Agreement reached but where's implementation?

The Manitoba government announced they have reached an agreement with Ottawa to solve funding disputes over Native kids with disabilities on a case-by-case basis, calling it Jordan's Principle after Jordan River Anderson from Norway House Cree Nation.
But Cindy Blackstock of First Nations Child and Family Caring Society of Canada (FNCFCS) explains the principle does not extend across government services and was done unilaterally without consultation, and is far from satisfactory in even the limited health care aspect it touches.
Equality is something we should be "running towards, not inching towards," she notes, adding that despite announcements, it does not make a difference in children's lives yet.
"The case-by-case approach existed when Jordan was alive, and it didn't work," Blackstock said in a phone interview. "We need to meet the needs of the child first, and have the case conferences after."
Jordan was one of many First Nations children born with complex medical needs ­ and who ultimately died in hospital while two levels of government fought over who should pay for his needs. His family had been forced to give up their parental rights, having been told that care would be easier to access if he were in the foster system, but his mother had left the reserve to stay with him in Winnipeg for the duration of his hospitalization.
When he was stabilized around age two, they were told he could leave the hospital but the ensuing disagreements over who would bear costs resulted in him never leaving the medical facility until his death. This is the case conference model, a tragic failure.
Blackstock notes the case conference model is the "child comes second" approach ­ "not the way it works for other kids, and it shouldn't be the way it works for First Nation kids."
The government has also not worked with any of the First Nation governments, representatives, agencies, individuals, or communities ­ especially Jordan's home community of Norway House.
Mike Muswagon, a councilor and band member of Norway House, said this situation is not unusual ­ at least 37 young children on his reserve were in need of funding and caught between at least two levels of government, or sometimes different federal departments. He is in the process of trying to get meetings with some of the Manitoba ministers to discuss the very narrow scope of what they are trying to pass off as Jordan's principle ­ both he and Blackstock note that the provincial opposition in Manitoba has twice tried to pass a motion putting Jordan's Principle in as provincial law, and it has been voted down by the present government ­ even right after this most recent media announcement.
"This is a national problem ­ we knew the advocacies we were doing for the children in our community had implications for children across the country ­ we want people to understand it's a national problem," said Muswagon. "Canada proclaims to have one of the best universal health care systems in the world ­ but the biggest gap right now exists [for First Nations children and families]. The government is in total violation of its own Canada health act."
Norway House began to pay medical costs out of band money but eventually ran out. CTV broadcast a documentary on Norway House, and as a result interim government funding was provided ­ which will end in a few days, September 30. No news or extensions have been provided so far, says Muswagon, and he is incredulous to the lengths they have had to go to even obtain interim funding, exposing the personal lives of families and their ill children to documentaries.
"This is not a child protection issue ­ these children were born with medical handicaps to good parents - but if we would put them in care, [the government] wouldn't question expenditures,"notes Muswagon, adding that in Jordan's case the family had to give up parental rights so Jordan could access services.
"He could have gone home at age 2 and spent his last years in a quality family setting," agreed Blackstock. "After he passed, his family wanted to make sure this never happened to any other child or family."
Which is why her agency has made sure they always consult with the family first ­ unlike the governments. In 2007, Parliamanet did unanimously accept Jordan's Principle while Muswagon and members of Jordan's family watched the vote ­ but the motion was non-binding, and there were no mechanisms to put it in place afterwards. Currently a specialist has been hired to travel from province to province working on definitions ­ with other governments, not First Nations members or the family and community of origin.
"Jordan's principle is already defined ­ this special little boy who brought equality and fairness to everyone," said Blackstock, adding that his dad Ernest hopes this will not be merely a moral victory but something which is enacted and implemented at all levels of government ­ not just medically but child care, education, and welfare ­ to ensure First Nations children have the same access as other Canadians. "We're talking about the welfare of 9000 kids ­ especially after the apology, any injustice should be addressed swiftly."
Blackstock along with the Assembly of First Nations (AFN) have filed a human rights complaint for inequitable child welfare funding on the reserve, which the federal government keeps putting off on technical delays. Jordan's case is definitely an example of this. She described the human rights route as a last resort, after joint effort created two solutions which were never implemented.
"The Commission has the authority to suggest a remedy ­ and if the federal government fails to implement that, it can be taken to federal court in contempt ­ and we're willing to do that," said Blackstock. "Our hope is they will be the first government to treat First Nations with equality and dignity - but so far it's not looking good."