Confirmation of recognition for Jordan’s Principle eligibility
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About confirmation of recognition
The Canadian Human Rights Tribunal (CHRT) has outlined a process through which families and organizations can submit a request to Jordan's Principle using confirmation of recognition of a child as First Nation. It is meant to help ensure substantive equality for First Nations children, and not intended to be a barrier.
The CHRT emphasizes a commitment to respecting First Nations self-government. Recognition of a First Nations child for the purposes of Jordan's Principle does not extend to matters outside of this.
The CHRT stresses that the orders are not intended to override or prejudice First Nations' governance rights.
How to obtain a confirmation of recognition
There are several ways for parents or guardians to confirm eligibility for Jordan's Principle.
If you choose to ask your nation to recognize the child for the purposes of Jordan's Principle, a Confirmation of recognition form needs to be completed by a First Nation's designated or deemed official.
Alternatively, you can choose to provide consent to Indigenous Services Canada (ISC) to seek confirmation on your behalf by completing the Consent to communicate form.
Contact us to obtain copies of these forms or to find out more.
Jordan's Principle is request driven and does not have a maximum budget. It will continue to support the unmet needs of First Nations children, including those who are recognized by their First Nation as part of the new Jordan's Principle eligibility.
Who can be a designated First Nation official
A First Nation can designate an official to recognize children for the purpose of Jordan's Principle in a number of ways.
- Preferably, a First Nation will designate a person, or persons, as officials who can provide confirmation of recognition for the purposes of Jordan's Principle by:
- passing a band council resolution
- providing a letter on First Nation letterhead
- using another identified community governance mechanism
- passing a band council resolution
- A First Nation can also designate the chief and or a person from the council as the official
- A First Nation can also designate an official from:
- within the administration
- a First Nations health authority
- a First Nations child and family well-being agency
- another community entity
Alternatively, for First Nations that have not named a designated official, the First Nation may confirm recognition by communication in writing from:
- the First Nation's chief or designate
- a council member with the child welfare or health portfolio
- the First Nation's most senior administrative official or that official's designate (deemed official)
Where recognition is confirmed by a deemed official who is not the chief, the chief will be copied on the communication providing that confirmation of recognition to ISC.
Confirming recognition by a First Nation will not delay measures to provide the child with urgent assistance or to address the reasonably foreseeable risk of irremediable harm.
For an urgent request where eligibility depends on confirmation of recognition, when the child is in palliative care or requires urgent assistance and the risk of irremediable harm is reasonably foreseeable, ISC will take positive measures to verbally confirm recognition.
If this is unavailable, recognition can be confirmed after a decision has been made by a delegated ISC authority.
For non-urgent cases, confirmation of eligibility is required for ISC to make a decision on a request.
ISC will keep records of confirmation, to help things go more quickly in case there are more requests for the same child in the future.
There are additional supports available for First Nations or First Nations organizations (mandated by First Nations leaders to undertake support services) to develop a process to confirm recognition for the purposes of Jordan's Principle. This can include costs to First Nations communities and First Nations organizations related to:
- recognizing children for the purpose of Jordan's Principle eligibility
- developing policies and procedures related to this process
Some examples of eligible expenses include:
- additional human resources costs, such as salary and benefits, specifically in association with confirming recognition of First Nations children for the purpose of Jordan's Principle
- First Nation policy development and updating
- internal First Nation governance or determination meetings
- internal and external communications:
- social media
- community newsletters
- website development and maintenance
- coordination processes, bringing multiple community sectors together
- professional fees, including seeking advice and development of the recognition approach
An administrative fee of 10% will be added to account for related overhead expenses.
ISC will work with requestors to clarify any questions related to funding for communities who incur expenses to recognize children under a CHRT order. Contact us to find out more.