Question Period Note: Jordan’s Principle

About

Reference number:
ISC-2023-QP-00736
Date received:
Dec 15, 2023
Organization:
Indigenous Services Canada
Name of Minister:
Hajdu, Patty (Hon.)
Title of Minister:
Minister of Indigenous Services

Suggested Response:

• ISC is committed to the 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 2016 to August 2023, the Government of Canada has
approved an estimated 3.55 million products, services, and
supports for First Nations children.

Background:

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 long term 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 long term 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 April 5, 2023, a revised $23.4 billion Final Settlement Agreement on Compensation
was reached with the Parties with a subsequent approval of the revised agreement by
the CHRT on July 26, 2023, The Federal Court approved the revised agreement on
October 24, 2023.
• Negotiations are ongoing on a Final Settlement Agreement on Long-Term Reform for
First Nations Child and Family services and Jordan’s Principle to prevent the
reoccurrence of discrimination and to end the CHRT oversight. Final Settlement
Agreement negotiations include a renewed approach to Jordan’s Principle including
support to high needs Jordan’s Principle recipients past the age of majority, maternal
and pre-natal care, and the creation of an alternate dispute mechanism.
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
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includes funding to conduct capital needs and feasibility studies for the delivery of services
funded through Jordan’s Principle off-reserve.
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.

Additional Information:

If pressed on funding commitments
• Since 2016, our Government has committed approximately $4.3
billion towards Jordan's Principle to help First Nations children
with health, social and education services; and $220M over five
years to address the immediate needs of Inuit children through
the implementation of the Inuit Child First Initiative.
• An additional $81.7M has 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 committed to working with First Nations
partners, Parties to the CHRT, provinces and territories to
ensure that Jordan’s Principle is implemented in order to help
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 approach for Jordan’s Principle.

If pressed on January 4, 2022 announcement regarding
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.
• On April 5, 2023, a revised $23.4 billion Final Settlement
Agreement on Compensation was reached with the Parties with
a subsequent approval of the revised agreement by the CHRT on
July 26, 2023. The Federal Court approved the final agreement
on October 24, 2023.
• Negotiations are ongoing on a Final Settlement Agreement on
Long-Term Reform for First Nations Child and Family Services
Program, for improved implementation of Jordan’s Principle,
and to reform Indigenous Services Canada to prevent the
recurrence of discrimination.

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 for:
o The purchase and construction of capital assets for the
delivery of services under Jordan’s Principle on reserve,
and;
o To fund capital needs assessments and feasibility studies
for both on- and off-reserve delivery of services under
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 the Inuit Child First Initiative
• From April 2019 to August 2023 more than 157,700 products,
services, and supports have been approved through the Inuit
Child First Initiative.
• We are working with Inuit partners, including the ITK and Inuit
Treaty Organizations, to co-develop a long-term Inuit-specific
shared responsibility model to align services to better meet
health, social, and education needs of Inuit children.
• The Inuit Child First Initiative will continue to ensure that Inuit
children can access the products, services and supports they
need, when they need them, as we continue to work towards the
long-term shared responsibility model.

If pressed on the 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.