This article reviews the historical context in which Canadian legislation and policy for children with special needs has evolved. The potential for the rights of students with special needs in light of the Canadian Charter of Rights and Freedoms is outlined. The role of the Federal and Provincial governments in legislation and policy vis-à-vis special education is reviewed along with a chronology of some significant Provincial efforts to implement policy and legislation both before and after the Charter provisions came into effect. Centrality of individual planning, and current efforts to determine the extent to which policies have been implemented, and their impact, are reviewed. Finally, some landmark pieces of litigation regarding the education of students with special needs are identified, and key outstanding questions from an educational perspective are presented.