Jordan's Principle

[1]Jordan's Principle is reflective of the non-discrimination provisions of the United Nations Convention on the Rights of the Child and Canadian domestic law that does not allow differential treatment on the basis of race or ethnic origin.

Drawing on a team of over twenty researchers, the report provides a holistic and detailed review of the Government of Canada's First Nations child and family services policy and sets out recommendations for improvement.

The research found that jurisdictional disputes continue to have significant impacts on the lived experiences of First Nations children, particularly those with disabilities.

[8] In January 2016, the Canadian Human Rights Tribunal, a Canadian legal institution with a mandate to adjudicate cases where there has been an alleged breach of the Canadian Human Rights Act, found that the Government of Canada's improper implementation of Jordan's Principle resulted in discrimination against First Nations children and youth on the basis of race and national ethnic origin and ordered the Government of Canada to "cease applying its narrow definition of Jordan's Principle and to take measures to immediately implement the full meaning and scope of Jordan's Principle.

"[9] Since January 2016, the Canadian Human Rights Tribunal has issued several remedial non-compliance orders against Canada for failing to abide by the original decision and implement the proper definition of Jordan's Principle.

[10][11] In September 2016, the Tribunal specified that Jordan's Principle applies to all First Nations children, not only those resident on reserve nor only those with "disabilities and those who present with a discrete, short-term issue.

[17] The Government of Canada submitted a judicial review of the Canadian Human Rights Tribunal compensation order to the Federal Court in October 2019.

Canada sought an order to quash all financial compensation and a motion to stay the Canadian Human Rights Tribunal proceedings until the Federal Court makes a decision on the judicial review.

It asserted further that Jordan's Principle is not a fixed budget program, but a legal obligation of the Government of Canada, meaning funding expands with the number of eligible children.

Alanis Obomsawin's 2016 documentary film We Can't Make the Same Mistake Twice argues that the federal government has fought applying Jordan's Principle to such a degree that an $11-million fund set aside to cover its costs was never used.