The federal government filed its written submissions to the federal court on its application for judicial reviews on the issues of compensation and the definition of a First Nation’s child for the purposes of Jordan’s Principle eligibility. On the issue of compensation, the September 2019 ruling demonstrates “an overreach of jurisdiction which fails to adequately advance fair, equitable and comprehensive compensation. That is why we are actively seeking alternative avenues to comprehensive compensation for those affected”.

The federal government stated that on the issue of the definition of First Nations child for the purposes of Jordan’s Principle eligibility, we agree that services and supports should be provided to children who are recognized by their First Nation for eligibility under Jordan’s Principle, which is why eligibility will remain in place for them. However, we maintain that further engagement is required directly with First Nations on the important questions of community acceptance and second-generation eligibility, as outlined in the July and November 2020 CHRT rulings. Deciding who belongs to a First Nation community is complex and Canada will work with First Nations in making those decisions and implement the community acceptance aspect of this order regardless of the outcome of the judicial review. Since 2018, Canada has implemented changes to Jordan’s Principle to permanently expand eligibility criteria to include children who are registered or eligible to be registered under the Indian Act, and children who ordinarily reside on reserve. Additionally, 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.