Unfulfilled promises: Canada’s failure with Jordan’s Principle

In a country that takes pride in its commitment to diversity and inclusion, Canada’s track record regarding Indigenous rights and welfare often reveals something different. When it comes to implementing support for Indigenous children through Jordan’s Principle, Canada falls short on the promises made.  

Jordan’s Principle is named in memory of Jordan River Anderson, a young boy from Norway House Cree Nation who spent much of his life in hospital due to disputes between the federal and provincial governments, over who should pay for his home care. Sadly, Jordan died at five. Jordan’s Principle was then established to ensure Indigenous children could immediately access the services they need. The principle states that the government department first contacted should pay for a service, with any disputes to be resolved afterward.  

Broken promises lead to more pain 

Indigenous children and families already face systemic barriers when trying to access essential services which are underfunded for Indigenous communities, including healthcare, education, and social support. When Jordan’s Principle is not fulfilled, it places burden on Indigenous families and breaks the trust between Indigenous peoples and the Canadian government.  

Community partners as heroes  

Funding and assistance from Jordan’s Principle is inconsistent, unreliable, and time-consuming. Families often face barriers such as understanding the language and systems; out of pocket costs; lengthy wait times; and lack of communication from government staff.  

Indigenous-led non-profit organizations, grassroots initiatives, and advocacy groups often step in to play a vital role and provide essential support to families, including funding and advocacy efforts to create policy changes.   

The Indigenous Support Project (TISP), a community partner of the National Reconciliation Program at Save the Children, is an example of an organization that fills the gaps when Jordan’s Principle does not follow through.  

In addition to necessary support for families, TISP also provides meal vouchers, hot meals, groceries and other essentials. 

 In critical situations, timely assistance can save a life. Organizations and advocates for systemic change in child and family services, such as TISP, are vital. TISP is a benefit to Indigenous families, but their efforts should not be a substitute for a promise by the Canadian government.  

Taking action  

The First Nations Family and Caring Society decided to take the issue of Canada failing to live up to its promises of Jordan’s Principle before the Human Rights Tribunal. Cindy Blackstock, CEO of The First Nations Family and Caring Society, said in a CTV news article that children’s lives remain at risk due to the mismanagement of Jordan’s Principle.   

 The First Nations Family and Caring Society states that Jordan’s Principle does not support families in a timely manner, despite consistent backlash over the past few years. According to Cindy Blackstock, thousands of cases have not been acknowledged.  

 In 2022, the Government of Canada concluded a promise to compensate those impacted by the narrow definition of Jordan’s Principle, as well as for children who did not receive or were delayed from receiving an essential public service or product. A settlement of $23 billion was reached in 2023 by the Assembly of First Nations, Moushoom and Trout Class action plaintiffs, and The First Nations Family and Caring Society with the government. This was to  compensate families  harmed by underfunding of Indigenous child services and lack of support from Jordan’s Principle. The Government of Canada has acknowledged the situations through this class-action settlement, yet nothing has changed. This only demonstrates the lack of interest and empathy Canada displays for Indigenous children and families. 

Now what? 

Canada must prioritize the full and effective implementation of Jordan’s Principle, not only as a matter of legal obligation but also as a moral one. This requires meaningful engagement with Indigenous communities, funding for essential services, and the dismantling of systemic barriers that perpetuate inequality and discrimination. 

In addition, the implementation and interpretation of Jordan’s Principle across the country should be reassessed, from the perspective of Indigenous organizations and communities. This way, barriers and solutions can be identified.  

Canada must honour its commitments to First Nations, Metis, and Inuit communities through Jordan’s  Principle, the Truth and Reconciliation Commission, and international human rights frameworks, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Upholding Indigenous rights is not just a legal obligation; it is a fundamental aspect of reconciliation and nation-building in Canada. 

As Canadians, we cannot turn a blind eye to the injustices faced by Indigenous peoples, especially children. We cannot ignore the fact that the promise of Jordan’s Principle is not being fulfilled. Canada must display true leadership in upholding Indigenous rights and ensuring that every child, has access to the services they need to thrive.