Canada challenges Jordan’s Principle orders

The federal government has filed an application for judicial review of a ruling by the Canadian Human Rights Tribunal (CHRT) from last November, which had ordered the federal government to immediately address a backlog of at least 140,000 Jordan’s Principle requests.

The 14-page summary ruling on November 21 from the CHRT gave Canada 30 days to file a challenge, which they did nearly 30 days later, on December 20.

In a December 10 response to the ruling, Canada revealed that as of December 4, there were approximately 140,000 backlogged requests, including 25,000 self-identified urgent cases. In that letter, they expressed concern with the ordered timelines to address the backlogs from the CHRT, stating that they are not “operationally feasible.”

Jacinthe Goulet, a spokesperson for Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada responded to The Eastern Door’s request for comment via email.

“Given the unpredictable volume of new daily requests, it is not possible to estimate the timeframe for clearing all backlogged requests. Every request differs both in the amount of time and effort required to review the request, as well as varying in complexity,” she stated.

“Parents, guardians, and communities should continue to submit requests to Jordan’s Principle for First Nations children.”

The federal minister of Indigenous Services, Patty Hajdu, also released a statement to media concerning Canada’s application for judicial review of the CHRT decision, adding that Canada had requested an abeyance, or pause, on the judicial review until the CHRT releases full reasons related to their summary ruling.

Hajdu’s press secretary, Jennifer Kozelj, also sent a written statement to The Eastern Door.

“Our top priority and our intention remain the same; making sure First Nations children have access to the products, services and supports that they need. Canada is working to ensure Jordan’s Principle meets its objectives,” she said.

Kozelj stated that Jordan’s Principle has grown at “an extremely fast pace over the last few years,” with a 367 percent increase in approved requests from 2021/22 to 2023/24.

“The CHRT has ruled that Canada needs to co-develop interim criteria and guidelines with the current parties in this process. Canada will work at the pace the parties set,” Kozelj stated.

Judicial reviews can take several months to move through the federal court.

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