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The Canadian Human Rights Tribunal has today May 26 issued a third compliance order finding Canada's approach to Jordan's Principle to be unlawful and discriminatory.
In a decision , the tribunal concludes that little has changed since its January 2016 ruling that found Canada to be racially discriminating against 165,000 First Nations children, reads a press statement from the First Nations Child & Family Caring Society of Canada.
Today's ruling finds that the current government has adopted the same approach to Jordan's Principle as the former government in 2009-2012, resulting in unnecessary and unlawful bureaucratic delays, gaps and denial of essential public services to First Nations children.
Despite frequent good-will statements by the Ministers of Health Canada and Indigenous and Northern Affairs Canada ("INAC"), the tribunal found that the federal government has failed to comply with even the simplest part of the January 2016 decision, which ordered Canada to immediately adopt a broad definition of Jordan's Principle.
"It is vital that the Prime Minister personally intervene to ensure INAC and Health Canada fully comply with Jordan's Principle. Today's ruling includes evidence from the Tribunal hearing that shows the deaths of at least two children are related to Canada's non-compliance. It should not take four Tribunal orders and counting to get Canada to treat First Nations children lawfully and equitably," said Dr. Cindy Blackstock, executive director of the Caring Society.
In the words of the Tribunal, "the definition of Jordan's Principle adopted by Canada was a calculated, analyzed and informed policy choice based on financial impacts and potential risks rather than on the needs or the best interests of First Nations children, which Jordan's Principle is meant to protect and should be the goal of Canada's programming" (para. 55). The Tribunal notes that even the urgent request of the Wapakeka First Nation, which demonstrated the existence of a suicide pact within the community, was not addressed in a timely manner and two children died by suicide.
"The ruling says simply and clearly that all First Nations children deserve to be treated fairly," said National Chief Perry Bellegarde of the Assembly of First Nations. "The Canadian Human Rights Tribunal has echoed what the AFN has been saying since we first filed this complaint more than 10 years ago: First Nations children deserve the same services that are available to all other children. We believe all Canadians support that approach. We should not have to continually go back to the Tribunal to get the government and bureaucracy to comply."
Professor Sébastien Grammond, one of the lawyers representing the Caring Society, adds, "This is a remarkable decision for First Nations children. Given Canada's lack of compliance with previous orders in this case, the Tribunal had to adopt a proactive approach and be very specific as to what Canada needs to do to implement Jordan's Principle."
We will bring you more on this story when we have it.