Carney Government Fights First Nations Grandmother in Landmark Appeal Over Jordan's Principle Scope

Canada Appeals Jordan's Principle Ruling: First Nations Grandmother Fights for Equal Access to Services

The Canadian government, under Carney, is currently engaged in a legal battle in the Federal Court of Appeal with a First Nations grandmother over the application of Jordan's Principle. At stake are years of legal orders mandating equal access to essential health care and social services for First Nations children.

Jordan's Principle Under Scrutiny

The appeal, heard in Ottawa, marks the first time the appellate court is considering Jordan's Principle. This legal rule ensures that First Nations children receive necessary care without delays arising from jurisdictional disputes. Established through a series of Canadian Human Rights Tribunal (CHRT) decisions starting in 2016, the principle is now facing a challenge that could affect over 100,000 unprocessed applications at Indigenous Services Canada (ISC).

Joanne Powless's Case: A Fight for Her Grandchildren's Health

Joanne Powless, an Oneida grandmother, sought approximately $200,000 in 2022 under Jordan's Principle to address severe mould infestation in her home on the Oneida Nation of the Thames near London, Ontario. The funds were intended for home repairs, temporary relocation, and essential living expenses. As the primary caregiver for her two grandchildren, whose doctor deemed the remediation work "a life-saving necessity" due to their asthma exacerbated by the living conditions, Powless's application was initially denied by Canada.

Government's Argument and Legal Repercussions

The government argued that major home renovations fall outside the scope of Jordan's Principle. However, a Federal Court judge overturned this decision, emphasizing that ISC should assess each request based on the unique health needs and best interests of each child, aiming for substantive equality. Canada is now appealing this ruling, claiming legal errors and asserting that no existing program covers the requested mould remediation.

Conflicting Perspectives on the Scope of Jordan's Principle

Powless's lawyers, David Taylor and Siobhan Morris, argue that Canada is attempting to circumvent long-standing CHRT orders.

"Canada seeks to re-litigate issues the CHRT has already resolved, and effectively mounts a collateral attack on a decade's worth of CHRT orders,"

Department Response

Indigenous Services Minister Mandy Gull-Masty's office directed requests for comment to the department. A spokesperson, Carolane Gratton, stated,

"The appeal is about clarifying the scope of Jordan's Principle, consistent with the CHRT rulings, to ensure that Jordan's Principle can sustainably provide First Nations children with access to the services they urgently need."