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opinion: jordan's principle prioritizes children's health

the government should not be surprised that an indigenous woman has it on the ropes.

by: doug cuthand
during this time of reconciliation, indigenous people have been involved in an ongoing battle with the department of indigenous affairs over the safety and well being of our children.
while reconciliation is real among people of good will, for the department of indigenous affairs it is just a pr exercise.
the assembly of first nations and the first nations child and family caring society have been in a battle with the federal government over the definition and implementation of jordan’s principle. the term jordan’s principle is a legal ruling that refers to jordan river anderson, a child from norway house, manitoba who was born with serious health challenges; because neither the federal nor provincial government would take responsibility, he died at the age of five in hospital, never having spent a day at home with his family.
jordan’s principle was a statement that indigenous children should not be denied care because of jurisdictional disputes; the bill should be paid and the child’s welfare should come first. it seems incredible that in this day and age something so fundamental should have to be stated out loud.
it was an inter-jurisdictional dispute where a small child was the collateral damage. the government refused to take positive action, despite a motion passed unanimously by the house of commons in 2007. when there was no action on the part of the federal government, the afn and the caring society began an eight-year legal battle.

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they took the federal government to the canadian human rights tribunal. after eight years of legal wrangling and delays by the federal government, in 2016 the tribunal ruled that canada’s definition of jordan’s principle was discriminatory and ordered the federal government to implement the full and proper scope of jordan’s legacy. it was a major win, but it went nowhere.
the department of indigenous affairs dragged its feet and a few months later the tribunal issued the first of many non-compliance orders against the department. the federal government has since appealed the ruling and the case is to be heard in federal court on june 14.
historically, the department of indigenous affairs has held to a colonial mentality and concluded that it is a law unto itself. the idea of an outside agency telling it what to do is contrary to its administrative culture.
the motivating force behind the indigenous push to bring jordan’s principle to reality has been the first nations child and family caring society — especially its executive director, dr. cindy blackstock. under her leadership, the case has proceeded through the legal hoops undefeated. the problem lies in the will of the department of indigenous affairs.

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it would be laughable if it weren’t so childish. dr. blackstock was ejected from a meeting with the chiefs of ontario that was held in the minister’s office; she was spied on by the department and it even trolled her facebook page.
the government has good reason to fear dr. blackstock. she is soft-spoken, thoughtful, compassionate and smart, and she and the organization she works for will not give up until justice is served. her tenacity is the colonial office’s worst nightmare. it’s been easy for it to shrug off political rhetoric — it has been doing it for years. in this case, the indigenous people are armed with legal and moral arguments that can’t be ignored.
they have followed a persistent, long-term strategy to make the department follow its rules and work for the best interests of indigenous children. they beat the department using its own rules, and they will most likely win this next round.
the government should not be surprised that an indigenous woman has it on the ropes. it’s our history that indigenous societies are led by men but driven by women.
the movement to indian control of education, bill c-31, which returned first nations status to women who married non-indigenous men, and the awareness of missing and murdered indigenous women and girls have all been driven by women. the growing number of indigenous women in leadership is only adding to that critical mass.

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