Indigenous Services Canada on Jordan’s Principle
Author(s): Scott Douglas Jacobsen
Publication (Outlet/Website): The Good Men Project
Publication Date (yyyy/mm/dd): 2025/02/06
Jacinthe Goulet is a Communications Advisor specializing in Media Relations at, and a spokesperson for, Indigenous Services Canada. Based in Revelstoke, British Columbia, she brings over a decade of experience in communications and public affairs. Jacinthe holds a Bachelor of Fine Arts in Film/Video and Photographic Arts from the University of Ottawa and has completed studies with the Faculty of Native Studies at the University of Alberta. She is a certified yoga instructor and an active volunteer, empowering women and youth through initiatives such as Plan Canada’s “Because I am a Girl” campaign and arts education programs. Jacinthe is fluent in French and English. Goulet talked about the Canadian Human Rights Tribunal’s (CHRT) summary ruling regarding Jordan’s Principle, which ensures First Nations children have equal access to public services. Goulet highlighted the government’s judicial review of the CHRT ruling to resolve legal issues and emphasized ongoing consultations via Tribunal-assisted mediation. She outlined steps to improve service delivery, address a growing demand for requests, and collaborate with Indigenous leaders. ISC aims to transition from federal oversight to a community-based model for Jordan’s Principle, with $8.8 billion in funding and potential increases to meet First Nations children’s evolving needs.
Scott Douglas Jacobsen: What specific legal issues prompted the government to file a notice of application for judicial review of the Tribunal’s summary ruling? What is the aim in requesting a pause on review processes?
Jacinthe Goulet: On November 21, 2024, the Canadian Human Rights Tribunal (CHRT) issued a summary ruling with reasons to follow related to the non-compliance motion and cross-motion on the implementation of Jordan’s Principle.
We submitted a response to the Tribunal on December 10, 2024. As outlined in our response, we are ready and willing to begin Tribunal-mediated consultations regarding Jordan’s Principle. However, there are important legal issues around some aspects of the summary ruling. In order to make sure these can be properly resolved, on December 20, 2024, we filed a notice of application for judicial review with the Federal Court of the Tribunal’s decision. We have also requested an abeyance, or pause, on the judicial review, while we await the full reasons to come from the Tribunal.
We will continue in our work to implement Jordan’s Principle. Parents, guardians and communities should continue to submit requests to Jordan’s Principle for First Nations children. We will continue this important work so that First Nations children can have equal access to public services they need.
Jacobsen: Jordan’s principle is something to ensure “all First Nations children living in Canada can access the products, services and supports they need, when they need them.” How will Tribunal‑mediated consultations be conducted?
Goulet: Jordan’s Principle is intended to ensure that First Nations children have substantively equal access to government services, taking into account their distinct circumstances, experiences, and needs as First Nations children. In its November 21, 2024, Summary Ruling, the Canadian Human Rights Tribunal Panel ordered Canada to consult with the other parties on various matters, in the manner of their choice. The parties have consented to consult through Tribunal-assisted mediation.
Tribunal-assisted mediation sessions took place January 9-10, 2025. The Parties are set to have further discussions on January 17, 23 and 24 (additional dates can be scheduled upon agreement by the mediator and the parties. The mediation sessions are led by a Tribunal member who is distinct from the Tribunal members sitting on the Panel that made the Summary Ruling. Mediation is a confidential process in order to allow the parties to speak openly and frankly in an attempt to reach an agreement. Please contact the Canadian Human Rights Tribunal for further information on the mediation process.
As stated in the November 21, 2024, Summary Ruling, following consultations, the parties will return to the Panel with consent orders or, if that is not possible, each party will provide their respective views and interim options to be decided on by the Panel.
Jacobsen: How can the federal government address concerns for clearer processes for delivery of essential services to First Nations children?
Goulet: Our top priority and our intention remain the same; making sure First Nations children have equal access to the products, services and supports that they need. Canada is working to ensure Jordan’s Principle meets its objectives.
Due to the significant increase in the numbers of requests, we are reviewing our processes at regional and national levels to be more consistent and clearer on the required documentation and the services First Nations children can access through Jordan’s Principle.
