No Jordan's principle cases in Canada? A review of the administrative response to Jordan's principle

Abstract

Jordan's Principle is a child first principle intended to ensure that First Nations children do not experience delay, denial, or disruption of services because of jurisdictional disputes. This article describes the development of a federally-led administrative response to Jordan's Principle and recent legal challenges to this administrative response. We identify seven major conceptual issues that currently prevent realization of the child first approach at the heart of Jordan's Principle and may also introduce new inequities for First Nations children. Through content analysis of legislative, administrative, and judicial documents related to Jordan's Principle, we demonstrate the complexity of policy making processes affecting Indigenous peoples in Canada, and in other countries (like the U.S.) that have similar structural frameworks.