Ottawa – The federal court says that indigenous service Canada worked unfairly to deny the money for two first nations with asthma to lift the mold in a house for two first nations with asthma.
The theory determines that when a child of a first nation needs health, social or educational services, they first contact them to get them, first worked after questions about final jurisdiction.
It is named after Jordan River Anderson of Norway House Cree Nation in Manitoba, who ever died at the age of five without leaving the hospital as the federal and provincial governments cannot decide who should pay for their house care.
The children’s grandmother Joan Pavless, under that theory, has been trying to get the department to fund the mold remade in her on-region home since 2022, but both children were repeatedly denied despite health effects.
He requested a judicial review of funding refusal, and to fund mold remediation and temporary housing for indigenous services.
Instead, the federal court ordered the department to reconsider the funding request, saying that instead of meeting the health requirements of two children, it took a “unfairly narrow approach” by considering housing renewal.
In the July 10 judgment, Justice N. Mary McDonalld wrote, “This narrow approach fails to reflect the purpose and intentions of Jordan’s principle.”
“The condition of the house where children reside are not in dispute and it is described as indispensable and harmful to children’s health.”
The decision states that indigenous services indicated consistently – approximately $ 200,000 – that would cost in the refusal of repair, despite having no financial limit on individual requests under theory.
“Nor is there evidence to suggest that the quotes provided were highly or inappropriate. In the absence of financial parameters on Jordan’s principle requests, Quantum was not a proper basis to reject the request alone,” the decision says.
The handling of Jordan’s theory is a frequent concern for nations, which wait for a long time for decisions and a narrow application.
The Canadian Human Rights Tribunal ordered Canada to address a backlog of requests under Jordan’s principle in November, and highlighted the need for “reliable and independent national and effective” grievances.
This report of Canadian Press was first published on 14 July 2025.
Alesia Purochaphium, Canadian Press