Compensation for the delay and denial of services to First Nations children

Published: February 23, 2021


This report estimates the financial cost of complying with a Canadian Human Rights Tribunal decision (2019 CHRT 39) as it relates to children who experienced delays and denials of services which should have been available under Jordan’s Principle. A previous report estimated the cost of complying with that decision as it relates to children taken into care.

Who is Eligible, Number of Persons Eligible, and Estimated Compensation,
by Interpretation and Whether Child was Taken Into Care


Children not taken into care

Children taken into care

Total Compensation after accounting for overlap

PBO interpretation of CHRT order

Children who were denied services, who received services after an unreasonable delay, or who received services upon reconsideration



13,000 children +

20,000 parents


$1.3 bn

Children removed from home, family and community who did not benefit from prevention services permitting them to remain safely in their homes, families and communities


14,100 to 32,700 children +

4,900 to 32,400 parents


$0.9 to $2.9 bn

27,000 to 46,000 children +
 25,000 to 52,000 parents


$2.2 to $4.2 bn

Parties’ interpretation of CHRT order

Children affected by delay, denials, or service gaps


100,000 children +

150,000 parents


$10 bn

All children taken into care



72,000 children +

73,000 parents


$6.5 bn

162,000 children +
 207,000 parents


$15 bn

Note: Both interpretations are of Canadian Human Rights Tribunal orders 2019 CHRT 39 and 2020 CHRT 15