Federal judge deems Ottawa's refusal of Jordan's Principle funds to renovate mouldy home 'unreasonable'

Isha Bhargava · CBC News

· Posted: Jul 17, 2025 5:00 AM EDT | Last Updated: 7 hours ago

A national court has overturned and granted a judicial reappraisal of Indigenous Services of Canada's (ISC) decision to contradict an Oneida Nation of the Thames pistillate funding to renovate her mould-contaminated home, which she says has caused her grandchildren's asthma symptoms to worsen.

In her written decision, Justice Ann Marie McDonald said ISC took an "unreasonably constrictive approach" successful its refusal for backing Joanne Powless requested done Jordan's Principle arsenic the superior caregiver for her granddaughters, aged 8 and 10. 

The programme is designed to guarantee First Nations kids get the aesculapian attraction and societal services supports they request successful a timely manner, with the provinces and Ottawa later sorting retired jurisdictional battles implicit who is liable for the bill.

Powless, who lives connected the territory westbound of London, Ont., has spent 3 years asking the bureau to cover renovation costs of astir $200,000 to region mould and hole deteriorating ceilings and walls successful her home, on with impermanent relocation, nutrient and idiosyncratic hygiene items. 

Despite documentation from the children's pediatrician, and contractors explaining the standard of the mould and however its affecting their health, Ottawa rejected Powless's application twice. It explained that mould remediation services are extracurricular the scope of Jordan's Principle criteria due to the fact that they're besides not available to the wide Canadian public. 

"It was unreasonable for ISC to contradict the petition by narrowly framing it arsenic a lodging remediation request, alternatively than assessing it done a substantive equality lens and the wellness and champion interests of the children, arsenic Jordan's Principle requires," McDonald wrote successful her July 10 decision.

"The petition was grounded successful superior wellness concerns, and the grounds shows that nary viable alternatives were available. ISC relied connected the $200,000 outgo arsenic a crushed for denial, but this reliance was misplaced."

McDonald said determination is nary grounds that Jordan's Principle has monetary limits oregon that the quoted outgo was inflated oregon unreasonable, and ordered ISC to reconsider its determination which she said "reflects an inconsistent application" of the program. 

ISC uses substantive equality to measure whether requests should beryllium funded, which requires the responses to beryllium tailored to unique causes of a circumstantial group's historical disadvantage, geographical and taste needs and circumstances, its website states.

Changed needed to how Jordan's Principle is applied

Powless's lawyer David Taylor said McDonald's determination indicates minimal advancement and helium hopes ISC volition marque a speedy determination ruling successful his client's favour this time.

"This is evidently a precise concerning situation. This location has been compromised by mould for much than 3 years," helium said. "Hopefully [ISC's] determination volition be an support based connected the national tribunal found were precise superior circumstances these kids are facing."

Powless previously told CBC News that her granddaughters often get sick, with aggregate visits to the exigency country and person missed school arsenic a result. 

"It's precise frustrating and I consciousness atrocious arsenic a grandma that I person to support surviving present with these 2 small girls. I privation I could conscionable prime up and permission and instrumentality them to a steadfast spot but I got obscurity other to instrumentality them," she said successful May. 

Housing shortages and overcrowding person been ongoing issues connected Oneida Nation of the Thames for galore years. It's besides had a boil-water advisory successful effect since 2019 that became semipermanent successful September 2020. 

Taylor said this lawsuit speaks to a increasing signifier of "similarly constrictive perspectives" successful denials of Jordan's Principle funding, particularly successful caller months.

"There's a existent request for Indigenous Services Canada to beryllium taking a superior look astatine its existent attack to Jordan's rule and that's successful peculiar due to the fact that we're dealing with First Nations kids who by explanation are successful susceptible circumstances," helium said.

"We should not beryllium waiting for much judicial decisions to person to proceed highlighting this, it's thing that should beryllium addressed straight and promptly."

The family, meanwhile, is waiting for ISC's redetermination with the hopes of getting the wealth truthful the renovation enactment tin beryllium finished earlier winter, said Taylor.