Question Period Note: Jordan’s Principle

• We are committed to the full implementation of Jordan's Principle to ensure First Nations children can access the products, services and supports they need, when they need them, regardless of where they live in Canada.
• From July 1, 2016 to May 31, 2022 , the Government of Canada approved an estimated 1,570,000 products, services, and supports for First Nations children.

On December 31, 2021, two Agreements-in-Principle were reached between Canada, the Assembly of First Nations, the First Nations Child and Family Caring Society, the Chiefs of Ontario, the Nishnawbe Aski Nation and counsels for the AFN-Moushoom and Trout class actions (collectively, “the Parties”). One agreement in principle is for compensation for those harmed by discriminatory underfunding of First Nations child and family services and for those who were denied, or delayed in receiving, services under Jordan’s Principle, and the other pertains to the longterm reform of the First Nations Child and Family Services program and a renewed approached for Jordan’s Principle.

These Agreements-in-Principle provided a basis for final settlement agreements to be negotiated. The Agreements-in-Principle include:

• $20 billion in compensation for First Nations children on-reserve and in the Yukon, who were removed from their homes between April 1, 1991 and March 31, 2022, and for their parents and caregivers. This also includes compensation for those impacted by the government's narrow definition of Jordan's Principle between December 12, 2007 and November 2, 2017, as well as for children who did not receive or were delayed receiving an essential public service or product between April 1, 1991 and December 11, 2007. Our shared goal is to achieve a settlement that can be delivered to families as soon as possible.

• Approximately $20 billion, over five years, for longterm reform of the First Nations Child and Family Services program to ensure that the discrimination found by the CHRT never repeats itself. This includes funding to support young First Nations adults aging out of the child welfare system and prevention services to build on the multi-generational cultural strengths to help children and families in staying together that will be implemented as early as April 2022. There is also new funding for on-reserve housing to support these prevention initiatives.

On July 4, 2022, Canada, the Assembly of First Nations, and the plaintiffs in the Moushoom and Trout class actions announced that a Final Settlement Agreement had been signed to compensate those harmed by discriminatory underfunding of the First Nations Child and Family Services program and those impacted by the federal government's narrow definition of Jordan's Principle. The Agreement will be considered final once the Canadian Human Rights Tribunal agrees that it satisfies the Tribunal’s 2019 compensation orders and it is approved by the Federal Court of Canada.

The Parties are continuing to work together to reach a final settlement agreement on thelongterm reform of the First Nations Child and Family Services program and renewed approach for Jordan’s Principle.

The Canadian Human Rights Tribunal Orders on Capital

On November 16, 2021, the CHRT issued 2021 CHRT 41. This decision contains orders for Canada to fund the purchase and construction of capital assets for the delivery of First Nations child and family services or for the delivery of services under Jordan's Principle on reserve. This includes funding to conduct capital needs and feasibility studies.

Following the submission of a consent motion from Canada and the parties, on January 18, 2022, the CHRT amended the orders in the decision of November 16, 2021.

If pressed on funding commitments
• Since 2016, our Government has committed approximately $3.5 billion towards Jordan's Principle to help First Nations children with health, social and education services; this includes $220M over five years to address the immediate needs of Inuit children through the implementation of the Inuit Child First Initiative.

• An additional $50MBhas been provided for the implementation of 2021 CHRT 41 to fund the purchase and construction of capital assets for the on-reserve delivery of services under Jordan’s Principle, as well as to fund capital needs assessments and feasibility studies for the off-reserve delivery of Jordan’s Principle.

If pressed on Jordan’s Principle
• Our Government is working with First Nations partners, Parties to the CHRT, provinces and territories to ensure that Jordan’s Principle is fully implemented in order to help better address the unmet health, social, and education needs of First Nations children.

• Jordan’s Principle will continue to ensure that First Nations children can access the products, services and supports they need, when they need them, as we continue to work towards the long-term reform of Jordan’s Principle.

If pressed on January 4, 2022 announcement re Agreements-in-Principle
• On January 4, 2022, the Government of Canada announced that Agreements-in-Principle were reached on a global resolution related to compensation and long-term reform for Jordan’s Principle and First Nations Child and Family Services, to ensure that no First Nation child faces discrimination again.

• These Agreements-in-Principle provide a basis for final settlement agreements.

• On July 4, 2022 a final settlement agreement regarding Compensation was signed. The Agreement will be considered final once the Canadian Human Rights Tribunal agrees that it satisfies the Tribunal’s 2019 compensation orders and it is approved by the Federal Court of Canada.

• Work is underway to achieve a final settlement agreement on the longterm reform of the First Nations Child and Family Services program and a renewed approach to Jordan’s Principle.

If Pressed on 2021 CHRT 41 Capital Funding Order
• Our Government has committed funding for the delivery of First Nations child and family services, and services under Jordan’s Principle.

• Funding applications can be made by First Nations or First Nations-authorized service providers that deliver Jordan’s Principle services to First Nations children who live on- or off-reserve, anywhere in Canada for:

o The purchase and construction of capital assets for the on-reserve delivery of services under Jordan’s Principle, and;

o To fund capital needs assessments and feasibility studies for the off-reserve delivery of Jordan’s Principle

• Our desire is to respect and develop First Nations-led capital planning processes that result in quality capital assets, and most importantly, address the needs of First Nations children.

If pressed on recent Ontario region case with a 12 month payment delay
• ISC is committed to addressing payment delays, without causing any further burden on the child, their family and the service providers.

• The Department has resolved outstanding payments with this vendor.
Inuit-Child First Initiative
• We have co-developed public awareness materials for the Inuit Child First Initiative with Inuit Tapiriit Kanatami.

• These materials will help to raise awareness of the services available under the Inuit Child First Initiative.

• From April 2019 to January 2022 more than 59,000 requested products, services, and supports have been approved.

• We will continue working with Inuit partners, provinces and territories to develop and finalize a framework for a long-term Inuit-specific approach to help better meet the needs of Inuit children.

Consultation Committee on Child Welfare (CCCW)

• The Consultation Committee on Child Welfare (CCCW) was established in 2018 as a result of the February 1, 2018, Canadian Human Rights Tribunal Ruling on Child Welfare.

• This committee is chaired by the Assembly of First Nations, and the First Nations Child and Family Caring Society of Canada, and provides a forum for parties to work together to eliminate discrimination against First Nations children.

• Accomplishments of this committee include the development of a consultation protocol and of operational guidelines and policies, research, and training.

• The CCCW last met in October 2021 and the next meeting has not been scheduled (TBD).

Spirit Bear Plan
• The Spirit Bear Plan was created by the First Nations Child and Family Caring Society and received Assembly of First Nations support in 2017.

• Closing the gaps in health, social services and education for First Nations children and families are top priorities of the Government.

• We are committed to fully implementing the orders of the Canadian Human Rights Tribunal in this regard.

• We will continue to work with First Nations partners to advance reforms to child and family services, and to develop First Nations led solutions that place the well being of children first.