Timeline: Jordan's Principle and First Nations child and family services
On this page
- October 2023
- September 2023
- July 2023
- April 2023
- December 2022
- November 2022
- October 2022
- July 2022
- April 2022
- March 2022
- January 2022
- November 2021
- October 2021
- September 2021
- August 2021
- March 2021
- February 2021
- December 2020
- November 2020
- October 2020
- August 2020
- July 2020
- January 2020
- November 2019
- September 2019
- April 2019
- March 2019
- February 2019
- January 2019
- February 2018
- January 2018
- 2017
- March 2017
- September 2016
- April 2016
- January 2016
- 2016
- 2015
- August 2007
- December 2007
- February 2007
- 2005
- Related links
October 2023
On October 24, 2023, the Federal Court of Canada approved the First Nations Child and Family Services, Jordan's Principle, and Trout Class Settlement Agreement. Detailed reasons will follow.
September 2023
On September 26, 2023, the Canadian Human Rights Tribunal (CHRT) released its full decision (2023 CHRT 44) about the revised final settlement agreement regarding compensation, which elaborates on its letter-decision of July 26, 2023.
July 2023
On July 26, 2023, the CHRT issued a letter-decision about the revised final settlement agreement regarding compensation for First Nations children and families.
To learn more:
April 2023
On April 5, 2023, it was announced that a revised final settlement agreement totalling more than $23 billion was reached by the Assembly of First Nations (AFN), Moushoom and Trout class actions plaintiffs, the First Nations Child and Family Caring Society, and Canada regarding compensation for First Nations children and families.
To learn more:
December 2022
On December 20, 2022, the CHRT released its full decision (2022 CHRT 41) regarding the proposed final settlement agreement on compensation, which elaborates on its letter-decision of October 24, 2022.
November 2022
On November 23, 2022, Canada filed an application for judicial review of the CHRT's letter-decision of October 24, 2022. This was in relation to the proposed final settlement agreement to compensate:
- First Nations children and families harmed by the discriminatory underfunding of the First Nations Child and Family Services (FNCFS) program
- those impacted by the federal government's narrow definition of Jordan's Principle
Canada also committed to continue working with the Parties under the existing final settlement agreement to compensate First Nations children and families.
To learn more:
October 2022
On October 24, 2022, the CHRT issued a letter-decision regarding the proposed final settlement agreement to compensate:
- First Nations children and families harmed by the discriminatory underfunding of the FNCFS program
- those impacted by the federal government's narrow definition of Jordan's Principle
July 2022
On July 4, 2022, Canada, the Assembly of First Nations and the plaintiffs in the Moushoom and Trout class actions announced that a final settlement agreement had been signed regarding compensation for First Nations children and families.
To learn more:
April 2022
As of April 1, 2022, Canada implemented enhancements to the FNCFS program.
This includes funding for:
- prevention activities
- supports for youth transitioning out of care into adulthood and for young adults, up to and including age 25, who were formerly in care
- First Nations representative services in all provinces and the Yukon
March 2022
On March 24, 2022, the CHRT released an order (2022 CHRT 8), in response to an agreement by Canada and the Parties regarding services for First Nations children.
Key measures in the CHRT consent order include:
- enhanced prevention funding allocated between First Nations and service providers
- based on a formula that multiplies $2,500 by the on-reserve First Nations population and the First Nations population in the Yukon
- funding for First Nations Representative Services in all provinces and the Yukon
- funding for the actual costs of post-majority care to children formerly in care up to and including the age of 25
- provided to agencies or directly to First Nations that do not receive services from an FNCFS agency
- Canada will provide data and funding to the Institute for Fiscal Studies and Democracy to conduct a needs assessment regarding a long-term funding approach for Jordan's Principle
January 2022
On January 18, 2022, the CHRT amended its November 2021 orders on funding capital assets to support the delivery of the FNCFS program and Jordan's Principle (2021 CHRT 41).
For more information on how to request funding:
On January 4, 2022, the Government of Canada and the parties announced that agreements-in-principle were reached on compensation for First Nations children removed from their homes and those impacted by the government's narrow definition of Jordan's Principle, as well as long-term reform of the FNCFS program.
