Jordan’s Principle

AMC Jordan’s Principle Service Coordination Unit
1-844-622-4433 or 204-987-4139
jordansprincipleadmin@manitobachiefs.com

What is Jordan’s Principle?

Jordan’s Principle is a child-first and needs-based principle that applies equally to all First Nations children resident on or off-reserve. It ensures there is no denial or delay for First Nations children in receiving essential public services that are available to all other children by having the government department of first contact pay for the service.

Reimbursement can be sought from another government or department after the child has received the service.

What does this mean?

  • Ensures no gaps in government services to First Nations children.
  • When a service is not available to all other children, the government is to ensure culturally appropriate services and/or to safeguard the best interests of the child.
  • No need to engage in case conferring, policy review, service navigation or any other similar administrative procedure before services are provided.
  • A dispute amongst government departments or between governments is not a necessary requirement.

Jordan’s Story

Jordan River Anderson, a Norway House Cree Nation (“NHCN”) citizen, was born in Winnipeg on October 22, 1999.  His parents lived in NHCN at the time of his birth. Jordan was born with a complex genetic disorder and severe developmental delay, tracheotomy, ventilator dependent and was fed through a gastrostomy tube, formally diagnosed with Carey-Fineman Syndrome. When Jordan was born, he remained in Children’s Hospital – Health Sciences Center.

In 2001, medical officials deemed Jordan “fit” to leave the hospital if a medically trained foster home in Winnipeg was secured and close proximity to the hospital in case Jordan needed to access immediate medical attention. A Voluntary Placement Agreement (“VPA”) was entered into with the Kinosao Sipi Minisowin Agency (“KSMA”, the NHCN Child and Family Services Agency).  This allowed KSMA to help facilitate family visits and support in Winnipeg to spend time with Jordan.

KSMA struggled with getting approval from DIAND to cover his per diem in a foster home: The federal government was responsible for Jordan’s welfare costs as his parents were deemed “on-reserve” when Jordan was placed under a VPA. Jurisdictional disputes commenced between DIAND and the Province and Health Canada for his per diem costs. Some costs were medical-related, i.e. tubing for feeding, special formula, ongoing medication, etc.  KSMA would not have him discharged from the hospital into a foster home, knowing that they would not get reimbursed for his per diem.  Hospital officials grew frustrated knowing this child was being held in an insured hospital setting.

In 2002/03, the hospital contacted the Manitoba Children’s Advocate office for assistance as they felt Jordan, a child in care, was not being treated fairly by the government and was being denied the opportunity to be released from the hospital to a foster home. The Manitoba Children’s Advocate intervened but got nowhere.  The Children’s Advocate and NHCN determined to go political, and the Assembly of Manitoba Chiefs was contacted.

AMC worked with NHCN and KSMA, and the AMC Grand Chief at the time (Dennis Whitebird) called for a meeting with RDG’s/ADM of DIAND, HC, provincial Family Services and Health and FNIHB, as Jordan’s needs fell within the purviews of legislated and funding authorities of both federal and provincial governments:

  • DIAND: Jordan’s foster care as DIAND has fiduciary responsibility for child welfare of federal children
  • Manitoba Family Services: Authority of CFS legislation and funding/services for ALL Manitoban children in the care of the state
  • FNIHB: Funding and legislative responsibility for non-insured health costs of Status Indians (Indian Act)
  • Manitoba Health: Insured Health costs.

While the federal and provincial governments were disputing the costs of care for Jordan, Jordan died in Winnipeg on February 2, 2005, never being able to go back to Norway House Cree Nation because of wrangling on who was responsible for paying for his care in NHCN. The legacy of Jordan River Anderson still continued by trying to resolve and ensure that every child received services without delay or disruption. In January 2006, the AMC Chiefs in the Assembly passed a resolution that called on the federal and provincial governments to implement the “child first principle” in resolving inter-governmental jurisdictional disputes, and, in honour of the memory of Jordan and with respect to his family and community, that this “child first principle” be termed “Jordan’s Principle” and be implemented without delay.

In December 2007, a debate took place in the House of Commons on Jordan’s Principle called Private Members Motion 296.  There was full support. In November 2008, Private Member’s Bill 203 Jordan Principle Implementation Act was introduced in the Manitoba Legislature but never made it to 2nd reading.

In 2011, the AMC Chiefs in the Assembly further called for implementing Jordan’s Principle by endorsing the “Declaration on Action for Implementation of Jordan’s Principle.”

Canadian Human Rights Tribunal decision

In the January 26, 2016, the Canadian Human Rights Tribunal decision of First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada) (the “CHRT Decision”), the CHRT determined Canada discriminates against First Nations children.  It ordered Canada to, among other things:

  • cease applying the narrow definition of Jordan’s Principle;
  • take measures to immediately implement the full meaning and scope of Jordan’s Principle.

