Jordan’s Principle is a child-first principle intended to ensure that First Nations children do not experience denials, delays, or disruptions of services ordinarily available to other children due to jurisdictional disputes.
Jordan’s Principle is named in honour of Jordan River Anderson, a First Nations child from Norway House Cree Nation, in Manitoba, who was born with a rare neuromuscular disease. Because his complex medical needs could not be treated on-reserve, Jordan was transferred to a hospital in Winnipeg, far from his community and family home. In 2001, a hospital-based team decided that Jordan’s needs would best be met in a specialized foster home closer to his home community.
However, federal and provincial governments disagreed regarding financial responsibility for Jordan’s proposed in-home services. The disputes ranged from disagreements over funding of foster care to conflicts over payment for smaller items such as a showerhead. During these conflicts, Jordan remained in hospital for more than two years, even though it was not medically necessary for him to be there. In 2005, Jordan died in hospital, at the age of five, never having had the opportunity to live in a family home.
BACKGROUND
The federal government is fighting the Canadian Human Rights Tribunal (CHRT) decision from Sept. 6, 2019 to award $2B in damages to First Nations children apprehended by Child Welfare authorities on or after Jan. 1, 2006 as well as those denied essential services as per Jordan’s Principle. The government has been fighting the Assembly of First Nations (AFN) and the First Nations Child and Family Caring Society of Canada since 2006 and has not completely responded to the multiple compliance orders issued against them by the CHRT.
On Oct. 4, 2019 the federal government sought a judicial appeal against the Canadian Human Rights Tribunal award of compensation. On Nov. 29, 2019 the Federal Court denied the request and gave both parties until Jan. 29, 2020 to report back to the Tribunal. The date has been extended until Feb. 21, 2020.