What is Jordan’s Principle? A Guide to ABA Therapy Funding for First Nations Families

What is Jordan's Principle? A Guide to ABA Therapy Funding for First Nations Families

If you’re a parent of a First Nations child who needs ABA therapy, you may have heard about Jordan’s Principle but aren’t sure how it can help your family. 

Recent legal developments have clarified that Jordan’s Principle can fund ABA therapy for eligible First Nations children, but navigating the application process requires understanding both your rights and the recent changes to the program.

This guide will walk you through what Jordan’s Principle is, how it applies to ABA therapy, and how your family can access this crucial funding support.

What is Jordan’s Principle?

Jordan’s Principle is a legal rule named in memory of Jordan River Anderson, a First Nations child from Norway House Cree Nation in Manitoba. 

Jordan was born in 1999 with complex medical needs. By the time Jordan turned two, his care team approved his discharge to a home setting equipped for his complex needs.

However, he stayed in the hospital for another two years while federal and provincial governments debated who was responsible for paying for his care at home. Tragically, Jordan died at age five, never having spent a single day in a family home.

Today, Jordan’s Principle ensures that First Nations children can access the health, social, and educational services they need without delays caused by jurisdictional disputes between governments. 

The principle is based on substantive equality, recognising that First Nations children may require additional support to receive the same level of services as other children in Canada.

Since its implementation following a 2016 Canadian Human Rights Tribunal ruling, Jordan’s Principle has approved more than 10 million products, services, and supports for First Nations children across Canada. Further, the federal government has announced nearly $10 billion in funding for the program since 2016.

Why Jordan’s Principle Matters for ABA Therapy

Applied Behaviour Analysis (ABA) is an evidence-based therapy that helps autistic children build communication, social, and daily living skills. 

Sadly, intensive ABA can be extremely expensive and well beyond what most families can afford without public funding.

For example, Ontario families often face long waitlists and limited hours through the Ontario Autism Program (OAP). Jordan’s Principle is designed to fill those gaps, especially for First Nations children who face more barriers to services.

Cully, Scarlet, and ABA Funding

In June 2025, the Federal Court’s decision in Cully v. Canada (Attorney General), often referred to as “Scarlet’s case”, clarified how Jordan’s Principle must be applied:

  1. There is no blanket exclusion for ABA therapy under Jordan’s Principle.
  2. ISC must apply Jordan’s Principle broadly and liberally, not narrowly.
  3. Decisions must be based on substantive equality, culture, and the child’s best interests, not just on whether a similar program exists for non-Indigenous children.
  4. Long waitlists and gaps in provincial programs (like the OAP) must be taken seriously, not ignored.

If your child was denied or cut off from ABA under Jordan’s Principle, and the decision relied on a narrow definition of equality or “existing services,” this suggests you may have grounds to appeal or reapply.

Recent Key Changes & What They Mean

On February 10, 2025, Indigenous Services Canada (ISC) issued an operational bulletin and public statement revising how Jordan’s Principle is administered in three primary ways:

ISC clarified that school-related supports for First Nations children attending provincial or private schools are now generally expected to be covered by provincial systems. 

Jordan’s Principle school-related funding is now focused on on-reserve schools, where supports are linked to a child’s specific health, social, or educational needs.

2. Operational Procedures & Demand Management

To manage growing demand, ISC introduced new operating procedures. 

Requests now require more detailed documentation, including clearer evidence of unmet needs, letters of support from professionals or community knowledge holders, and itemized cost information. Group requests are subject to additional scrutiny and reporting.

3. Decision-Making Framework

ISC reaffirmed that decisions under Jordan’s Principle must be grounded in substantive equality, cultural appropriateness, and the best interests of the child.

These principles are meant to guide how all service requests are assessed, including intensive therapies such as ABA.

How to Access Jordan’s Principle Funding for ABA Therapy

Here’s a streamlined process you can follow or re-use if you’re re-applying after a denial.

1. Check Your Child’s Eligibility

To access Jordan’s Principle, a First Nations child must permanently reside in Canada and be under the age of majority in their province or territory, and meet one of the following criteria:

If you’re still unsure, use this contact directory.

2. Summarize Your Child’s Needs

In 1–2 pages, describe your child’s diagnosis and key challenges (communication, safety, regression).

Also, include why intensive ABA is recommended now (age, developmental window, risks if therapy is reduced).

3. Get a Strong Letter of Support

Ask a professional who knows your child (pediatrician, psychologist, Board Certified Behaviour Analyst, Registered Behaviour Analyst, Elder/Knowledge Keeper) to write a letter that:

4. Prepare a Detailed Cost Breakdown

Ask your ABA provider for a quote listing:

5. Submit The Request 

Start or follow up on a request by:

Other Funding Options Besides Jordan’s Principle

If Jordan’s Principle isn’t accessible to your family, here are some potential funding alternatives.

Ontario Autism Program (OAP)

The Ontario Autism Program provides funding for autistic children and youth for core clinical services (like ABA, speech, OT), entry-to-school programs, and urgent response. 

It is provincial and autism-specific, with age-based funding and waitlists. Jordan’s Principle is federal and focused on First Nations children, and can help fill gaps when OAP doesn’t meet a child’s needs.

Assistance for Children with Severe Disabilities (ACSD)

The ACSD program offers a monthly benefit to help families with the extra costs of raising a child with a severe disability. 

It doesn’t usually cover a full ABA program on its own, but it can help with related expenses like transportation, special equipment, or respite.

Private Insurance & Tax Credits

Some extended health plans offer limited coverage for ABA. Our ABA therapy insurance coverage post explains this in more detail.

Many ABA expenses may qualify for the Medical Expense Tax Credit. Consult our medical expense tax credit for ABA therapy post for tracking and claiming these costs.

How The Portia Learning Centre Can Help

At The Portia Learning Centre, we’ve been helping autistic children and other neurodivergent learners, along with their families, across Ontario since 2006. 

We support children from early childhood through adolescence at our centres in Kanata, Nepean, Ottawa East, and Whitby, as well as families from surrounding First Nations and rural communities.

We can:

Book a free screening or complete our intake form to start the conversation about funding options and next steps for your child.