when they finish, they graduate. We consider the existing school system does not meet our concerns or our needs. It's simply being forced to go to their schools and not ours.'

The transfer of education programs is contained in Section 17 of most self-government agreements.

Na Cho Nyak Dun and Little Salmon-Carmacks have also begun the process of negotiating the drawing down of education to their governments.

Kwanlin Dun has been working on establishing its own school for some time, but has been hitting several roadblocks both territorially and federally, said Smith.

'They clearly both do not support Kwanlin Dun proceeding.'

The federal government commits approximately $1 billion a year in funding for first nations schools in the South.

The only money that has come to Kwanlin Dun to help in drawing down education and establishing a first nation school is $70,000 to be put toward negotiations, Smith has previously stated.

Edzerza said he doesn't know if anyone would benefit from the drawing down of education.

'Some people feel there are not enough students in the territory to have two education systems,' he said.

'At the end of the day, I think that first nations have got to be heard or else they'll get serious in other ways,' said Edzerza.

'It really depends on how much flexibility the government is prepared to provide. If their flexibility is minimal, then I think they'll have a hard time to get an agreement.'

Smith said a Kwanlin Dun school would be voluntary for its members to attend and would also be open to other Yukon students interested in enrolling.