Federal Court Judicial Review dismisses AGC V.


The Federal Court dismissed the federal government’s challenge to a Canadian Human Rights Tribunal ruling requiring the government to fund and provide services for Indigenous children under “Jordan’s Principle”. 

On September 29th, 2021, the Court upheld the Tribunal’s ruling that Jordan’s Principle services should be offered in some cases to Non-status Indian children living off reserve, who have a parent or guardian with status under the Indian Act. Jordan’s Principle refers to the tragic case of Jordan River Anderson, who died while federal and provincial governments bickered over who should be responsible to pay for his care. Both the Court and Tribunal found that extending services to Non-status children affected by the “second generation cut-off” would prevent future discrimination. The Court described the status rules as “questionable”. The Federal Court dismissed the governments attempt to ignore the needs of Indigenous children yet again. However, the Congress of Aboriginal Peoples considers this to be a positive step in the right direction.

Conclusion - the important takeaway

For far too long Indigenous children and families have been discriminated against based on status. The Congress of Aboriginal Peoples intervened in the court case to protect the rights, interests, and needs of off-reserve Non-status and Status Indians, Métis, and Southern Inuit Indigenous peoples in need of services from the federal government.