Dene Nation voices opposition to Jordan’s Principle changes

The Dene Nation says proposed changes to a funding program – meant to make services available to First Nations youth more equitable – raise “significant concern.”

On February 10, the federal government released an operational bulletin notifying the public of updates to the way Jordan’s Principle is administered across Canada.

The update clarifies that requests for non-medical supports such as clothing, child care, home renovations, international travel, sporting events and requests from schools located off-reserve will not be approved unless required by “substantive equity.”

Jordan’s Principle is a legal obligation the federal government is required to fulfill to ensure that First Nations children have equal access to services.

It was named after Jordan River Anderson, from Norway House Cree Nation in Manitoba, who was caught in a jurisdictional dispute between the provincial and federal government over who would pay for the services required for the child to live at home.

Jordan passed away in 2005 before the dispute could be resolved.

Many First Nations in the NWT, including the Dene Nation, employ dedicated Jordan’s Principle coordinators to help ease the administrative burden on families and facilitate requests to the federal government.

Each application is required to include a letter of support that indicates how the request would help support a child’s unmet health, social or educational need.

The changes to the program come after the Canadian Human Rights Tribunal released a decision on January 29.

The decision – which followed evidence from the Canadian government that claims for things like modelling headshots and gaming consoles were being paid for through the program – asserted that “this was never what the Tribunal envisioned under Jordan’s Principle.”

“It is troubling to know that some communities are living in poverty leaving children in precarious conditions and others would use Jordan’s Principle to access services a thousand miles away from the normative standard,” the decision read.

However, the ruling also included evidence brought by Dr Ryan Rioux in an affidavit, who spoke to social prescriptions and a holistic lens to the needs of First Nations youth.

“A gaming console that provides a displaced teenager with the ability to reconnect with their online gaming community may provide stability and mental wellness in a time of crisis,” the decision noted.

In September 2022, the Institute of Fiscal Studies and Democracy (IFSD) – which is housed within the University of Ottawa – published a report on the application of Jordan’s Principle.

The report studied requests made during the 2020-21 fiscal year and found that the largest individual category of requests was for education supports (26 percent of requests) followed by healthy child development and medical travel (each 12 percent).

In the NWT, Jordan’s Principle has been used for everything from on-the-land programs in Inuvik to purchasing food during pandemic school closures.

The First Nations Caring Society, headed by Dr Cindy Blackstock, has long battled the federal government in court over how requests made through Jordan’s Principle are administered.

In a press release published on Thursday, the Caring Society stated: “The federal government alleges misuse but has not produced any credible data on the nature and extent of the problem.”

In a radio interview with CBC, Blackstock argued the Canadian government already has the ability to deny requests that do not meet the the required criteria. She suggested the Caring Society may pursue further legal action if the operational bulletin is not repealed.

She said Canada’s non-compliance with the Canadian Human Rights Tribunal’s past decisions on the implementation of Jordan’s Principle can have detrimental effects on children and families.

“The deaths of at least three children have been linked to Canada’s non-compliance with these legal orders in this last year alone,” said Blackstock.

The federal government has argued that the number of requests for funding has ballooned in the years since the Canadian Human Rights Tribunal ruled that Canada was too narrow in its interpretation of Jordan’s Principle and too restrictive in its eligibility criteria.

According to the study conducted by the IFSD, requests made in the NWT grew exponentially between 2017 and 2021, from eight requests to 1,376.

The federal government has said the total number requests and corresponding number of payments issued has grown by 311 percent over the past five fiscal years, causing a backlog of 140,000 requests as of December 2024.

In an emailed statement to Cabin Radio, Indigenous Services Canada – the agency responsible for administering the program – wrote in part: “The changes to our operational procedures are about ensuring long-term sustainability, keeping pace with increased demand, and expediting decision-making – all while staying true to the spirit of Jordan’s Principle.”

The federal agency said it was taking “immediate steps” to address the backlog of requests waiting to be processed, which include the prioritization of urgent requests and improved decision-making capacity.

In a press release, the Dene Nation called the backlog “unacceptable” and said the delay in processing applications “weakens the very essence of Jordan’s Principle, which is to provide timely access to essential services.”

The Dene Nation is calling for the creation of dedicated regional offices with decision-making authority, culturally appropriate services, transparent communication between the federal government and regional administrators, and for the backlogs to be speedily addressed.

Regarding the operational bulletin, Dene National Chief George Mackenzie wrote in the press release: “This decision undermines Canada’s commitment to justice and equality for Indigenous communities and poses significant challenges for families who are already navigating systemic barriers.”