November 27, 2020
By Jordan Cryderman
Thanks to a new ruling by the Canadian Human Rights Tribunal (CHRT), services under Jordan’s Principle will be more accessible to Indigenous children.
Before this ruling, Indigenous children were only eligible for services under Jordan’s Principle if they fit within the Indian Act. The CHRT found that Canada’s narrow implementation of Jordan’s Principle resulted in service gaps that were discriminatory by nature, and excluded a portion of Indigenous children from accessing services.
Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society, says that this order will help Indigenous children get the support they need, and will avoid the restrictions of the Indian Act.
“This order ensures that First Nations children living off reserve can get the help they need under Jordan’s Principle. It recognizes that for the purposes of Jordan’s Principle, Canada’s racist Indian Act does not limit a First Nation child’s eligibility for services.”
With the Tribunal’s new ruling, a child can qualify by passing any one of these requirements:
1. The child is registered or eligible to be registered under the Indian Act;
2. The child has one parent/guardian who is registered or eligible to be registered under the Indian Act;
3. The child is recognized by their Nation for the purposes of Jordan’s Principle; or
4. The child ordinarily resides on reserve.
The scope of this ruling refers only to Jordan’s Principle, and avoids determining who is an Indigenous child, as the Tribunal believes that is up to the Nations to determine for themselves.
Mary Teegee, Executive Director of Child and Family Services at Carrier Sekani Family Services, is happy to see another step away from the old colonial system.
“This is another win for our children. We have always attested that who we are as Indigenous people isn’t defined by the boundaries of an antiquated colonial reserve system. This is another step forward in solidifying our right to make decisions about our most important resource – our children.”
Funding for Jordan’s Principle has also been revised as part of the Tribunal ruling. Now, the funding pool is no longer set with a fixed amount, meaning Canada is required to fund all eligible requests. Nations can also secure funding in order to develop their own recognition process.
The Government of Canada has until December 25, 2020, to dispute the decision, however the rules are in place, effective immediately.
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