A win for First Nations children as the Canadian Human Rights Tribunal expands funding criteria for Jordan’s Principle

·2 min read

The Canadian Human Rights Tribunal (CHRT) released a ruling on Nov. 25, which impacts how First Nations children can access funding for services.

The ruling says that First Nations children who live on or off-reserve, who do not have Indian Act Status, but who are recognized by their respective Nations for the purpose of applying for funding through Jordan’s Principle, can now apply for support.

The ruling also opens up funding for children living on or off reserve who “are not eligible for, Indian Act status, but who have a parent or guardian with, or eligible for, Indian Act status.”

The ruling comes after years of pressure from the First Nations Child and Family Caring Society (the Caring Society) and the Assembly of First Nations (AFN) to address health service inequities, including delays or denial of services, that First Nations children experience.

In memory of the late Jordan River Anderson, of Norway House Cree Nation, Jordan’s Principle is a principle that ensures “First Nations children get the services they need when they need them,” according to the Caring Society.

Anderson, who was born with complex medical needs, spent more than two years in hospital while both the federal and provincial governments argued over who should finance his home care. Jordan died at the age of five, never having spent a day at home with his family.

Jordan’s Principle calls on the government to pay for a child’s services and seek reimbursement later, so the child does not get caught in the middle of a similar dispute.

Beginning in 2007, the Caring Society and the AFN filed an official complaint with the Canadian Human Rights Commission (CHRC) saying Canada was “racially discriminating against First Nations children.”

According to a timeline by the Caring Society, the Tribunal case found that the inequitable funding for First Nations child welfare was insufficient and ‘amounts to discrimination.’

In 2016, the Tribunal found that the Government of Canada was “racially discriminating against 165,00 First Nations children and their families,” and that Canada was “failing to implement the full scope of Jordan’s Principle.”

In this recent ruling, the Tribunal emphasized its “commitment to respecting First Nations self government,” saying that recognition of the right to self-determination is consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

Anna McKenzie, Local Journalism Initiative Reporter, The Discourse