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 January 31, 2021, more than 813,000 requested products, services, and supports have been approved.

• Since 2016, the Government has committed almost $2 billion towards Jordan's Principle to help with health, social and education services that are needed; this includes $220 million over five years to address the immediate needs of Inuit children.

• We will 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.

The CHRT issued rulings 2020 CHRT 20 and 2020 CHRT 36 in July and November 2020, regarding Jordan’s Principle eligibility. This ruling is based on joint submissions developed by Canada and the parties.

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.

PBO

The Parliamentary Budget Officer (PBO) report that was released on April 2, 2020, on the financial cost of complying with the Canadian Human Rights Tribunal decision (2019 CHRT 39), only addressed children taken into care, omitting those affected by delays and denials of services that should have been provided under Jordan’s Principle.

The PBO issued a follow-up report on February 23, 2021, that has updated figures related to children taken into care, and added estimated costs to compensate those affected by delays and denials of services that should have been provided under 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.

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.

• Under this latest order, cases meeting any one of four criteria are eligible for consideration under Jordan’s Principle. These four criteria are:

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.

• 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.

If pressed on CHRT order on November 25, 2020:

• The Canadian Human Rights Tribunal (CHRT) issued rulings 2020 CHRT 20 and 2020 CHRT 36 in July and November 2020, regarding Jordan’s Principle eligibility. This ruling is based on joint submissions developed by Canada and the parties. The orders in this ruling took effect immediately.

• On December 22, 2020, Canada filed a notice of application to the Federal Court for a judicial review of 2020 CHRT 20 and 2020 CHRT 36.

• On December 22, 2020, the Government of Canada announced a policy change to extend Jordan’s Principle to include children who are recognized by a First Nation.

• For children who are not eligible to be registered but have one parent/guardian that is eligible to be registered, Canada continues to engage with First Nations partners with regard to the second-generation cut-off under the Indian Act and eligibility for a range of programs and services offered by the Government of Canada.

• The Government of Canada firmly maintains that the decision as to who qualifies as a First Nations child should be left to communities and communities alone to decide.

• Any expansions to the eligibility for products and services under Jordan’s Principle should be accomplished through Nation-to-Nation dialogue, rather than litigation before the CHRT.

• Deciding who belongs to a First Nations community is complex. Canada will support First Nations in making those decisions.

• The Government of Canada will continue to respect the CHRT orders in their entirety, and continue to meet all its obligations to ensure that First Nations children receive the care and services they need.

 
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 November 2020 more than 25,000 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 on September 25, 2020 and the next meeting is scheduled for February 12, 2021.

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.

Parliamentary Budget Office report on Compensation for the Delay and Denial of Services to First Nations Children

• Canada will continue to meet the needs of First Nations children and will work to fulfill our commitment to fully implement Jordan’s Principle.

• We acknowledge the work of the Parliamentary Budget Officer (PBO) report, which shares our goal of advancing lasting, systemic reform to the Child and Family Services system. The Government is closely reviewing this report as this is a complex matter as acknowledged by the PBO.

• We will continue our on-going discussions with the Parties to the Canada Human Rights Tribunal complaint, First Nations partners, provinces, and territories in reforming the Child and Family Services system.
If pressed further on the analyses and recommendations of the PBO Report

• The Government is grateful for the important exercise conducted by PBO and is mindful of how challenging it was to analyze multiple sources of data.

• The report provides another perspective on the cost of responding to the Tribunal’s order on compensation for First Nations children who were taken into care and their families, as well as those affected by delays and denials of services that would have been provided under the current implementation of Jordan’s Principle.

If pressed on Canada’s position on the PBO Report

• We maintain there are substantive unresolved questions on the Canada Human Rights Tribunal’s (CHRT) jurisdiction and do not feel that the CHRT is the appropriate forum to determine compensation for individuals.

• We strongly believe that the best approach to finding a fair way forward on compensation for First Nation children is by engaging in discussions with partners in the context of proposed class actions.

• The Government of Canada is committed to overhauling the broken Indigenous child and family services system and working with communities to make sure all policies put the best interest of the child first.