AMC: Tribunal’s Jordan’s Principle Decision Exposes Critical Crisis in Funding and Services for First Nations Children

November 22, 2024

Treaty One Territory, Manitoba

AMC Communications

Treaty One Territory, Winnipeg – The Assembly of Manitoba Chiefs (AMC) welcomes the recent Canadian Human Rights Tribunal rulings under Jordan’s Principle as an essential step forward but warns that Canada’s ongoing failures to implement equitable funding and services have created an escalating crisis for First Nations children, youth, and families in Manitoba.

Acting Grand Chief Betsy Kennedy expressed concerns about the growing gap between the Tribunal’s orders and the reality faced by AMC member First Nations:

“The Tribunal has provided clear direction to Canada on its legal obligations under Jordan’s Principle, yet First Nations children in Manitoba are still waiting for the support they deserve. Canada’s failure to adequately fund and deliver services has left families in a state of crisis. We demand immediate action to address these systemic failings.”

While the Tribunal’s decision reinforces Canada’s responsibility to provide timely, equitable services for First Nations children, the AMC highlights that Canada’s current approach has left many First Nations without the resources needed. The Manitoba Region of Indigenous Services Canada (ISC) has failed to provide adequate funding for regular and high-cost services, forcing First Nations to cover essential costs, including medical transportation, out of pocket. This contravenes the core principles of Jordan’s Principle.

To ensure the ongoing success of Jordan’s Principle implementation in Manitoba, the AMC calls for a First Nations-led approach, fully aligned with the AMC’s recent First Nations Charting Their Path: Jordan’s Principle Knowledge Translation Engagement Report. AMC’s report underscores the urgent need to return to the original intent of Jordan’s Principle, prioritizing First Nations sovereignty through simplified, streamlined procedures and direct involvement in decision-making. By respecting the inherent sovereignty and rights of First Nations, AMC’s proposed approach addresses systemic inequities and ensures that First Nations’ voices are central to shaping the future of Jordan’s Principle. 

The AMC applauds the Tribunal’s recent orders to strengthen Jordan’s Principle. These measures include critical measures to improve service delivery for First Nations children, greater accountability, and prompt reimbursement for approved services aimed at eliminating circumstances that create undue hardship for families.

“While we commend the Tribunal’s decisions, the reality for First Nations in Manitoba remains dire,” said Acting Grand Chief Kennedy. “The AMC has been working alongside Canada under a Memorandum of Understanding to address these challenges, yet the failure of the ISC Manitoba Region to respond effectively has left many First Nations without the critical resources needed to support our children. This crisis is avoidable, but Canada’s continued inaction forces our families to navigate a broken system.”

The failure to meet the Tribunal’s directives only deepens the crisis. For example, Canada’s obligation to ensure that relevant contact details for ISC offices are readily available online is due by December 10, 2024. Yet, AMC’s Jordan’s Principle Technical Advisory Group and First Nations are reporting continued and significant communication barriers. Similarly, the requirement to avoid delays in approving services and reimbursing families has been overlooked, and ISC Manitoba Region has not provided sufficient clarity or action.

The AMC demands that Canada immediately address the funding shortfalls and fully implement the Tribunal’s directives. This includes providing direct funding to First Nations to ensure autonomy and community-specific solutions, establishing transparent communication channels for families to access Jordan’s Principle services, eliminating service delays by adhering to the Tribunal’s timelines for both urgent and non-urgent cases, and securing adequate funding for essential services, including medical transportation and high-cost care.

“The Tribunal has set a clear path forward,” said Acting Grand Chief Kennedy. “Canada must meet these legal requirements and ensure no child is left without care. First Nations children deserve nothing less than timely, equitable, and respectful treatment under Jordan’s Principle.”

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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 all 63 First Nations in Manitoba with a total of more than 172,000 First Nations citizens in the province, accounting for approximately 12 percent of the provincial population. AMC represents a diversity of Anishinaabe, Nehetho / Ininew, Anisininew, Denesuline, and Dakota Oyate peoples.