Why is this happening?

The Alberta Education Act includes immigration-specific restrictions for who is considered a resident student, and school boards have begun denying registration for children on this basis. 

However, immigration status in Canada is complex, with multiple pathways to permanent residency. There are many reasons why individuals and families may fall into a more precarious immigration status, including bureaucratic delays and rule changes, health issues, and experiences of exploitation and abuse. ​

Education is a human right

The right to education as a fundamental human right is affirmed in the United Nations Universal Declaration of Human Rights (Article 26). Further, Article 28 of the United Nations Convention on the Rights of the Child recognizes “the right of the child to education” and directs signatories (including Canada) to “make primary education compulsory and available free to all.” ​ 

The threat of removal from schools compounds the stress families and children face as they are already struggling to navigate life in Canada. When children are out of school, it has adverse effects on their mental health in the present and future, which affects all of society. Of course, students’ academic progress also suffers, putting them at a significant disadvantage if and when they are able to return to school. 

Full access to education doesn’t end at being allowed to register. While in school, children should receive appropriate support, accommodations, and protections from discrimination. Unfortunately, in Alberta we have seen discriminatory attacks from the provincial government on students with disabilities and on gender diverse students. In a recent injunction related to the Minister of Education’s decision to exclude students with disabilities from in-person learning, a Court of King’s Bench judge affirmed that the provision of education is “a fundamental service owed to all young people.”