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 provide 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 a request-driven initiative. 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 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
or - providing a letter on First Nation letterhead
or - 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.
Urgent cases
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.