And the Canadian federal government is under fire. It can’t keep on top of a huge backlog of applications related to Jordan’s Principle, which makes the medical needs of First Nations children first and foremost. Established nearly two decades ago, this principle emphasizes that children’s health care should not be delayed while determining the responsible government for payment. Recent orders from the Canadian Human Rights Tribunal have escalated the call for urgent action. The backlog hit a jaw-dropping 140,000 cases.
The tribunal ordered the federal government to develop an actionable, interim plan to address the backlog. Concurrently, the federal government is obligated to reform First Nations child welfare services. The tribunal has recognized that lasting discrimination has resulted from Ottawa’s sustained underfunding of these services. As a consequence, on-reserve Indigenous kids are short-funded compared to off-reserve Indigenous kids. This inequity poses troubling questions about the federal government’s willingness to provide equal and immediate care to Indigenous children compared to non-Indigenous children.
The tribunal has given the federal government the burden of negotiating a reform agreement with First Nations communities. It calls for the state to reimburse the victims of systemic shortcomings, particularly youth removed from parental care and placed in foster homes or other placements. The government and Indigenous representatives are required to negotiate new, broader child welfare settlement plans. They have to submit these plans by the end of December. So far, two concrete proposals have developed, but big hurdles still exist in finding common ground.
In reply to the tribunal’s orders as reported in this CBC article, Indigenous Services Minister Patty Hajdu admitted that the situation is more complicated than that. “As a minister I am not in a space where I can impose an agreement on someone,” she stated. I have to be mindful of who they are as First Nations … I want to make sure I respect the uniqueness, the culture, the language, the needs that people have in serving their kids. So it’s been tough.
Minister Hajdu’s remarks exemplify the double-edged sword of state obligations and Indigenous self-determination. We need to be strategic and do more than just backlog bust. Most importantly, it’s crucial that First Nations communities actively participate in crafting the solutions that affect their children.
Dr. Cindy Blackstock, a prominent advocate for Indigenous children’s rights and executive director of the First Nations Child and Family Caring Society, criticized the backlog as “just a code word” for government negligence towards its responsibilities. She sounded the alarm on the need for immediate action to deliver on the promises made under Jordan’s Principle.
The Canadian Human Rights Tribunal’s ruling has been a major driver of change, holding the federal government to account. The tribunal has determined that this systemic underfunding in First Nations child welfare is a discriminatory practice. Our discovery understandably requires a full re-evaluation of where resources should be allocated.
The plug is still in the jug though, with the two sides continuing to negotiate in hopes of reaching a deal. Minister Hajdu expressed her willingness to collaborate with Indigenous leaders, stating: “I trust him (Obed) when he’s looking for a solution. I’m trying to create that space to give him the opportunity to be able to deliver.” This announcement highlights the federal government’s willingness to closely collaborate with Indigenous voices and pursue results-oriented solutions.
Adding additional layers of challenges is the need for regionalized approaches to solving all of these problems. Minister Hajdu noted, “I don’t want to put aside work that has previously been done. I think that’s foundational. I do think there has to be a component where you are having that regionalized approach.” This approach underscores the need to adapt solutions to best address different community priorities from coast to coast to coast in Canada.
As discussions continue, communities are watching closely to see how the federal government will respond to the tribunal’s orders and whether meaningful progress will occur in addressing the backlog of applications under Jordan’s Principle. These decisions are more than mere administrative processes. After all, they directly impact the day-to-day lives of thousands of Indigenous children and their families.
