Jordan's Principle - TFN Health and Wellness Centre Webpage

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Jordan's Principle

Social Development
Background
Jordan River Anderson was a First Nation child born with a rare disorder who required hospitalization from birth. The provincial and federal governments could not agree on who was financially responsible for his care in a medical foster home.
Jordan's condition worsened and he passed away in hospital before both government levels could resolve who would pay for provided services.
On December 12, 2007, the House of Commons unanimously supported a Private Member's motion. The motion focused on adopting an approach that addresses First Nations children's needs first.

Jordan's Principle
Definition of Jordan's Principle from the Canadian Human Rights Tribunal

On May 26, 2017, and amended on November 2, 2017, the Canadian Human Rights Tribunal (CHRT) issued a ruling that included an expanded definition of Jordan's Principle.

As part of the ruling, the CHRT ordered the Government of Canada to post the information below on the web.

"[2] In recognition of Jordan, Jordan's Principle provides that where a government service is available to all other children, but a jurisdictional dispute regarding services to a First Nations child arises between Canada, a province, a territory, or between government departments, the government department of first contact pays for the service and can seek reimbursement from the other government or department after the child has received the service. It is a child-first principle meant to prevent First Nations children from being denied essential public services or experiencing delays in receiving them. On December 12, 2007, the House of Commons unanimously passed a motion that the government should immediately adopt a child-first principle, based on Jordan's Principle, to resolve jurisdictional disputes involving the care of First Nations children."

"[135]…Canada's definition and application of Jordan's Principle shall be based on the following key principles:

i.) Jordan's Principle is a child-first principle that applies equally to all First Nations children, whether resident on or off reserve. It is not limited to First Nations children with disabilities, or those with discrete short-term issues creating critical needs for health and social supports or affecting their activities of daily living.

ii.) Jordan's Principle addresses the needs of First Nations children by ensuring there are no gaps in government services to them. It can address, for example, but is not limited to, gaps in such services as mental health, special education, dental, physical therapy, speech therapy, medical equipment and physiotherapy.

iii) When a government service, including a service assessment, is available to all other children, the government department of first contact will pay for the service to a First Nations child, without engaging in administrative case conferencing, policy review, service navigation or any other similar administrative procedure before the recommended service is approved and funding is provided. Canada may only engage in clinical case conferencing with professionals with relevant competence and training before the recommended service is approved and funding is provided to the extent that such consultations are reasonably necessary to determine the requestor's clinical needs. Where professionals with relevant competence and training are already involved in a First Nations child's case, Canada will consult those professionals and will only involve other professionals to the extent that those professionals already involved cannot provide the necessary clinical information. Canada may also consult with the family, First Nation community or service providers to fund services within the timeframes specified in paragraphs 135(2)(A)(ii) and 135(2)(A)(ii.1) where the service is available,





and will make every reasonable effort to ensure funding is provided as close to those timeframes where the service is not available. After the recommended service is approved and funding is provided, the government department of first contact can seek reimbursement from another department/government;
iv.) When a government service, including a service assessment, is not necessarily available to all other children or is beyond the normative standard of care, the government department of first contact will still evaluate the individual needs of the child to determine if the requested service should be provided to ensure substantive equality in the provision of services to the child, to ensure culturally appropriate services to the child and/or to safeguard the best interests of the child. Where such services are to be provided, the government department of first contact will pay for the provision of the services to the First Nations child, without engaging in administrative case conferencing, policy review, service navigation or any other similar administrative procedure before the recommended service is approved and funding is provided. Clinical case conferencing may be undertaken only for the purpose described in paragraph 135(1)(B)(iii). Canada may also consult with the family, First Nation community or service providers to fund services within the timeframes specified in paragraphs 135(2)(A)(ii) and 135(2)(A)(ii.1) where the service is available, and will make every reasonable effort to ensure funding is provided as close to those timeframes where the service is not available. After the recommended service is provided, the government department of first contact can seek reimbursement from another department/government.
v.) While Jordan's Principle can apply to jurisdictional disputes between governments (i.e., between federal, provincial or territorial governments) and to jurisdictional disputes between departments within the same government, a dispute amongst government departments or between governments is not a necessary requirement for the application of Jordan's Principle."
Coverage for services and supports

Health
  • mobility aids
  • wheelchair ramps
  • addiction services
  • services from Elders
  • mental health services
  • specialized hearing aids
  • traditional healing services
  • services for children in care
  • assessments and screenings
  • transportation to appointments
  • medical supplies and equipment
  • long-term care for children with specialized needs
  • therapeutic services for individuals or groups (speech therapy, physiotherapy, occupational therapy)

Social
  • social worker
  • land-based activities
  • personal support worker
  • specialized summer camps
  • respite care (individual or group)
  • specialized programs based on cultural beliefs and practices

Education
  • school supplies
  • tutoring services
  • teaching assistants
  • specialized school transportation
  • psycho-educational assessments
  • assistive technologies and electronics

For further informaniton please drop by the Health Centre or contact
819-723-2260 - Ext 153

Click here to see Important Updates

You can also contact
Jordan's Principle
1-855-572-4453
or visit
TFN Health Centre  
22 Algonquin Avenue
Timiskaming First Nation
Notre-Dame-du-Nord, Quebec - J0Z 3B0
Tel: 819-723-2260 - Fax 819-723-2272
Email: Reception
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