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Without denial, delay or disruption: Ensuring First Nations children’s access to equitable services through Jordan’s Principle

Published: 10 February 2015

A new report released today, Without denial, delay or disruption: Ensuring First Nations children’s access to equitable services through Jordan’s Principle, highlights the ongoing inequity faced by First Nations children in Canada who need health and social services. Today’s report is being released by researchers from McGill University, the University of Manitoba and the University of Michigan, in collaboration with representatives from the Assembly of First Nations, the Canadian Paediatric Society and UNICEF Canada.

Jordan’s Principle is a child-first principle intended to ensure that First Nations children don’t experience denials, delays, or disruptions of services ordinarily available to other children due to jurisdictional disputes. It is named in honour of Jordan River Anderson, a young boy from Norway House Cree Nation in Manitoba, who encountered tragic delays in services due to governmental jurisdictional disputes that denied him an opportunity to live outside of a hospital setting before his death in 2005. Jordan’s Principle states that in cases involving jurisdictional disputes, the government or government department first approached should pay for and provide services that would ordinarily be available to other children in Canada; the dispute over payment for services can be settled afterwards.

The governmental response to Jordan’s Principle falls far short of realizing the vision of Jordan’s Principle advanced by First Nations and endorsed by the House of Commons in 2007. The current federal and provincial/territorial governmental response narrows the range of cases, service domains, and jurisdictional disputes to which Jordan’s Principle will be applied, introduces delays in payment for services in cases involving jurisdictional disputes, excludes First Nations from Jordan’s Principle implementation and case resolution processes, and lacks mechanisms for ensuring transparency and accountability.

Based on the research findings, The Assembly of First Nations, the Canadian Paediatric Society, and UNICEF Canada call on federal, provincial, and territorial governments to work with First Nations, without delay, in order to:

  1. Develop and implement a governmental response that is consistent with the vision of Jordan’s Principle advanced by First Nations and endorsed by the House of Commons.
  2. Systematically identify and address the jurisdictional ambiguities and underfunding that give rise to each Jordan’s Principle case. By clarifying jurisdictional responsibilities and eliminating the underfunding identified in individual cases, governments can prevent denials, delays, and disruptions in services for other children in similar circumstances. Accordingly, they can better assume the responsibilities to ensure equitable treatment of First Nations children outlined in the Convention on the Rights of the Child, the United Nations Declaration on the Rights of Indigenous Peoples, the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and other federal, provincial/territorial, and First Nations legislation and agreements.

Click here for the full report.
Click here for an information sheet and background information.
 

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