Question Period Note: Jordan’s Principle

• We are committed to the full implementation of Jordan's Principle, and to help First Nations children access the products, services and supports they need.

• From July 2016 to September 2020, approximately 742,000 requested products, services, and supports have been approved.

• Budget 2019 invested $1.2 billion over three years to support the continued implementation of Jordan’s Principle.

• We have also invested $220 million over five years to address the immediate needs of Inuit children and to continue working with Inuit partners to improve local capacity to deliver services.

Jordan’s Principle is a legal requirement, not a policy or program, resulting from the Canadian Human Rights Tribunal (CHRT) decision of January 2016, which ordered Canada to cease applying a narrow definition of Jordan’s Principle and to take immediate measures to implement the full meaning of the principle. Since the initial 2016 CHRT decision, the CHRT has issued several subsequent remedial orders regarding how Jordan’s Principle should be defined and implemented.
Since 2016, the Government of Canada has committed more than $600 million to meet the needs of First Nation children through an interim approach to Jordan’s Principle. Budget 2019 invested a further $1.2 billion over three years to support the continued implementation of Jordan’s Principle. In addition, Budget 2019 invested $220 million over five years to address the immediate needs of Inuit children as this Government continues to work with Inuit and other government partners to improve local capacity to deliver services.
In implementing Jordan’s Principle, Service Coordinators were made available in communities across Canada who are funded by the Government of Canada and staffed by local Tribal Councils, Regional Health Authorities, Indigenous Non-Governmental Organizations, etc. These service coordinators are the primary local contact for First Nations children and families. They work closely with the regional Jordan’s Principle Focal Point contacts. In February 2018, a 24/7 Jordan’s Principle National Call Centre was launched to help First Nations children access the products, services and supports they need.
The Spirit Bear Plan was developed by the First Nations Child and Family Caring Society and is recognized and supported by the CHRT. In December 2017, the Chiefs-in-Assembly of the Assembly of First Nations provided their support for the Spirit Bear Plan, which is designed to address all inequities in federally funded public services.
On November 25, 2020 the CHRT released its final ruling on the definition of “First Nations child” for the purposes of eligibility under Jordan’s Principle. In this ruling, the Tribunal accepted the process established by the parties, as ordered by the CHRT in July 2020, to determine which children are eligible for consideration to receive services under Jordan’s Principle. Cases meeting any one of four criteria are eligible for consideration under Jordan’s Principle. Those criteria are the following:

1. The child is registered or eligible to be registered under the Indian Act, as amended from time to time;
2. The child has one parent/guardian who is registered or eligible to be registered under the Indian Act;
3. The child is recognized by their Nation for the purposes of Jordan’s Principle; or
4. The child is ordinarily resident on reserve.

The Tribunal further ordered Canada to fund First Nations and First Nations organizations for confirmation of First Nations identity, including funding for human resources, policy development and updating, internal governance, communication, coordination, professional fees, and administrative fees.

It is important to note that this decision only applies to the definition of First Nations child for the purpose of Jordan’s Principle.

If pressed on Jordan’s Principle:
• The Government continues to work with First Nations to ensure that Jordan’s Principle is upheld.

• We are also working with First Nations, provinces and territories to better understand what service gaps exist and how to best address them.

• Our ultimate goal is to develop a long-term approach that will increase First Nations self-determination in addressing the needs and providing access to health, social, and education services for all First Nations children.
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.

• 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:
• The Consultation Committee on Child Welfare 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.
Spirit Bear Plan:
• 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.
New CHRT order on November 25, 2020
• On November 25, 2020, the CHRT issued the final order regarding the definition of “all First Nations children” in relation to Jordan’s Principle.

• The new definition includes children who are recognized by their Nation for the purposes of Jordan’s Principle, those who are ordinarily resident on reserve, and those who themselves are registered or are eligible to be registered under the Indian Act, or who have a parent who is registered or eligible to be registered.

• We recognize that this new definition will assist in closing gaps for a greater number of children.

• The Government of Canada will continue to meet all its obligations and ensure that First Nations children receive the care and services they need.