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

The chief of an Ontario First Nation pursuing legal action against Canada for its alleged underfunding of on-reserve schools told the Canadian Human Rights Tribunal on Wednesday that the case is an opportunity for “meaningful, lasting change.”

Closing submissions began in the Mississaugas of the Credit First Nation’s complaint before the tribunal accusing the federal government of systemically underfunding and neglecting on-reserve schools in Ontario.

The 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 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.

Margaret Sault, Chief of the Mississaugas of the Credit First Nation, said education is “a pathway to identity, language, culture and self-determination.”

“This case has always been about fairness,” she told the tribunal as the hearing began. “It is ensuring that First Nations children receive the same level of support and opportunity as any other child across the country.”

Kent Elson, a lawyer for the First Nation, argued to the tribunal that part of the impact of residential schools was the destruction of culture, which underscores the importance of having education that meets the unique needs of First Nation communities.

“Families are disrupted to prevent the transmission of cultural values and identity from one generation to the next,” Elson said in his closing submissions Wednesday. “That is not something that will be easy or inexpensive to overcome in First Nation schools.”

The federal justice department will present its closing submissions later in the week. The government 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 written 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.

Speaking at the tribunal on Wednesday, Sault said the young people of First Nations communities are “at the heart of this work.”

“The outcome of this case has the potential to shape the future of First Nations education across this country,” she said. “It is an opportunity to move beyond acknowledgment of inequities and towards meaningful, lasting change.”

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

The Canadian Human Rights Tribunal has said it will likely take several months to render a decision due to the complexity of the case.

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

Rianna Lim, The Canadian Press