FORGOTTEN AND IGNORED: SPECIAL EDUCATION IN FIRST NATIONS SCHOOLS IN CANADA

Oct 15, 2026

The article critiques how Canadian special-education reviews often focus on provincial and territorial responsibilities while omitting federal roles for First Nations learners on reserves. It explains the constitutional and treaty basis for federal responsibility, citing treaty education clauses and statutory authority under the Indian Act. It summarizes the federal status of special education programs and identifies gaps created by excluding INAC, then proposes strategies for building a comprehensive service system for First Nations schools across Canada.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages26

Reading Time1 h 6 min

AccessFree to download

Introduction

Constitutional Responsibility and Treaty Rights

Federal Programs and INAC Background

Recommendations for a Comprehensive System

FORGOTTEN AND IGNORED: SPECIAL EDUCATION IN FIRST NATIONS SCHOOLS IN CANADA Ron Phillips, Nipissing University Usually reviews of special education in Canada describe the special education programs, services, policies, and legislation that are provided by the provinces and territories. The reviews consistently ignore the special education programs, services, policies, and legislation that are provided by federal government of Canada. The federal government of Canada is constitutionally responsible for the education, including special education, of First Nations students residing on reserves. This responsibility extends throughout Canada. This article describes the current status of special education programs provided to First Nations schools by the federal government and makes recommendations for the development of a comprehensive system of special education services and programs. Introduction Special education in Canada – unlike that in the United States – is solely controlled by each of the 10 provinces and three territories. (Dworet & Bennett, 2002, p. 22) The above quote is not correct. However, the authors are not alone in ignoring the role of the federal government of Canada in education, including special education. In 2001, a special issue titled “A Pan-Canadian View of Education for Children with Special Needs” was published by Exceptionality Education Canada (Timmons, 2001) . Later in 2003, a second special issue was published by Exceptionality Education Canada (Timmons & Lupart, 2003) to “review the programs, policies, procedures, and supports available for at-risk children across the country”(p. 5) . The editors of these two issues and the authors of the articles either forgot or ignored the special education programs, policies, procedures and supports available to First Nations students. This forgetfulness or ignorance is consistent with past and current thoughts regarding who has constitutional responsibility for the education of First Nation students in Canada. Dore, Wagner & Dore (2001) in the 2001 review noted “Educational policies in Canada fall under the exclusive jurisdiction of the provincial and territorial governments”(p. 127) . The Council of Education Ministers, Canada (CMEC) has also incorrectly noted that education in Canada is exclusive to the provinces. Statements such as “the provinces and territories are responsible for all levels of education”(CMEC, 2001, p.9) or “whereas education in Canada is a provincial responsibility”(CMEC, 2009, p.1) may be found in many documents from the CMEC. The various statements that education or special education is exclusive to the provinces and territories are incorrect. The Constitution Act, 1867 gives responsibility for education to the provinces and territories. However, The Constitution Act, 1867 also gives responsibility for“Indians and Lands reserved for Indians” to the federal government. When the constitution was repatriated in 1982, the Constitution Act, 1982 included Part II-Rights of Aboriginal Peoples of Canada. Section 35 (1) stated “The existing aboriginal and treaty rights of aboriginal peoples of Canada are hereby recognized and affirmed”(Department of Justice, Canada, 2009) . Education of First Nations students on reserves is a treaty right. The federal government of Canada signed treaties (\#1- \#11) with Indians (i.e., First Nations) . Each treaty had an education clause. For example, Treaties \#1 and \#2 promised that “…Her Majesty agrees to maintain a school on each reserve hereby made whenever the Indians ofthe reserve should desire it”(Indian and Northern Affairs Canada [INAC], 2006a) . Treaties \#7, \#8 and \#11 ensure that “Her Majesty agrees to pay the salaries of such teachers to instruct the children of said Indians …”(INAC, 2006b, p. 4; INAC, 2006c, p. 3; INAC, 2006d, p. 6) . Also, The Indian Act (Department of Justice, 2008) outlines the federal government’s responsibility, including education, in regards t

FAQs

Why do many Canadian special-education reviews ignore federal responsibility?

The article argues that most reviews focus on provincial and territorial programming and mistakenly omit federal programs, policies, and legislation tied to First Nations education on reserves.

What legal basis does the article cite for federal responsibility?

It cites constitutional provisions and treaty rights, including education clauses in Treaties #1-#11 and statutory authority described under the Indian Act and related reporting.

What does the article propose to improve special education for First Nations schools?

It recommends developing strategies for a comprehensive system of special education services and programs provided through a coordinated federal role rather than relying only on provincial/territorial approaches.

Oct 15, 2026

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