Press Release
In 2016, the Canadian Human Rights Tribunal (CHRT) found that First Nations children were being unnecessarily taken into child welfare care due to an inequitable provision of federally-funded education, health, social and prevention services.2 Children with disabilities or multiple service needs were especially at risk of child welfare placement due to a lack of culturally appropriate and relevant services, particularly on reserve. The federal Government was ordered to stop discriminating against First Nations children and to reform its First Nations Child and Family Services (FNCFS) system and funding framework, to fully implement Jordan’s Principle.
Jordan’s Principle
Jordan’s Principle (named for Jordan River Anderson) aims to ensure First Nations children can access the products, supports and services for health, education and social needs. Requests are reviewed according to considerations of substantive equality, the child’s needs and best interests, culturally appropriate services and distinct community circumstances. The federal approach to Jordan’s Principle has evolved in response to a series of CHRT rulings and related policies, such as Back to Basics (B2B). The B2B approach was designed to reduce federal red tape while ensuring accountability with the use of
This information sheet is one in a series1 about child welfare, written for First Nations developing child and family prevention services as part of the systemic reform underway across Canada.
professional letters. Overall, B2B was intended to “be non-discriminatory, centre the needs and best interests of the child, consider distinct community circumstances, ensure substantive equality and culturally relevant service provision, be simple to access, be timely and minimize the administrative burden on families.”3
Since 2016, the federal rollout, funding and infrastructure for Jordan’s Principle and First Nations Child and Family Services (FNCFS) have been found to be uncoordinated, undefined and insufficiently documented. While Jordan’s Principle has been life-changing and positive for many First Nations children whose families have accessed funds to ensure substantive equality and address service gaps, Canada’s flawed implementation has been criticized by First Nations,4 the CHRT5 and the Federal Court.6 In particular, Canada’s unilateral implementation of policies that narrow eligibility and delay access,
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