To learn more about the agreements-in-principle:
November 2021
On November 16, 2021, the CHRT released final reasons for its August 26 letter-decision orders on funding capital assets related to First Nations child and family services and Jordan's Principle (2021 CHRT 41).
October 2021
On October 29, 2021, the Government of Canada and the parties, namely the Assembly of First Nations, the First Nations Child and Family Caring Society, the Chiefs of Ontario, Nishnawbe-Aski Nation and Moushoom counsel, announced that they had agreed to work towards reaching a global resolution by December 2021 on outstanding issues that have been the subject of litigation.
This includes matters related to the September 29, 2021, decision by the Federal Court regarding compensation to First Nations children and eligibility for Jordan's Principle, as well as other issues.
To find out more:
September 2021
On September 29, 2021, the federal court issued a decision dismissing the Government of Canada's applications to judicially review the CHRT's orders on:
- compensation to First Nations children who were in care of a First Nations child and family services (FNCFS) agency funded by the government's FNCFS program, and certain family members
- compensation to First Nations children who were negatively impacted by the government's interpretation of Jordan's Principle, and certain family members
- the definition of a First Nations child for the purposes of Jordan's Principle eligibility
To find out more, consult the summary by the federal court or the full decision.
August 2021
On August 26, 2021, the CHRT released an interim letter-decision containing orders related to funding capital assets for:
- the delivery of First Nations child and family services and supports under Jordan's Principle
- band representatives and prevention services
March 2021
On March 12, 2021, the Government of Canada filed its written submissions before the Federal Court in support of 2 applications for judicial review of the CHRT rulings rendered in September 2019, July 2020 and November 2020.
These rulings relate to compensation and the definition of a First Nations child for the purposes of Jordan's Principle eligibility.
To find out more:
February 2021
On February 11 and 12, 2021, the CHRT released decisions (2021 CHRT 6 and 2021 CHRT 7) awarding compensation to First Nations children and certain family members who:
- were affected by discriminatory conduct within child and family services on reserve, such as First Nations children who were removed from their home on reserve
- did not receive services or experienced unreasonable delays due to the previous narrow interpretation of Jordan's Principle
The February 2021 decisions approve the final compensation framework that Canada and the parties to the complaint developed and submitted to the CHRT on December 23, 2020.
December 2020
On December 22, 2020, the Government of Canada filed a notice of application for judicial review of the CHRT's decision of July 17, 2020 (2020 CHRT 20), and its decision of November 25, 2020 (2020 CHRT 36), regarding Jordan's Principle eligibility. The orders remain in force pending the outcome of the judicial review. To find out more, visit:
On December 23, 2020, the parties submitted the final version of the compensation framework to obtain a final consent order on the issue of the compensation process.
November 2020
On November 25, 2020, the CHRT released a decision (2020 CHRT 36) about eligibility for services for First Nations children under Jordan's Principle.
To find out who is now eligible under Jordan's Principle, visit Who is covered.
October 2020
On October 2, 2020, Canada and the parties to the complaint before the CHRT submitted a draft compensation process to the CHRT for consideration.
August 2020
On August 11, 2020, the CHRT issued a ruling (2021 CHRT 7) in response to a motion brought by the Chiefs of Ontario (COO). This ruling reiterates its order that Canada fund band representative services for Ontario First Nations, tribal councils or First Nations child and family services agencies at actual cost of providing those services, retroactively to January 26, 2017, within 15 business days after receipt of the documentation of expenses.
As the ruling ordered, Canada has cooperated with the COO, and those parties designated by the COO, to communicate to First Nations or their recipients that the previously stated deadline no longer firmly applies.
The CHRT also reiterated its 2018 CHRT 4 order that Canada continue to accept submissions and make reimbursements for band representative services and children and youth's mental health services on an ongoing basis, without imposing an inflexible deadline.
July 2020
The CHRT issued a ruling (2020 CHRT 0) regarding who is eligible to receive services under Jordan's Principle. The CHRT asked the Government of Canada and the parties to consult together and bring back to the tribunal by October 19, 2020:
- further clarification on the definition of a First Nations child for eligibility under Jordan's Principle (a definition that does not limit eligibility for First Nations children off reserve to just those children with status or recognition by their self-government nation)
- a mechanism to identify citizens or members of First Nations in regard to Jordan's Principle eligibility
To find out who is now eligible under Jordan's Principle, visit Who is covered.
