A federal court has overturned Indigenous Services of Canada’s (ISC) decision to reject funding for a woman from the Oneida Nation of the Thames seeking to renovate her mould-infested home, which she claims has exacerbated her grandchildren’s asthma symptoms.
Justice Ann Marie McDonald criticized ISC for its narrow approach in denying Joanne Powless funding under Jordan’s Principle, a program aimed at providing timely medical care and social services to First Nations children, with jurisdictional disputes later resolved between provinces and Ottawa.
Powless, residing near London, Ontario, has persistently sought ISC’s assistance over three years to cover nearly $200,000 in renovation expenses to eradicate mould and repair deteriorating ceilings and walls in her residence, including temporary relocation and essential items.
Despite medical documentation from the children’s pediatrician and contractors detailing the severity of the mould issue and its adverse health effects, Ottawa rejected Powless’s application twice, citing that mould remediation services fall outside the scope of Jordan’s Principle criteria as they are not universally accessible in Canada.
Justice McDonald’s ruling on July 10 emphasized that ISC’s denial was unjustified, as it failed to consider the health and well-being of the children as required by Jordan’s Principle, overlooking the absence of viable alternatives and wrongly focusing on the renovation costs as grounds for refusal.
McDonald highlighted that Jordan’s Principle does not impose financial constraints, and she instructed ISC to reassess its decision, which she deemed inconsistent with the program’s principles.
Powless’s lawyer, David Taylor, expressed hope that ISC would swiftly approve his client’s request this time, emphasizing the urgency of addressing the critical health challenges faced by the children.
Powless previously disclosed that her granddaughters frequently fall ill, leading to multiple emergency room visits and school absences due to the mould issue in their home, underscoring the urgent need for remediation.
The ongoing housing shortages and overcrowding issues within the Oneida Nation of the Thames have compounded the challenges faced by Powless’s family, who have been grappling with a boil-water advisory since 2019, further exacerbating their living conditions.
Taylor underscored the need for ISC to review its approach to Jordan’s Principle funding denials, particularly concerning vulnerable First Nations children, stressing the importance of prompt and direct action to address systemic issues.
The family is anxiously awaiting ISC’s reassessment in the hopes of securing the necessary funds for completing the renovation work before winter sets in.