Jordan's Principle facts for kids
Jordan's Principle is an important rule in Canada. It makes sure that First Nations children can get all the public services they need. This includes things like healthcare, education, and social services. It applies to children living both on and off reserves.
The main idea of Jordan's Principle is simple: First Nations children should never be denied help or made to wait. This applies even if different governments are arguing about who should pay for the service. It also means children should get services that truly meet their needs. These services should be culturally appropriate. They should also consider the challenges many First Nations children face because of colonization. The government that is first asked for help must pay for the service right away. They can sort out who pays later.
History
Jordan's Principle was created because of a sad event. It is named after a five-year-old boy named Jordan River Anderson. Jordan was from Norway House Cree Nation. He had a rare muscle disorder that needed a lot of medical care.
Jordan spent his first two years in a hospital in Winnipeg. Doctors said he could move to a family home near the hospital. But the federal and Manitoba provincial governments argued for over two years. They couldn't agree on who should pay for his home care. Jordan stayed in the hospital during this time. In 2005, at age five, Jordan died in the hospital. He never got to live in a family home.
After Jordan's death, the First Nations Child & Family Caring Society released a report in 2005. It was called Wen:De: We are Coming to the Light of Day. This report looked at how the Canadian government provided services to First Nations children. It found that arguments between governments often hurt First Nations children, especially those with disabilities. The report suggested that Jordan's Principle should be adopted by all governments in Canada.
In 2007, the House of Commons of Canada supported Jordan's Principle. Later, in 2015, the Truth and Reconciliation Commission of Canada made Jordan's Principle a key recommendation. It was Call to Action number 3. They asked all levels of government to fully put Jordan's Principle into action.
Canadian human rights case
In 2016, the Canadian Human Rights Tribunal made an important decision. This Tribunal is like a court that deals with human rights issues in Canada. It found that the Canadian government was not properly using Jordan's Principle. This led to unfair treatment of First Nations children. The Tribunal said this was discrimination based on race. It ordered the government to fully follow Jordan's Principle right away.
Since then, the Tribunal has had to issue more orders. This was because Canada was still not fully following the original decision. In 2016, the Tribunal made it clear that Jordan's Principle applies to all First Nations children. This includes children living on or off reserves. It also applies to children with any kind of need, not just those with disabilities.
The Tribunal gave clear rules for how Jordan's Principle should be used:
- It must apply to all First Nations children under the age of majority. This includes children living on and off reserves.
- It must be based on what the child needs. It should not just be about what other children usually get.
- Paperwork or rules should not cause delays in getting services.
The Tribunal also set time limits for decisions on requests:
- For urgent cases: within 12 hours.
- For non-urgent cases: within 48 hours.
In 2019, the Tribunal ruled that First Nations children and their families should receive money. This was for the "wilful and reckless" discrimination they faced. This meant that children and their parents or grandparents who were affected by delays or denials of services could get up to $40,000.
The definition of a "First Nations child" for Jordan's Principle has also been expanded. In 2020, the Tribunal ordered that more children should be covered. This includes First Nations children who live off-reserve but are recognized by their Nation. It also includes children who might become eligible for Indian Act status. This ensures that more First Nations children can get the help they need.
The Tribunal has made it clear that Jordan's Principle is a legal duty for the Canadian government. It is not a program with a fixed budget. This means that funding must grow to cover all eligible children.
Jurisdictional disputes
In Canada, it can sometimes be unclear which government should pay for services for First Nations children. This happens even when the service is normally available to other children. Often, governments would delay or deny services while they argued over who should pay.
Under Jordan's Principle, this problem is solved. If two governments (federal, provincial, or territorial) or even two departments within the same government argue about payment, the rule is clear. The government or department that is first contacted must pay for the service. They must do this without any delay. The governments can then sort out the payment dispute later, after the child has received the service. This way, children get the help they need right away.