January 2020
A proposed class action was filed by the Assembly of First Nations in Federal Court in addition to an initial proposed class action filed in March 2019 (Moushoom), seeking compensation for First Nations children and families affected by Canada's funding regime under the child and family services system and the narrow interpretation of Jordan's Principle.
Following extensive engagement with partners, An Act respecting First Nations, Inuit and Métis children, youth and families (the act) came into force on January 1, 2020.
The act:
- provides a path for Indigenous governments and communities to exercise jurisdiction over First Nations, Inuit and Métis child and family services
- seeks to contribute to comprehensive reform of child and family services for Indigenous children
- affirms that the inherent right to self-government under section 35 of the Constitution Act, 1982 includes jurisdiction in relation to child and family services
- establishes national principles including best interests of the child, cultural continuity and substantive equality to guide the provision of child and family services in relation to Indigenous children
- contributes to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples
To find out more about the act, visit:
November 2019
The Federal Court issued its ruling in response to two motions relating to the September 6, 2019, CHRT decision (2019 CHRT 9) on compensation for First Nations children and families:
- Canada's motion to temporarily suspend the implementation of the CHRT decision until the Federal Court issues its decision on the judicial review
- the Caring Society's motion to adjourn the application for judicial review in order to allow the CHRT to complete the compensation process
The Federal Court dismissed both motions.
In accordance with the September 6, 2019, CHRT decision, Canada and the parties to the CHRT litigation developed a process for compensation.
September 2019
The CHRT ruled in favour of individual compensation for children and family members affected by the underfunding of the First Nations Child and Family Services (FNCFS) program and those that did not receive services or experienced unreasonable delays in the receipt of services due to the previous narrow interpretation of Jordan's Principle (2019 CHRT 9).
April 2019
The Caring Society filed submissions requesting compensation based on the 2016 finding of the CHRT of discrimination.
March 2019
The Moushoom proposed class action was filed in Federal Court to seek compensation from Canada for First Nations children and families affected by the child and family services system and the narrow interpretation of Jordan's Principle.
February 2019
The CHRT issued an interim motion order in regard to eligibility for federal funding under Jordan's Principle for non-status First Nations children recognized by their nation living off a reserve who have urgent or life-threatening needs (2019 CHRT 7).
January 2019
The CHRT issued a ruling (2019 CHRT 1) regarding Canada's obstruction of process and Canada's disclosure processes and obligations.
February 2018
In February 2018, the tribunal issued a ruling (2018 CHRT 4) ordering Indigenous Services Canada to pay the actual costs for First Nations agencies in providing:
- prevention or least disruptive measures
- intake and investigation
- building repairs
- legal costs and mental health services for First Nations children and youth in Ontario, band representative services for Ontario First Nations, tribal councils and First Nations agencies
- ordered Canada to develop a new funding model to pay for specific services
- imposed deadlines on Canada to report on various aspects of the implements
- ordered the creation of a consultation committee where Canada and the parties meet regularly to address concerns about the implementation of the tribunal's orders
Canada must continue to pay the actual costs until certain events have occurred, such as the implementation of an alternative funding system.
This ruling also included two orders related to mental health and Jordan's Principle. The orders included cost analysis of the real needs of First Nations agencies, such as:
- prevention or least disruptive measures
- intake and investigation
- building repairs
- legal fees related to child welfare taking into account travel distances, case load ratios, remoteness, the gaps or lack of surrounding services and all particular circumstances they may face
Canada was required to:
- analyze all programs that fund mental health for First Nations on reserve to identify gaps in services
- fund the actual costs of mental health for services to First Nations children and youth in Ontario retroactively to January 26, 2016
January 2018
An emergency meeting on First Nations, Inuit and Métis Nation child and family services was held in Ottawa with Indigenous partners, provincial and territorial ministers, youth representatives (including youth with lived experience), experts and advocates.
Canada committed to 6 points of action to reform First Nations, Inuit and Métis Nation child and family services.
