Press Releases

AMC Supports Federal Court of Appeal Decision Rejecting Canada’s Narrow Application of Jordan’s Principle 

Treaty One Territory, Winnipeg, MB ( December 16, 2025) – The Assembly of Manitoba Chiefs (AMC) welcomes the decision of the Federal Court of Appeal in Attorney General of Canada v. Powless, which dismisses Canada’s appeal and confirms that Indigenous Services Canada (ISC) acted unreasonably in denying a Jordan’s Principle request for medically necessary mould remediation for two First Nations children. 

The Court affirmed that Jordan’s Principle is governed by binding Canadian Human Rights Tribunal (CHRT) orders and requires decision-makers to provide clear, transparent, and intelligible reasons that engage with the substantive equality rights, health needs, and best interests of First Nations children. The Court rejected Canada’s attempt to justify the denial by relying on the absence of an “existing government service” without explaining how that interpretation aligns with the CHRT’s Jordan’s Principle framework. Importantly, the Court held that ISC’s decision failed to meaningfully engage with extensive medical evidence showing that mould exposure posed serious and potentially life-threatening risks to the children’s health, and failed to explain why those urgent needs did not warrant funding under Jordan’s Principle. 

“This decision reinforces what First Nations have said all along: Jordan’s Principle is not a discretionary program or a box-ticking exercise,” said AMC Grand Chief Kyra Wilson. “It is a binding human rights obligation grounded in substantive equality and the best interests of the child. Canada cannot continue to narrow its interpretation to avoid responsibility.” 

The AMC, as represented by Fox LLP, intervened in this appeal to address broader systemic concerns with Canada’s ongoing implementation of Jordan’s Principle, including the recurring use of narrow interpretations that place procedural barriers ahead of children’s urgent needs. While the Court’s decision is focused on the adequacy of ISC’s reasoning in this case, it confirms that Canada must justify its interpretations of Jordan’s Principle in a manner consistent with its remedial purpose and binding CHRT orders. 

“This case is not just about one family,” added Grand Chief Wilson. “It reflects a wider pattern where First Nations families are forced to fight, appeal, and litigate to access services that should be provided without delay. That is precisely what Jordan’s Principle was meant to prevent.” 

The matter has been sent back to ISC for reconsideration in accordance with the Court’s reasons. The AMC continues to stand with Ms. Powless and all First Nations families seeking timely, needs-based supports for their children. 

For more information, please contact:
Communications Team
Assembly of Manitoba Chiefs
Email:  media@manitobachiefs.com
 
About the Assembly of Manitoba Chiefs

The AMC was formed in 1988 by the Chiefs in Manitoba to advocate on issues that commonly affect First Nations in Manitoba. AMC is an authorized representative of 62 of the 63 First Nations in Manitoba, with a total of more than 151,000 First Nations citizens in the province, accounting for approximately 12 per cent of the provincial population. AMC represents a diversity of Anishinaabe (Ojibwe), Nehetho / Ininew (Cree), Anishininew (Ojibwe-Cree), Denesuline (Dene) and Dakota Oyate (Dakota) people.