Honourable senators, my question is to the Government Representative in the Senate. Senator Gold, I’m asking this question on behalf of Senator Boyer.

As you are aware, Jordan’s Principle is a child-first and needs-based principle used in Canada to ensure that First Nations children living on and off reserve have equitable access to all government-funded public services. The government of first contact pays for the service and resolves jurisdictional payment disputes later. When a request is submitted to Jordan’s Principle, Indigenous Services Canada considers the needs and circumstances of First Nations children, which could be cultural, social or economic.

According to the Indigenous Services Canada website, Canada’s obligation under Jordan’s Principle is to ensure substantive equality in the provision of services to the child, to ensure culturally appropriate services and to safeguard the best interests of the child. This requires Canada to provide all First Nations children on and off reserve with publicly funded benefits, supports, programs, goods and services in a manner and according to a standard that meets their particular needs and circumstances on a substantively equal basis with non-First Nations children.

Senator Boyer has taken interest in the case of a 7-year-old First Nations girl who did not consent to the genital exam that the emergency room doctor performed on her. The girl’s parents believe that racial profiling was a factor in the doctor’s decision to conduct this exam. She suffered and has continued to suffer health and other negative impacts from this experience.

The family lodged a complaint. The College of Physicians and Surgeons has now sought review of the college’s decisions. The family has also brought a human rights complaint.

My question, on behalf of Senator Boyer, is this: Is it the Crown’s view that there are some health-related costs for First Nations children that Jordan’s Principle cannot or should not cover, and why?

How does the denial of the request align with the reasonable assessment of the child’s best interests, right to equality and access to public service and the promotion of her substantive equality as a First Nations child?

Is it the Crown’s view that it is acceptable for low-income First Nations children to have no meaningful or practical recourse when they experience racial discrimination while seeking health care, including when that discrimination has ongoing negative impacts on their health and access to services? If it’s not the Crown’s view, how does the Crown propose that this family can seek accountability and remedy what she experienced without legal funding?

Honourable senators, irrespective of the importance of questions that are asked, and many of them are very important and often very sensitive, we do have a list of senators who want to ask questions. That list is decided before we come into the chamber. When you’re asking a question — I have asked this before and I will ask it again — limit it to one question at a time, not 5 or 10 within the same statement.