2017
The CHRT issued a third set of compliance orders on May 26, 2017 (2017 CHRT 14), later amended on November 2, 2017 (2017 CHRT 35), that Jordan's Principle is based on the following key principles:
- applies to all First Nations children, on and off reserve
- ensures there are no gaps in government services
- government or department of first contact will pay without case conferencing or other similar administrative procedure before the recommended service is approved and funding is provided
- needs are evaluated on the basis of substantive equality, culturally appropriate services and to safeguard the best interests of the child
- a dispute among departments or government is not necessary
- provides services within a 12- to 48-hour timeframe and publicize funding
March 2017
As ordered in 2017 CHRT 5 on March 22, 2017, Health Canada committed to establishing the Choose Life Working Group with Nishnawbe Aski Nation (NAN) aimed at setting out a concrete, simplified process for communities to apply for A Child First Initiative (Jordan's Principle) funding.
A streamlined fast track pilot application process was put in place for NAN communities with children and youth at risk of suicide. This process was intended to begin to address the gaps in mental health services for First Nations children and youth and allow NAN communities to begin to develop their own in-community services to prevent the loss of their youth.
September 2016
The CHRT issued a second remedial order (2016 CHRT 6) that the federal government is to cease applying its narrow definition of Jordan's Principle and to provide a compliance report to confirm that Canada is applying the principle to all First Nations children, not just those residents on reserve or those with a disability or short-term issue.
It also ordered Canada not to decrease funding based on services covered by Jordan's Principle.
April 2016
The CHRT issued a remedial order (2016 CHRT 0) that Jordan's Principle includes all jurisdictional disputes, including between federal departments, and includes all First Nations children and not only those with multiple disabilities.
The government organization first contacted pays for the service without the need for policy review or case conferencing before funding is provided.
The CHRT also ordered Canada to report on actions taken to reform the FNCFS program.
January 2016
The CHRT ordered Canada to cease its discriminatory practices and reform the FNCFS program and the Canada-Ontario Memorandum of Agreement Respecting Welfare Programs for Indians (the 1965 Agreement) to reflect the findings in the decision.
The CHRT also ordered Canada "to cease applying its narrow definition of Jordan's Principle and to take measures to immediately implement the full meaning and scope of Jordan's Principle." (2016 CHRT 2)
2016
The 2008 federal response focused on jurisdictional disputes involving First Nations children living on reserve with multiple disabilities requiring services from multiple service providers, and as a result of this narrow scope, no Jordan's Principle cases were identified.
Requests for services that came forward were managed through federal or provincial contacts and services provided through existing programs.
2015
The Truth and Reconciliation Commission releases its final report. Call to Action #3 calls on "all levels of government to fully implement Jordan's Principle."
August 2007
The Government of Canada announced $11 million in new funding to Health Canada for the implementation of Jordan's Principle to be administered by the First Nations and Inuit Health Branch. This implementation focused on jurisdictional disputes involving First Nations children living on reserve with multiple disabilities requiring services from multiple service providers.
December 2007
On December 12, Private Member's Motion No. 296 in support of Jordan's Principle was passed with unanimous support in the House of Commons in honour of Jordan River Anderson. "The government should immediately adopt a child-first principle, based on Jordan's Principle, to resolve jurisdictional disputes involving the care of First Nations children."
February 2007
The Assembly of First Nations and the Caring Society filed a complaint before the Canadian Human Rights Commission alleging that pursuant to section 5 of the Canadian Human Rights Act, Indian and Northern Affairs Canada discriminated in the provision of child and family services to First Nations on reserve and in the Yukon, on the basis of race, national or ethnic origin, by providing inequitable and insufficient funding for those services.
The implementation of Jordan's Principle was identified as a solution to jurisdictional disputes as part of this complaint.
2005
At the age of 5, Jordan River Anderson, a First Nations child from Norway House Cree Nation in Manitoba, died in the hospital while the provincial and federal governments could not agree on who was financially responsible for his home care in a medical foster home.
The Caring Society released the Wen:De reports, among the policy recommendations was the concept of Jordan's Principle, a child-first principle to ensure that services for First Nations children are not delayed due to jurisdictional disputes.
Related links
- Jordan's Principle
- First Nations Child and Family Services
- Reducing the number of Indigenous children in care
- The Government of Canada's assessment of the Canadian Human Rights Tribunal's ruling on compensation
- Joint Statement by the Minister of Indigenous Services and the Minister of Justice and Attorney General of Canada on compensation for First Nations children