Closing arguments to begin in Ontario First Nation's education funding case at rights tribunal

The Three Watchmen statue is seen near Parliament Hill Wednesday, June 2, 2021. THE CANADIAN PRESS/Adrian Wyld

Closing submissions are set to begin today in a First Nation’s complaint before the Canadian Human Rights Tribunal accusing the federal government of systemically underfunding and neglecting on-reserve education in Ontario.

The Mississaugas of the Credit First Nation alleges the education funding formula implemented by the federal government in 2019 substantially underfunds on-reserve schools, fails to meet First Nation students’ needs and perpetuates historic disadvantage.

The case originated from a 2009 complaint involving special education costs for two children of the Mississaugas of the Credit First Nation and a provincewide claim of discrimination against First Nations children in the education system.

Opening submissions at the Canadian Human Rights Tribunal began in October, with the First Nation seeking a finding of discrimination, permanent education reform and an immediate interim order requiring Ottawa to fund First Nations education in Ontario at cost.

The federal justice department has argued that the First Nation’s evidence is “speculative” and has said the community’s elementary school is “well-resourced” in comparison to some provincial schools.

The First Nation said the federal government’s claim that there’s a lack of evidence of adverse effects on its students is a “ludicrous suggestion.”

The First Nation said its evidence is grounded in analysis of the funding formula, arguing that the government’s comparison of funding figures for reserve schools and provincial schools is flawed because it doesn’t account for higher needs and different cost structures associated with First Nation education.

“Even if the per-student Indigenous education funding for provincially-funded schools is lower than the equivalent funding for First Nations schools, that does not mean the federal funding is sufficient to meet the requirements of substantive equality,” it argued.

The government has also argued that evidence suggests the education of the First Nation’s students has actually improved since the funding formula was implemented, based on standardized testing data.

“The complainant claims that the funding supports provided by (Indigenous Services Canada) are insufficient to meet First Nations’ needs. However, it has failed to establish what needs, if any, are not being met,” the attorney general said in written submissions, adding that the sought remedies are “inappropriate.”

“The unlimited nature of the proposed interim order demonstrates the significant shortcomings in the complainant’s case,” the government argued.

The First Nation said its case is against the federal government as a whole, not just Indigenous Services Canada. It also argued that the federal government has diluted minority language education, and that First Nations are often not aware of their education funding envelope until five months after the start of the relevant fiscal year.

The First Nation said in its submissions that while residential schools have closed, they were replaced “with a grossly underfunded education system subject to arbitrary budget caps.”

“The resulting loss of culture and educational outcome gaps are perpetuated by the federal government’s ongoing underfunding of First Nations education,” it said.

The closing submissions are taking place in the First Nation’s community centre in Hagersville, Ont., and are scheduled to complete Friday.

This report by The Canadian Press was first published May 6, 2026.

Rianna Lim, The Canadian Press