History

Jordan River Anderson (October 22, 1999 – February 2, 2005) was a First Nations child from Norway House Cree Nation in Manitoba. Born with complex medical needs, he remained in the hospital for years because the federal and provincial governments could not agree on who would cover the cost of his at-home care. Jordan passed away at the age of five, never having had the chance to live in his family home or First Nation.

Jordan’s family gifted his name to Jordan’s Principle in honor of his fight for equity, ensuring that First Nations children receive the services they need without delay. His legacy continues to drive the implementation of Jordan’s Principle today.

In 2007, the Assembly of First Nations (AFN) and the First Nations Child and Family Caring Society of Canada filed a complaint before the Canadian Human Rights Tribunal (CHRT)—a legal body that addresses violations of the Canadian Human Rights Act.

The complaint argued that the Government of Canada provided inequitable and insufficient funding for child and family services to First Nations on reserve and in the Yukon and that its failure to fully implement Jordan’s Principle constituted discrimination on the basis of race, national, or ethnic origin.

In 2016, the CHRT ruled that the Government of Canada’s approach to services for First Nations children was discriminatory. The Tribunal ordered the government to comprehensively reform its child and family services approach and to fully implement the meaning and scope of Jordan’s Principle.

Since the ruling, the CHRT has issued multiple follow-up orders related to Jordan’s Principle. In May 2017, the Tribunal clarified that Jordan’s Principle must be applied in a manner that ensures:

• Substantive equality – recognizing that First Nations children may require additional supports to achieve equitable outcomes.
• Culturally appropriate services – ensuring services reflect First Nations values, traditions, and community needs.
• The best interests of the child – prioritizing the child’s well-being and long-term development.

This means that extra support must be provided when needed, ensuring First Nations children have an equal chance to thrive. Jordan’s Principle continues to evolve through ongoing legal proceedings at the CHRT.

According to the Canadian Human Rights Tribunal, Jordan’s Principle:

• Applies to all First Nations children, regardless of whether they live on or off-reserve.
• Applies to all government services for First Nations children including mental health, special education, dental, early childhood services, physical therapy, speech therapy, medical equipment and more.
• Is not limited to children with disabilities.
• Can provide services to First Nations children even when the service is not available to other children.
• Ensures that Canada must make a decision on individual requests for supports and services for First Nations children within 12-48 hours of receiving a completed request, with special provisions for urgent cases where a child has a health or safety risk, which will be responded to within 12 hours of receiving a completed request.
• States that the government of first contact must pay for services – governments and departments will work together afterwards to figure out who pays.
• Applies to requests for an individual child’s needs, or those for groups of children.