Jordan’s Principle has grown at an extremely fast pace over the last few years. From 2021-2022 there were 614,350 approved requests, compared to over 2.8 million approved requests in 2023-2024, a 360% increase. The CHRT has ruled that Canada needs to co-develop interim criteria and guidelines with the current parties in this process. Canada will work at the pace it sets with the parties.
Indigenous Services Canada is taking immediate steps to address the backlog, including: prioritizing the identification and processing of urgent requests; increasing decision-making capacity to reduce wait-times for requestors; immediate reassignment of existing Jordan’s Principle resources to a surge team to focus on urgent requests; and focusing on service delivery and design to speed up request processing and identify opportunities for more effective and efficient service delivery.
This is a valuable initiative, that provides valuable services to First Nations kids. We must work together to ensure those with urgent needs are getting equal access to the care they need.
Jacobsen: How is Indigenous Services Canada ensuring First Nations parents and guardians know the documentation required to access services under Jordan’s Principle?
Goulet: Information about the process to send a request, including the information or documentation needed, is available under “How to send a request” at https://www.sac-isc.gc.ca/eng/1568396296543/1582657596387#sec5
The call centre is open 24 hours a day, 7 days a week, or regional focal points are available to help families start a request through Jordan’s Principle or for more information.
Jacobsen: Does the government project additional funding, beyond the current $8.8 billion, to meet demands for Jordan’s Principle services?
Goulet: The Jordan’s Principle initiative has an annual reference level (or baseline) of $772.8 million per year approved by the Department of Finance until the end of the 2027-28 fiscal year (April 1 to March 31). The baseline level is the amount ISC begins with each fiscal year to cover annual costs of approved requests as well as the operational costs of administering Jordan’s Principle. If necessary, ISC may seek additional in-year funding through the federal budget process or through off-cycle budget requests. Decisions on funding levels are made by the Minister of Finance and the Prime Minister and are subject to Parliamentary appropriations.
Jacobsen: What are the positive ways in which the 8.2 million approved products, services, and supports impact First Nations children’s lives?
Goulet: Jordan’s Principle has provided funding for a wide range of health, social and educational products and services that respond to the unique situation and distinct needs of each First Nation child.
Parents, guardians, representatives and/or First Nations communities submit requests that identify type of products, services and supports that are needed on behalf of First Nations children.
In the current fiscal year (April 1, 2024 to November 30, 2024), the top five categories of requests approved by Jordan’s Principle were to support the following:
- Medical Travel (20,128 requests or 23%),
- Economic Supports (19,553 requests or 22%),
- Education (9,144 requests or 10%),
- Travel (7,202 requests or 8%), and
- Mental Wellness (6,255 requests or 7%).
In the current fiscal year (April 1, 2024 to November 30, 2024), the top five categories of requests funded by Jordan’s Principle were to support the following:
- Education ($353.3 million or 27%),
- Mental Wellness ($256.6 million or 20%),
- Social ($256 million or 20%),
- Health Services ($135.5 million or 11%), and
- Economic Supports ($88.3 million or 7%).
Jacobsen: What is the government’s strategy to work with regional and national partners—including Indigenous leaders—for ongoing reforms to be informed by community voices?
Goulet: Jordan’s Principle is meant to fill gaps that First Nations children may experience in government services that are available to all children. Supporting children is the right thing to do and Canada will step in to make sure kids have equal access to the services they need, no matter where they live.
ISC engages in collaborative efforts with hundreds of First Nations communities and organizations, including Indigenous leadership across Canada, to address the specific needs of their First Nations children through group proposals to Jordan’s Principle.
In the case where there are gaps in services or supports, Canada will always step in to support First Nation’s children. However, Jordan’s Principle is supposed to be used when necessary; it shouldn’t negate provincial or territorial responsibility. We must use public dollars in responsible ways.
Our government has stood with First Nations since 2015, announcing $8.8 billion in Jordan’s Principle funding. We will do everything we can to support children, no matter what it takes.
ISC’s long-term vision of Jordan’s Principle is to move from the current request-driven, federal decision-making based approach to a more systematic and holistic, community-based approach to continuity of care for First Nations children, with specific operational parameters and increased First Nations’ self-determination and control. This vision is better aligned with the pathway to self-determination than the current federal model.
Jacobsen: Thank you for the opportunity and your time, Jacinthe.
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