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Assembly of First Nations Welcomes Federal Court Decision on the Application of Jordans Principle

(Ottawa, ON) 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 Jordans 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 Jordans Principle and this is a step forward in stopping discriminatory policies and practices that burden our First Nations families. AFN NS/NFLD Regional Chief Morley Googoo added, It is unfortunate that challenges of this nature have to be made in court when the purpose is to ensure that First Nation children receive the health care services they need, at a level equal to that provided off-reserve, and that they are not denied when in need. We are fortunate that communities such as the Pictou Landing First Nation stand up for their community members and are paving the way forward for others in need. The case of Jeremy Meawasige in Nova Scotia is a contemporary example of the failure to implement Jordans 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 familys 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.

Given these circumstances, Pictou Landing Band Council and Maurina Beadle launched a lawsuit against the Government of Canada for this inequality, employing the Canadian Charter of Rights and Freedoms. This is the first case in Canada to cite Jordans 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 Jordans Principle. Every child deserves respect, care and equitable treatment and First Nations children must not be treated differently, added National Chief Atleo. Jordans Principle is consistent with government obligations set out in the United Nations Convention on the Rights of the Child, the Charter of Rights and Freedoms, the United Nations Declaration on the Rights of Indigenous Peoples and many federal, provincial and territorial child-focused statutes. The Assembly of First Nations is the national organization representing First Nations citizens in Canada. Follow AFN on Twitter @AFN_Comms, @AFN_Updates.

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Contact information:

Alain Garon AFN Bilingual Communications Officer 613-241-6789, ext 382; 613292-0857 or agaron@afn.ca

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