L’égalité réelle et la mise en œuvre intégrale du principe de Jordan

Abstract

This paper deals with the problems and delays that have occurred in the implementation of Jordan’s Principle within the Government of Canada. The paper first provides an overview of the allegations of discrimination made by the Assembly of First Nations and the First Nations Child and Family Caring Society in their human rights complaint against Canada regarding the jurisdictional disputes and lack of coordination between the various levels of government and between government departments and the harmful impact they have on First Nations children. It then summarizes the initial decision of the Canadian Human Rights Commission [CHRC] in January 2016 concerning Jordan’s Principle. The problems and delays associated with implementation of the CHRC decision are examined, and the May 2017 CHRC order compelling Canada to take concrete measures to comply with its initial decision is reviewed in detail. The final part of the paper advances the position that in order to genuinely ensure substantive equality in Canadian society, Canada must be more proactive in identifying and remedying its discriminatory practices. In this case, putting the Spirit Bear Plan into effect within the Canadian government offers a promising way forward for ending injustices in the delivery of public services for First Nations children.