Decision upholds Jordan’s Principle

OTTAWA – Assembly of First Nations National Chief Shawn A-in-chut Atleo welcomes the April 4th decision by the Federal Court to grant a judicial review in the case between the Pictou Landing Band Council and Maurina Beadle vs. the Government of Canada. The decision is the first to uphold the application of Jordan’s Principle in providing health care services to First Nations children.

“First Nation children are too often denied health and social services readily available to other children in Canada,” said AFN National Chief Shawn Atleo. “This is a historic victory and means Jeremy does not have to be separated from his family and his community to receive the care he requires. More than five years have passed since members of Parliament voted unanimously to support Jordan’s Principle and this is a step forward in stopping discriminatory policies and practices that burden our First Nations families.”

The case of Jeremy Meawasige in Nova Scotia is a contemporary example of the failure to implement Jordan’s Principle to protect First Nations children and their families from inequality of access to needed services, which are otherwise available to non-First Nations children. Jeremy is 16 years old and lives with complex disabilities in Pictou Landing First Nation. His mother, Maurina Beadle, cared for Jeremy at home until May 2010 when she suffered a double stroke. As a result, she became physically unable to carry out the extensive and physically demanding work involved in caring for her son, who requires 24-hour monitoring.

Under a Nova Scotia Community Services policy, Jeremy and Maurina Beadle would be eligible for extra funding because of the family’s exceptionally vulnerable financial position. However, because Jeremy and Maurina are Status First Nations people, they were deemed ineligible for the extra funding. Jeremy would have to be moved to an institution.

This is the first case in Canada to cite Jordan’s Principle in demanding equal health services.

“No child should be denied health or medical services because of jurisdictional disputes between federal and provincial/territorial governments. The AFN will continue to call on all governments to work with First Nations to ensure the full and proper implementation of Jordan’s Principle. Every child deserves respect, care and equitable treatment and First Nations children must not be treated differently,” added National Chief Atleo.