Implementation of Jordan’s Principle was identified as one of the first five Calls to Action on First Nations child welfare in the final report of the Truth and Reconciliation Commission.

In January 2016, Canada committed up to $382.5 million over three years to Jordan’s Principle “Child-First Initiative.” This included $330 million nationally for service delivery and $110 for 2016-17 for service delivery for ten provinces and the Yukon.

So far, the Child-First Initiative has provided coverage for a variety of services and supports, including:

  • respite care
  • mental health services
  • rehabilitative therapies
  • services for children in care
  • transportation to appointments
  • medical supplies and equipment
  • special education
  • supports and services
  • long-term care for children with specialized needs

Jordan’s Principle Service Coordination Project

The AMC Women’s Council and the Grandmothers Council oversee the Jordan’s Principle Service Coordination Project. The role of the AMC Jordan’s Principle Services Coordination is to support the Jordan’s Principle Engagement by implementing the recommendations identified in the Jordan’s Principle Forum and the Keewaywin Engagement Manitoba First Nations Jordan’s Principle Implementation report.

One of the long-term goals identified for a potential model of the implementation of Jordan’s Principle is a “Centre of Excellence” that is to be responsible for policy development, potentially provide professional services, work with First Nations to enhance capacity and be a funding flow through.

Report a Jordan’s Principle case

Jordan’s Principle Case Manager/ Special Needs Advocates work with First Nations to identify and assess the needs of the child(ren), and family. They provide ongoing coordination of care by seeking services for the family to be offered on-reserve. The Case Manager/ Special Needs Advocates works with the school and other local service providers to develop a holistic model of care for the child(ren) and family.

Family Journey for a Jordan’s Principle-Child First Initiative- On-Reserve:

If you are a First Nation on-reserve with a Jordan’s Principle Case, the point of contact will be the local Jordan’s Principle Case Manager. Please contact your local band office to speak with the Jordan’s Principle Case Manager.

  1. Appointment with Jordan’s Principle Case Manager: gathers information about your concerns but also your hopes and goals for your family.
  2. Referral and Appointment with Specialist: the specialist will come to the community to meet your child and family.
  3. Wholistic Care: the Jordan’s Principle Case Manager will ensure that your children’s physical, emotional, mental, and spiritual needs are met.
  4. Child Centred Care Plan: the Jordan’s Principle Case Manager will work your family including the school, specialist and others to identify supporting needs and to set goals for your child.
  5. Evaluation: the Jordan’s Principle Case Manager meets with you and child regularly to see if your needs are being met.

Family Journey for a Jordan’s Principle-Child First Initiative- Off- Reserve:

For children and families off-reserve, contact a Jordan’s Principle Special Needs Advocate through the Eagle Urban Transition Centre.

  1. Appointment with Jordan’s Principle Special Needs Advocate: gathers information about your concerns but also your hopes and goals for your family.
  2. Referral and Appointment with Specialist: the specialist will come to the community to meet your child and family.
  3. Wholistic Care: the Jordan’s Principle Special Needs Advocate will ensure that your children’s physical, emotional, mental, and spiritual needs are met.
  4. Child-Centred Care Plan: the Jordan’s Principle Special Needs Advocate will work your family including the school, specialist and others to identify supporting needs and to set goals for your child.
  5. Evaluation: the Jordan’s Principle Special Needs Advocate will meet with you and child regularly to see if your needs are being met.
  6. Research/ Reports

Resources

Jordan’s Principle Newsletter – March 2023

Jordan’s Principle Newsletter – February 2023

Jordan’s Principle Newsletter – October 2022

Read The Implementation of Jordan’s Principle in Manitoba: Final Report

Read the Implementation of Jordan’s Principle in Manitoba FAQ’s

Read the Declaration for the Implementation of Jordan’s Principle

Read the Keeywawin Report

2019 – Jordan’s Principle power point presentation

2006 AMC Resolution – Action for the Implementation of Jordan’s Principle

2006 AMC Resolution – Jordan’s Principle to Resolving Jurisdictional Disputes Impacting First Nations Children and Young People

2012 AMC Resolution – Target Date for Ending Inequality for First Nations Children and Youth

2014 AMC Resolution – AMC Granted Leave to Intervene in the Pictou Landing Case Appearing Before the Federal Court of Appeal

2016 AMC Resolution – Immediate Implementation of the Canadian Human Rights Tribunal Decision Re: First Nations CFS and Jordan Principle Program

2016 AMC Resolution – FIRST NATIONS DIRECTIVES FOR JORDAN’S PRINCIPLE