Mr. Speaker, it is an honour to once again speak to this private member's motion put forward by the NDP member for Nanaimo—Cowichan. I would like to thank her as well on behalf of Norway House Cree Nation and Jordan's family for bringing this to the House.
I had the special opportunity this past summer to share with the family and community as they acknowledged the member for her efforts. It is an understatement to say that it is deeply appreciated.
To stand here in the House of Commons is a privilege. It is also a privilege to speak to the legacy of a boy whose life was far too short and of the pain that he endured during his life as well as the pain and the hardship his family had to endure while seeking to care for their child who required access to health services on reserve. If this child, who was living on a first nation reserve, had been living anywhere else in Canada he would have been able to access these services.
Jordan was born with a rare syndrome. What happened subsequently, when his family sought services, is typical of the cases for children with special needs on reserve. The family sought the services for their child through the federal health care provider, the First Nations and Inuit Health Branch, which delivers primary health care. This service did not fall within the spectrum of services provided.
The only means available to the family for the child's health service requirement was to take the child to the children's special services and give up the child to the child and family services agency, funded by Indian and Northern Affairs Canada. To clarify, the child with complex medical needs or a disability living on a first nation reserve is not entitled to essential services unless his or her family gives up guardianship to a child welfare agency.
This situation gets worse. The child welfare agency is also forced to seek the service on a case by case basis, and depending upon the nature of the service, a dispute may ensue between the two federal departments: Health Canada, First Nations and Inuit Health Branch, and Indian and Northern Affairs Canada.
In Jordan's case it was between the federal and provincial jurisdictions. Jordan was forced into care and also required hospitalization for his medical services. When he was two years old, his family received the good news that Jordan could go home from the hospital. He would require some essential services back home at Norway House Cree Nation. Neither government would agree to pay for these services.
If he were to reside off reserve, the provincial government would have funded the services. Under federal jurisdiction, the status Indian children residing on reserve are not entitled through any of their programs to the services Jordan required.
This interdepartmental and jurisdictional battle waged on for more than two years until, sadly and tragically, Jordan passed away in the hospital. He was never able to return home in his short life. It is unbelievable that this could happen in our country. It is intolerable and incomprehensible that Jordan's story is not unique or rare.
In my riding of Churchill, the first nations child welfare agencies of Awasis agency, Cree Nation child and family caring agency, Opaskwayak Cree Nation child and family services, Nisichawayasihk Cree Nation family and community services, and the Kinisao Sipi Minisowin agency have worked with families and children over the past two decades.
There are hundreds of children in my riding who are in this situation. It has been through the efforts of these child and family service agencies, these families, and these groups and organizations, like Norway House Cree Nation, the first nations child and family caring society, and our political first nations organizations that these issues have been raised over and over again through different forums.
We need to act in a non-partisan, non-judgmental way to ensure that Jordan's principle is implemented in Canada. The Jordan principle is simply about putting the child first. It is the child-first principle.
Canada is a signatory to the United Nations convention on the rights of the child. This convention has been recognized by the Supreme Court of the Canada as one of the most universally accepted human rights instruments. Yet the lack of coordination between and within the federal, provincial and territorial governments has meant that this principle of the safety and well-being of the child being paramount has most often been superceded by jurisdictional and departmental disputes.
It was recommended in the Wen:de report of the first nations child and family caring society that a “child first” principle be adopted whereby the government who receives a request for payment of services for a first nations child will pay without disruption or delay when these services are otherwise available to children residing off reserve in similar circumstances.
It was recognized by the Standing Committee on Human Rights and Disabled Persons in 1993 that all levels of government had forgotten the needs of aboriginal people which was demonstrated through the fragmentation of services, lack of strong program structures and inconsistent standards.
It was resolved by the Assembly of First Nations in a resolution in December 2005 that the federal and provincial governments adopt a child first principle for resolving these jurisdictional disputes regarding payment for services for status Indian children. This resolution stated:
WHEREAS Section 15 of the Canadian Charter of Rights and Freedoms guarantees every resident of Canada equal benefit and protection of law without discrimination;
I would like to reiterate that there is no funding mechanism to deliver services for children residing on first nation reserves. The federal departments responsible for services and programs on first nation reserves, Indian and Northern Affairs Canada and the first nations and Inuit health branch, volley the issue back and forth claiming either that it is a social cost or it is a health cost, and the provinces will not provide services on reserve. They claim simply that it is not in their jurisdiction.
I had the opportunity to rise last week to commemorate the family and their courage when they honoured the life of their child, Jordan. They honoured his life in their home community when they were able to put up a headstone for Jordan. It has been a very challenging and very tragic situation for the family.
I commend them for their courage for letting their story be told, for allowing Jordan's life to inspire all of us to work in a non-partisan way, so that first nations children who have complex medical needs or live with disabilities are one day, and we hope that it happens in a timely manner, able to access services that all other Canadian children can access.
I would like to add that the inference by the Conservatives that the opposition parties do not support human rights for first nations is an abomination. It is a misuse of the House because we are talking about the lives of children. First nations children are living without services that other Canadian children have access to.
In my home community, we have almost 40 children. The inference that smoking or alcohol consumption is the cause of these disabilities by the previous member was also just abhorrent. We have been struggling with a hydro development and there are all sorts of toxins now. There is a mercury issue as well. When a community which has only thousands of people and there are rare syndromes occurring in that community, to target and blame the community is just unbelievable. We are talking about a critical issue that affects the lives of children on first nation reserves.
I call upon this House to drop these judgments, to drop these false accusations, and to remember that it is the life and well-being of children we are talking about. Canada signed the United Nations convention on the rights of children and that applies to all Canadian children.
