Ten Years After the Landmark CHRT Ruling: Progress through Jordan’s Principle, yet Canada remains non-compliant – and children still pay the price
On January 26, 2026, the Our Children Our Way Society shared the following release:
Today marks the 10th anniversary of the Canadian Human Rights Tribunal’s landmark 2016 decision (2016 CHRT 2), which found that the Government of Canada discriminated against First Nations children through inequitable and flawed funding of child and family services. (Assembly of First Nations)
While the decision catalyzed major change, including expanded implementation of Jordan’s Principle, the reality remains that Canada continues to face ongoing Tribunal scrutiny and orders related to compliance. Recent Tribunal proceedings and rulings have continued to address non-compliance, including decisions released in 2025. (fncaringsociety.com)
Jordan’s Principle—grounded in substantive equality—exists to ensure First Nations children can access public services without delays, denials, or jurisdictional disputes. (Indigenous Services Canada) In the years since 2016, Jordan’s Principle has helped many children access critical health, social, and educational supports. Indigenous Services Canada reports that, as of June 2025, nearly $10 billion has been announced since 2016 to meet the distinct needs of First Nations children through Jordan’s Principle. (Indigenous Services Canada)
And yet, despite these gains, too many children and families still experience barriers, delays, and uncertainty—conditions the Tribunal’s decision was meant to end.
“The CHRT decision changed the trajectory of children’s lives—and it proved what Indigenous families have said for generations: inequity isn’t accidental; it’s built into systems. Jordan’s Principle has been a lifeline for many children. But ten years later, the work is still unfinished, and Canada’s obligations are still not fully met. Our children deserve better than partial compliance.” Mary Teegee-Gray, Chair, Our Children Our Way Society
The Our Children Our Way Society, representing Indigenous Child and Family Services Directors and agencies in British Columbia, calls on Canada to meet its human rights obligations fully and consistently—so that access to services is not dependent on advocacy, geography, or administrative endurance. (OurChildrenOurWay.ca)
What must happen next
We are calling for urgent, sustained action to ensure:
Full compliance with Tribunal orders and clear, transparent reporting on progress; (fncaringsociety.com)
- Child-first access to services under Jordan’s Principle without predictable delays, bottlenecks, or shifting thresholds; (Indigenous Services Canada)
- Long-term reform that ends discriminatory structures rather than managing harm after it occurs; (fncaringsociety.com)
- Respect for Indigenous jurisdiction and community-defined solutions that keep children safe, connected, and supported.
This anniversary is a moment to reflect on what Indigenous children, families, and advocates won through determination and courage—and to recommit to making sure the promise of the 2016 ruling is fully realized.
To view the original release, or to register to participate in a webinar on January 30, 2026, visit: https://ourchildrenourway.ca/ten-years-after-the-landmark-chrt-ruling-progress-through-jordans-principle-yet-canada-remains-non-compliant-and-children-still-pay-the-price/