The Caring Society welcomes the Federal Court of Appeal’s decision on Canada v. Powless, upholding the Canadian Human Rights Tribunal’s orders on Jordan’s Principle

Press Release

December 18, 2025

The First Nations Child & Family Caring Society (Caring Society) is thrilled that Ms. Powless, an Elder, and her two grandchildren from the Oneida Nation of the Thames will finally get the medical support they need and deserve. Ms. Powless’ love for her grandchildren and commitment to ensuring that Canada follows the legal rulings on Jordan’s Principle are to be commended.

The Federal Court of Appeal has affirmed that the Canadian Human Rights Tribunal’s (Tribunal) orders on Jordan’s Principle limit Indigenous Services Canada’s (ISC) discretion when determining Jordan’s Principle requests and has overturned ISC’s denial of Ms. Powless’ Jordan’s Principle request for medically needed mould remediation.

The Powless children’s doctor recommended mould remediation as an “urgent medical need” for the two children, characterizing it as a “life-saving necessity.” Canada did not contest the harmful effects the presence of mould had on the children when Ms. Powless placed a request to Jordan’s Principle to receive this medical support for her grandchildren. Nevertheless, ISC still chose to deny that Jordan’s Principle applied.

Canada also chose to take Ms. Powless and her two grandchildren to the Federal Court of Appeal, seeking to overturn the Federal Court’s decision finding ISC’s denial of the request as unreasonable. Canada sought to use technical arguments to continue denying services that would allow two children to grow up safe and healthy at home, surrounded by the love of their family, culture, and language.

It is beyond disappointing that Canada continues to take First Nations children and families to court instead of complying with legal orders to stop its discrimination against First Nations children. The Caring Society calls on Canada not to appeal the Federal Court of Appeal’s decision and instead, get to work complying with the legal orders on Jordan’s Principle for all First Nations children.

The Federal Court of Appeal ordered Canada to reconsider the request for medically required mould remediation. Canada must cease fighting these children, as it has for three years, and immediately determine the request so that the family can focus on the joy of the holiday season.

The Caring Society stands firmly beside Ms. Powless and her two grandchildren. Their courage should never have been called upon, but it will echo through future generations of First Nations children and ensure they too, will not be forced to fight for the basic human rights owed to them.

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