Legal Documents

Legislation

The Education Act (opens in new window) gives certain rights and privileges to parents and children in non-First Nations communities. It does not apply in First Nations communities. The Act provides non-First Nations parents and children the right to attend school for free (see section 32, opens in new window), appropriate special education programs for free (see section 8(3), opens in new window), and the ability to appeal the appropriateness of a special education placement, (see section 8(3) and section 57(3), opens in new window).

There are also a number of important regulations about special education that apply only in non-First Nations communities (including, for example, O. Reg. 181/98, regarding the Identification and Placement of Exceptional Students). Children living in First Nations communities are not entitled to the kinds of rights and benefits granted in these regulations.

Documents from the Human Rights Complaint

Key legal documents listed in bold text below

Tribunal Decision Ordering Document Disclosure – December 9, 2013

Commission Decision to Refer to Tribunal – May 10, 2012

Commission Investigator’s Assessment Report – December 28, 2011

MNCFN Letter Raising Charter Equality Issue, dated 11-09-19

Aboriginal Affairs Letter Responding to MNCFN Complaint Details, dated 11-08-22

MNCFN Letter re Complaint Details & Evidence, dated 11-07-27

Aboriginal Affairs Letter Denying Special Education Funding for Sloan and Marvin, dated 11-04-05

MNCFN Letter Requesting Funding for Sloan & Marvin, dated 11-02-11

MNCFN Submissions re AANDC Response to Complaint, dated 10-10-21

Aboriginal Affairs Response to Complaint, dated 10-09-23

Human Rights Commission Decision (That the Complaint is Within its Jurisdiction and Should not be Dismissed), dated 10-07-24

MNCFN Response to Commission Investigator’s Report, dated 10-06-07

Aboriginal Affairs Response to Commission Investigator’s Report, dated 10-06-04

Human Rights Commission Investigator’s Report on Jurisdiction, dated 10-05-10

MNCFN Submissions on Jurisdiction, dated 10-02-05

Human Rights Complaint, dated 09-09-25

Aboriginal Affairs Letter re Denial of Funding, dated 09-04-09