Minister told chiefs 'abuses' found in Jordan's Principle funding, but advocates question claims

OTTAWA — An internal email shows federal Indigenous Services Minister Mandy Gull-Masty told chiefs that funding for a legal principle ensuring First Nations children have access to government services should be for “emergencies” and that “abuses” had happened under the initiative. 

Gull-Masty made the comments shortly after being appointed to the role during a discussion with chiefs in Quebec back in June, according to a meeting summary circulated by a federal official.

The minister is currently reviewing the initiative known as “Jordan’s Principle,” which allows First Nations families, social workers and other professionals to submit requests for products and services related to a child’s well-being, from health supports to education supplies.

The initiative is meant to ensure First Nations children receive services without being delayed by jurisdictional battles over payment, as was the case for Jordan River Anderson, a five year-old-boy from Norway House Cree Nation in Manitoba, who was unable to receive the specialized medical care he needed to live any of his life outside of hospital before he died in 2005.

Although it is not a federal program, the years-old principle was adopted by the House of Commons and has been the subject of numerous orders from the Canadian Human Rights Tribunal for it to be fully implemented.

The federal government, which funds it, has reported that since 2016, when the tribunal delivered its landmark ruling on First Nations child welfare and ordered it to expand the initiative’s scope, has seen an explosion in the number of requests.

As a result, federal officials, citing the need for “long-term sustainability,” limited eligibility on what products and services would be covered, with Patty Hajdu, the portfolio’s former minister under prime minister Justin Trudeau, presenting the changes in an operational bulletin last February.

Cindy Blackstock, a longtime advocate for First Nations children and executive director of the First Nations Child and Family Caring Society which, along with the Assembly of First Nations, brought forward the initial human rights complaint, has been among those calling for the changes to be repealed.

“There’s serious questions about the legality of that bulletin, and it’s important that the minister focuses her efforts on stopping her own department’s discrimination. That’s got to be job one,” Blackstock said.

Back in June, after Gull-Masty was sworn-in as minister, she met with Quebec chiefs where she discussed her new role and Prime Minister Mark Carney’s approach to Indigenous issues.

“After 30 days at her post, she intends to play an important role in the Jordan’s Principle initiative, considering the following,” reads a summary of the minister’s remarks, released to National Post under federal access-to-information legislation.

It then lists different points.

“Be honest about what happened. There were abuses. We must remember the reason for the initiative.”

“Funding should only be available for emergencies. Implementation will be difficult, but it is recognized that there were no clear guidelines or financial framework.”

Blackstock questions what evidence exists to back up concerns that abuses occurred when it comes to requests made under the principle, or the proportion of cases where that may have happened.

She said safeguards exist requiring a recommendation from a professional about why a child needs a particular service, which was not always asked for across different regions.

“That’s not misuse, that’s mismanagement,” Blackstock said. “I think that there needs to be some parsing out of what actually happened in those particular cases.”

The minister, in a statement, did not elaborate on her recorded comments about “abuses” occurring.

She said the initiative allows First Nations families the ability to a request “medical equipment, speech therapy, physiotherapy, and other essentials that make a meaningful difference in the lives of children.”

“We are working to ensure Jordan’s Principle remains strong, sustainable, and focused on the children who need it most,” Gull-Masty said. 

She went on to say she was working “closely” with First Nations leaders and families to understand ongoing challenges and provide better services.

“I have heard from community members and leadership about the challenges they face with accessing Jordan’s Principle, and that’s why I am undertaking a review to make sure that we properly address those concerns. This works requires all federal, provincial, and territorial partners to do their part.  We will co-develop the solutions to improve and reform Jordan’s Principle together.”

Last January, the human rights tribunal wrote in a ruling that it was “quite concerned” with evidence the federal government presented about how the initiative’s funding had paid for “modeling headshots and gaming consoles.”

The tribunal heard other evidence that the department had received requests labelled as urgent for items such as l aptops and movie passes. 

Documents filed show that Blackstock, in an affidavit, cautioned against ruling items ineligible at face value without proper background, citing the case of a child on Walpole Island, a First Nation community located on an island in southwestern Ontario, with cystic fibrosis, who requested items like a fridge and generator in order to properly store medication, which was not approved.

Last year’s changes saw the department establish stricter requirements for non-medical and education requests and place restrictions on approvals for home renovations.

Back in December, however, the Federal Appeal Court dismissed a case the department brought forward regarding requests it had twice denied from a grandmother seeking mould remediation because she lived in a contaminated home with her two grandchildren who suffered from asthma. It ordered the government reconsider her request.

An earlier Federal Court decision found the department had acted “unreasonably” by considering the issue “as solely a housing remediation matter,” rather than looking at the children’s health, as Jordan’s Principle intends.

Blackstock called it a “serious worry” the minister herself expressed concerns about allegations of abuse.

She says any government program, from the Canada Pension Plan to Employment Insurance, is going to have examples of abuse.

“And you can’t just say .. we’re going to reduce eligibility for everybody, because only … a handful of people are misusing the system, and they’ve also not produced any credible evidence of this alleged misuse.”

Blackstock also rejects any suggestion that the initiative was meant for emergencies as “completely at odds with the legal rulings.”

“Jordan’s Principle is to stop emergencies.”

According to the meeting notes, Gull-Masty told Quebec chiefs back in June that “the provinces must take responsibility” and that “she wants to legislate the initiative to protect it from political considerations.”

It appears the minister has since backed off that option.

“At this time, Minister Gull-Masty does not have the intention of bringing forward legislation. The review is ongoing,” a spokeswoman wrote. 

National Post

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