The First Nations Child and Family Caring Society will argue before the Human Rights Tribunal on Friday that Canada is not fulfilling its promise to provide timely health care to Indigenous children.

Jordan's Principle is a legal rule that ensures First Nations children receive health care, social, and educational support when they need it, before any potential questions about who is entitled to these services are resolved.

The organization will submit an affidavit to the Canadian Human Rights Tribunal on Friday after filing a non-compliance complaint against the federal government for failing to address Jordan's Principle claims in a timely manner.

The organization will argue that this means children are denied the support they need or that service providers are not paid.

For her part, Cindy Blackstock, the executive director of the Caring Society, said the situation has become so dire that the organization has started covering costs itself.

She said the organization has received phone calls from individuals from various communities stating that their Jordan's Principle requests have not been considered, and that thousands of cases are still pending.

Among them, children are denied life-saving medical treatment, including children in palliative care.

Blackstock also said that service providers often make great efforts to continue providing services to children, but in the end, they have to pay and need to feed their families.

A spokesperson for the Minister of Indigenous Services, Simon Ross, said in an email that the government is conducting a thorough review of the organization's request, but it is too early to comment.

He pointed out that $20 billion in long-term funding to reform child care came following a historic class action settlement last fall.

The decision concluded that Canada discriminates against First Nations children under Jordan's Principle and other child protection concerns.

He added: "We are working to find a solution as soon as possible so that every child in this country has a fair chance to reach their full potential."

Ross also added that the department is working on short-term solutions, such as using new technologies to expedite approvals and reduce administrative burdens.

Although there are no fees to submit a Jordan’s Principle request, Blackstock said the slow pace of the federal government has left a gap for some people, causing some to pay for for-profit services to help meet their requests.

The court is expected to hear the case in April or early May. Other parties wishing to participate must notify the court by January 22.