Substantive Equality and Jordan’s Principle: Challenges and Complexities

This article examines the conceptual and procedural aspects of substantive equality with respect to Jordan’s Principle—a child-first principle intended ensure First Nations children have equitable access public services in Canada. We begin by providing a brief history Principle outlining how it has been linked concept equality. then suggest that despite acceptance as guiding principle, federal government not clearly explained its meaning nor operationalized implementation Principle. In this regard, we explore five key challenges undermine approach Principle: (i) based on individualistic demand-driven processes; (ii) inconsistent discretionary decision-making; (iii) burdensome request (iv) delays provision funding services; (v) lack an independent appeals process. While endorsing improvements for their families, maintain requires development proactive systemic solutions address inequities face.