How First Nations can use human rights laws to reassert education jurisdiction

Advancing education equality through policy change and law

Jennifer O’Brien – Special to the FNWSC

Members of the Collective met Thursday for an education and planning session on how First Nations can use human rights law — including the UN’s Declaration for the Rights of Indigenous Peoples (UNDRIP) — to reassert education jurisdiction.

Fifteen community leaders attended the webinar, which was the second session in a two-part series led by Dr. Anver Saloojee, a Ryerson University politics and public administration professor who specializes in human rights law.

Dr. Anver Saloojee sheds light on the global community of Indigenous nations at FNWSC’s February 25, 2021 Human Rights Policy Education Session #2

The Human Rights training and planning sessions focused on how Indigenous communities have used human rights laws in Ontario and Canada to affirm rights. Members discussed how these codes have been strengthened by Canada’s duty to meet specific obligations set out in the United Nations declaration.

“UNDRIP is the most comprehensive international instrument on the rights of Indigenous Peoples,” said Saloojee, who examined several articles of the declaration that focus on education. “It is a universal framework that sets the minimum standards for the survival, dignity and well-being of Indigenous Peoples around the world and it relies on existing human rights standards.”

The session presented the information in a way that was specific to educators and the advancement of education equality, laying the foundation to help inform First Nations with Schools Collective’s strategic planning methods as it works to advance education equality for First Nations through policy changes.

“In the Education world we talk about UNDRIP . . . but we’ve never taken the time to align it with the work we are doing in education. I really appreciated that.” said one participant.

“This is just a beginning,” said another participant. “It’s a new project and our first encounter with these ideas.”

NEXT STEP: As a follow up to these sessions, the FNWSC will develop a Discussion Paper that critically assesses Canadian and international legal strategies to challenge racist and discriminatory education policy practices and obtain education equality for First Nations.

During the break-out sessions, members discussed commonalities with other Indigenous Peoples around the world and how international law can advance Indigenous education self-determination.

Members also discussed whether outside human rights institutions that operate in a settler system in Ontario and Canada are beneficial to First Nations and whether there should be advocacy for an autonomous Indigenous Human Rights Commission.

As the session wrapped up, Structural Readiness Co-ordinator Leslee White-Eye asked to consider how First Nations in Canada can use UNDRIP articles 12, 13, 14 and 15 to advance self-determination in Education?

For example, article 14 states: Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.

“The value of this convention resides with those who are going to hold the government of Canada accountable for its implementation,” said Saloojee. “The onus of responsibility is both on the government of Canada and Indigenous communities to hold that government accountable for what it has signed. The UN declaration is the minimum standard that we can work with.”

The webinar was the latest in a series of webinars the FNWSC has held since its launch in 2016. Previous online events have featured panelists from all over the world who have shared knowledge about how to raise awareness and impact change by sharing community stories, Indigenous evaluation methodologies, land-based learning and curriculum design that honours ways of knowing and education law development.
The goal of the collective is to share methodologies between First Nations working to reinstitute ancestral knowledge into the daily learning of community life.


Through team meetings, members share information and practices to help communities overcome challenges — including the current provincial framework and curriculum, K-8 schooling, students being transferred to district school boards — and frame First Nation curriculum in culturally appropriate ways that puts family well-being at the centre.

First Nations must still prioritize their own action plans & UNDRIP as Bill C-15 pushes action 3 years into future

Gabriel Haythornthwaite, FNWSC Intergovernmental Relations and Human Rights Policy Project Lead, Special to the FNWSC

The federal government is promoting Bill C-15, An Act respecting the UN Declaration on the Rights of Indigenous Peoples, as a framework for aligning existing Canadian statutes to “reflect” the 46 articles of the UN Declaration. Should Bill C-15 become law, Ottawa will create an action plan within 3 years to guide this legal review process in some kind of co-ordination and consultation with Indigenous organizations. 

This Act may provide an avenue by which First Nations can prepare for and pursue the ending of colonial rule in Canada. The First Nations with Schools Collective, which organizes community-level co-operation around First Nation education in Canada, will be examining this legal avenue to advance the development of comprehensive jurisdiction education systems that prioritize teaching and learning rooted in Indigenous language and cultural pedagogies. 

The promise of Bill C-15 should remind First Nations of previous federal pledges to advance community-based education which started with Ottawa’s endorsement of Indian Control of Indian Education in 1973 under Pierre Elliott Trudeau. Since that time, Canada has restricted First Nations to the administration of severely underfunded schooling systems on-reserve which operate under impoverished social conditions. Similarly, pledges towards constitutionally entrenched self-government, first recommended in the 1983 Penner Report and, later, in the 1996 Royal Commission, have been repeatedly sidelined by federal governments. 

Articles 13 and 14 of the 2007 UN Declaration have set broad expectations for the equality of First Nation education in the areas of political jurisdiction and funding. These articles directly link Indigenous language and cultural revitalization to the development of community-controlled education systems. 

For First Nations to better realize their self-determining aspirations in education through the Bill C-15 “action plan” process, there are three key community-based reforms to organize and strive for. First, is the replacement of the 1995 federal ‘self-government’ policy that, in practice, denies First Nations both constitutionally-entrenched jurisdictional authority and additional funding for programs, services and school facilities.  

Second, the federal government needs to do far more to support Indigenous language and cultural revitalization than current legislation and funding allows for. Appreciating that almost every English public school district in the country provides comprehensive French immersion programmes primarily to non-French families, the goal of Indigenous immersion programming must be front and centre in First Nations education reform. Resourcing First Nations to develop their own cultural education systems which prioritize Indigenous language acquisition related to the daily life of learners is a critical requirement in the current context of language endangerment and continuing assimilation. 

Third, the current First Nations education funding negotiations under the 2018 ‘Memorandum to Cabinet’ process needs to quickly result in genuinely equitable resourcing that cannot be limited to absolute dollar parity with provincial public systems but instead must extend full support for the extraordinary challenges thrown at First Nations by continuing colonial rule. This full resourcing support must provide for secondary and tertiary level supports similar in scope to the supports district school board and provincial ministries of education enjoy that currently do not exist among First Nations. 

The UN Declaration may be a helpful aid to self-determination efforts, however, the wider experience of Canadian pledges repeatedly delayed and broken over nearly half a century counsels First Nations to prioritize developing their own action plans for community-based change in education. To fully assert education self-determination, First Nations community action plans must include strategic organizing efforts that apply firm pressure on the federal government to follow through with their lofty decolonizing promises.