2020 CHRT 20

The CHRT rules on groups of children eligible to receive services through Jordan's Principle. Canada has been ordered to immediately consider eligible for services through Jordan’s Principle:

  • First Nations children who will become eligible for Indian Act registration/status under S-3 implementation.

 The CHRT found two other categories of First Nations children who will be eligible in the future following a further order:

  1. First Nations children without Indian Act status who are recognized as citizens or members of their respective First Nations; and
  2. First Nations children who do not have Indian Act status and who are not eligible for Indian Act status, but have a parent/guardian with, or who is eligible for, Indian Act status.

The CHRT has ordered the parties to consult regarding the criteria and mechanisms to identify these two categories of First Nations children. The parties are ordered to provide their recommendations to the CHRT by no later than October 19, 2020. Thereafter, the CHRT is expected to release specific orders regarding eligibility for these two categories of First Nations children.

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