Children play in a playground in the Attawapiskat First Nation in northern Ontario.
The Canadian Human Rights Tribunal has ordered the Liberal government to deal immediately with a backlog of claims under the Jordan’s Principle program for First Nations kids. Some of the backlogged requests “may very well be urgent," the panel says. Jordan’s Principle aims to ensure First Nations kids get prompt access to essential health products and social services, with questions about which jurisdiction pays for them worked out afterward.
"This backlog was admitted by Canada and while parties may have different views on the number of backlogged cases, the existence of a backlog is undisputed," the letter says. Currently, the timelines for Canada to respond to urgent requests are 12 hours for individuals and 48 hours for groups. Canada responded to Blackstock's motion by seeking to modify the timelines, but the tribunal refused.
The Caring Society had motioned for the creation of a complaints mechanism to ensure accountability in the program."The tribunal ... agrees that the backlogs need to be addressed and objective criteria for urgent cases must be developed as a priority," the letter says.Feds urge human rights tribunal to dismiss concerns over Jordan's Principle backlog
The legal battle dates back nearly 18 years to early 2007, when the Caring Society and AFN filed a human rights complaint alleging the chronic underfunding of on-reserve child and family services was racially discriminatory.The tribunal upheld the allegation in a landmark 2016 decision, and since then it has sought to reform the programs. In 2019, the tribunal ordered compensation for the victims, which eventually led to a court-approved $23.3-billion compensation deal.
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