Canada now approves far fewer Jordan’s Principle education requests in Ontario, tribunal hears

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

In other words, the funding level in this area was literally 100 times higher before February 2025, when Indigenous Services Canada introduced a new “operational bulletin” restricting the services eligible under the legal initiative, than afterward.

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

“I’m beyond shocked,” said Margaret Sault, chief of Mississaugas of the Credit, about 90 kilometres south of Toronto. 

She was quick to add however that such reductions are nothing new for First Nations.

“It always seems like we take a step ahead and we get knocked two steps back,” she said.

The First Nation alleges Canada’s education funding model — introduced as a temporary measure in 2019-20 then never replaced — is inadequate, racially discriminatory and perpetuates the colonial harms inflicted on children at residential schools. A hearing has been ongoing since October last year.

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

Jordan’s Principle is a legal rule ensuring First Nations kids get timely access to public health and social services without bureaucratic delays over which government (provincial/territorial or federal) should pay for it.

In response to the complaint, Canada says, among other things, that First Nations may also apply for education funding under Jordan’s Principle. But as the numbers show, kids are now far less likely to actually get this funding.

“That’s another piece of evidence showing that the needs of First Nations kids are not being met with respect to education,” said lawyer Kent Elson, who is representing Mississaugas of the Credit in the complaint.

One Ontario-based family told CBC Indigenous last year their lives were plunged into crisis after Canada refused to renew funding for their eight-year-old autistic son. He’d been accessing crucial educational support since 2018-19.

The numbers show they’re far from alone.

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

There were also far fewer requests submitted in those same time periods: 3,749 in 2024 versus 1,031 in 2025. The decrease in requests could be explained by the operational bulletin as well as people becoming aware of a large backlog of requests, the tribunal heard 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, that rate was 90 per cent. But in the months following the new operating procedure, the overall approval rate was 28 per cent.

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

According to the Justice Department, if Canada is indeed underfunding these schools, the tribunal, a court-like body, should show “restraint” in ordering a remedy since authority for approving spending rests exclusively with Parliament.

That is, even if the tribunal finds that the funding model is racist, the tribunal lacks legal authority to order Ottawa to spend what’s required, according to Canada’s argument.

“What their argument means is that Canada is allowed under human rights law to underfund and discriminate against First Nations kids by underfunding First Nations education,” Elson said.

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

Indigenous Services Canada declined to comment because the case is before the tribunal. The department previously said in October that it respects the community’s decision to litigate.

“Every First Nation child deserves a strong start in life, beginning with adequately funded education in their community,” spokesperson Maryéva Métellus wrote then.

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

The hearing continued Friday with more evidence about Jordan’s Principle from a federal witness.