The federal government is embroiled in a legal battle with an Anishinaabe First Nation over the alleged chronic underfunding of on-reserve schools in Ontario. The Mississaugas of the Credit First Nation has brought forth its case before the Canadian Human Rights Tribunal, claiming that Canada’s education funding model is insufficient, racially biased, and perpetuates the historical injustices suffered by children in residential schools.
Chief Claire Sault emphasized that while the case was initiated by one community, it represents the struggles faced by all First Nations children throughout Ontario. The tribunal, a quasi-judicial body that addresses discrimination complaints, conducted the first day of hearings in person at the Mississaugas of the Credit location, situated approximately 90 kilometers south of Toronto.
The First Nation argues in legal documents that despite the closure of residential schools, the adverse effects persist. It asserts that the current “interim funding model” implemented in 2019-20 falls short in providing comparable funding to the provincial system and does not accommodate the unique needs of First Nations students or the higher costs associated with operating schools on reserves.
Canada has yet to present its opening statement but expressed in its legal response that it acknowledges the enduring impacts of colonialism. The government contends that the First Nation’s understanding and characterization of the funding model are flawed, citing a lack of specific evidence on how the model fails to meet students’ needs.
This legal challenge draws upon a landmark precedent set in 2016, wherein the tribunal found Canada guilty of racial discrimination for years of underfunding child and family services for First Nations communities. This case led to a significant class-action settlement to compensate victims and a proposed system reform offer, which First Nations leaders rejected in October 2024.
Indigenous Services Canada spokesperson Maryéva Météllus stated that the government respects the community’s decision to pursue a tribunal review and will engage in a respectful manner. The Canadian Human Rights Commission is backing the First Nation’s case, asserting that Indigenous children have a fundamental right to education safeguarded by both international and Canadian laws.
The ongoing hearing is being conducted virtually and is anticipated to span 15 days.