Canada now grants far fewer Jordanian principle education requests in Ontario, tribunal hearing

The federal government has drastically cut funding for First Nations children in Ontario seeking educational support under the Jordan Principle — from $122.1 million to just $1.2 million in 2024 versus the same time period in 2025 — a tribunal hearing revealed this week.

In other words, funding levels in the sector were virtually 100 times higher before February 2025, compared to after Indigenous Services Canada introduced a new “Operational Bulletin” restricting eligible services under the legislative initiative.

The figures were filed this week by Mississaugas of the Credit First Nation as evidence at the Canadian Human Rights Tribunal, where the community has accused Ottawa of systematically underfunding on-reserve schools in the province.

“I’m very shocked,” said Margaret Solt, head of the Mississaugas Office of the Credit, about 90 kilometers south of Toronto.

However, he was quick to point out that such cuts are nothing new for First Nations.

“It always seems like we take one step forward and two steps back,” he said.

First Nations charge that Canada’s education funding model – which was introduced as a temporary measure in 2019-20 and never changed – is inadequate, racially discriminatory and perpetuates the colonial harms suffered by children in residential schools. The hearing has been going on since October last year.

“It’s not enough or equivalent to anything for off-reserve school systems and so, for example, if we have special needs, our kids have to go off-reserve,” said Solt of the funding approach.

The Jordan Principle is a legal rule that ensures that First Nations children have timely access to public health and social services without bureaucratic delays that the government (provincial/territorial or federal) must pay for.

In response to the complaint, Canada says, among other things, First Nations can also apply for education funding under the Jordanian principle. But as the data shows, children are now less likely to actually receive this funding.

“This is another piece of evidence that shows the needs of First Nations children are not being met with respect to education,” said Kent Elson, the attorney representing Credit’s Mississaugas in the complaint.

An Ontario-based family tells CBC Indigenous about their life last year were in trouble After Canada refused to renew funding for their eight-year-old autistic son. He had been receiving critical educational assistance since 2018-19.

The numbers show they are far from alone.

Data disclosed to Credit’s Mississaugas by Indigenous Services as part of the case showed that from April 1 to September 30, 2024, Indigenous Services approved a total of 2,608 school-related Jordan’s Principle applications in Ontario, worth $122.1 million. Following changes in operational procedures, the period from April 1 to September 30, 2025 saw only 66 approved requests, worth $1.2 million.

Far fewer requests were submitted over the same time period: 3,749 in 2024 versus 1,031 in 2025. The decrease in requests can be explained by the operational bulletin as well as people becoming aware of a large backlog of requests, The tribunal held the hearing on Friday.

Previously, approval was virtually guaranteed. In 2023–24, the overall approval rate for education requests in Ontario was 94 per cent. The following year, the rate was 90 percent. But in the months following the new operating procedure, the overall approval rate was 28 percent.

The argument was described as ‘shameful’

In an interview, Elson said that what really stood out to him so far was not these statistics but Canada’s reasoning about jurisdiction. Canada denies it is underfunding on-reserve schools, but it has a backup argument.

According to the Department of Justice, if Canada is indeed underfunding these schools, the tribunal, a court-like institution, should show “restraint” in ordering measures as the authority to approve spending rests exclusively with Parliament.

That is, even if the tribunal finds that the funding model is racist, according to Canada’s argument, the tribunal does not have the legal authority to order Ottawa to spend the required amount.

“Their argument is that Canada is allowed under human rights law to discriminate against First Nations children by underfunding First Nations education,” Elson said.

“It’s a shameful argument, and I think many Canadians would be embarrassed to know that this argument is being made on their behalf.”

Indigenous Services Canada He declined to comment as the matter was before a tribunal. Department Earlier in October it said it respected the community’s decision to pursue litigation.

Spokeswoman Maryva Metellus then wrote, “Every First Nations child deserves a strong start in life, starting with an adequately funded education in their community.”

“Indigenous Services Canada funds elementary and secondary education in a way that is equivalent to provincial systems, while also supporting services that respond to the unique needs of First Nations students.”

The hearing continued Friday with more testimony about Jordan’s theory from a federal witness.