Jordan’s Principle is a legal ruling. Due to its nature, there are often new policies that emerge as a result of new CHRT rulings. These policy developments can be found here.
Back to Basics
To apply a Canadian Human Rights Tribunal order compliant “back to basics”
approach for implementing Jordan’s Principle that is non-discriminatory, centers
the needs and best interests of the child, takes into consideration the distinct
circumstances of their community, is simple to access, timely, and minimizes the
administrative burden on families. Jordan’s Principle team members will exercise
compassion, common sense, and a reconciliation-first approach when receiving,
processing, and determining Jordan’s Principle requests.
Jordan’s Principle is a legal obligation with no end date. It is a needs-based initiative,
driven by principles of substantive equality, the best interest of the child, and
distinct community circumstances. Jordan’s Principle ensures First Nations children
can access the products, services, and supports they need, when they need them.
Cost or other administrative considerations are not factors in determining a request.
In keeping with the spirit of Jordan’s Principle, decision making by Indigenous
Services Canada (ISC) is informed by the following presumptions:
Professionals and community-authorized Elders and knowledge holders are
acting within their area of expertise and in the best interests of the child;1
The parent or guardian is acting in the child’s best interest when consenting to
the recommended product, service, or support;
Substantive equality applies to the child (more on this below);
The request is specific to the child and their needs;
Requests are not limited to those falling within the normative standards.
By virtue of 2021 CHRT 41, First Nations, First Nations child and family services agencies and First Nations-authorized Jordan’s Principle service providers can access funding for the purchase and construction of capital assets that are needed to:
support the delivery of child and family services to First Nations children on-reserve and in Yukon
provide safe, accessible, confidential and culturally- and age-appropriate spaces that are needed to support the delivery of Jordan’s Principle services on-reserve, in the Northwest Territories and in Yukon, which can include space to administer those services, such as in support of service coordination
provide First Nations Representative Services (formerly Band Representative Services) in First Nations in Ontario
Capital assets are pieces of property, buildings, spaces or vehicles that are intended for long-term use. For example, funding for capital assets would support:
purchasing land on which a building is to be built for the delivery of First Nations child and family services, First Nations Representative Services or Jordan’s Principle services
repairing or renovating an existing building for the delivery of such services
establishing a cultural space, including outdoors, to run prevention-based programming
To access funding for capital assets, projects must be considered “ready to proceed”. This means that the project has received approval from the First Nation and the feasibility and design work has been completed. Indigenous Services Canada will provide support to First Nations and agencies to bring a project to the stage where it is considered “ready to proceed”, including providing funding to conduct a capital needs assessment or a feasibility study.
First Nations child and family services agencies may continue to seek reimbursement for building repairs through a claim on actuals as per 2018 CHRT 4.