There is a problem if you are a First Nations student who is gifted and talented, live on a First Nation, and attend the school on the First Nation. You will encounter discrimination and challenges as your special gifts and talents will not be recognized as long as you attend this school. Canada’s constitution gives responsibility for education to two levels of government. The first, the 13 provincial/territorial governments have developed comprehensive systems of education programs and services, including special education. The second, the federal government of Canada has not. The federal government’s department of Indigenous and Northern Affairs Canada (INAC) established education policies and regulations that First Nations must follow in order to receive education funding. In the absence of federal education programs and services, including special education, INAC’s education policies require First Nation schools to offer education, including special education, program and services that are comparable to those offered in provincial/territorial schools. Many provincial/territorial governments through their ministries/departments of education have recognized the gifted and talented as a special education category. Identification, programming, and additional funding are provided for these ‘gifted’ students. However, First Nations students who are ‘gifted’ and attend a school on a First Nation/reserve are specifically excluded from funding and programming by the federal government. The federal government special education policy specifically excludes programs for the gifted and talented.
This presentation will review federal special education policies and their impact on First Nations education. These polices will also be viewed through Canada’s commitments to UNESCO’s Salamanca Statement 1994, the UN’s Declaration of Rights of Indigenous Peoples, UN Convention on the Rights of the Child, and the UN Convention on the Rights of People with Disabilities.