First Nations Child and Family Services and Jordan’s Principle Class Action

The plaintiffs and Canada have agreed to a settlement that requires that Canada pay $20 billion in compensation. The Settlement must be approved by the court before it becomes effective. 

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It is important to know that the Settlement is not finalized. It will be reviewed by the Federal court at a hearing from September 19 to 23, 2022. Check back for updates on the hearing or subscribe for updates.

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What Should I Do Now?

If you want to receive compensation in this Settlement, you do not have to do anything now.

If you do NOT want to participate in this Settlement or receive compensation, you must complete and submit an Opt-out form by February 19, 2023.

If you submit the Opt-Out Form, you will not receive compensation from the Settlement.

Opt-Out Form

What is the Proposed settlement?

A $20 billion Settlement has been reached in the Federal Child Welfare and Jordan’s Principle Class Action on behalf of First Nations children and some of their family members.

The Settlement applies to First Nations children who were removed from their homes by child welfare agencies operating in First Nations communities and the Yukon and placed in out-of-home care between April 1, 1991, and March 31, 2022. It also applies to First Nations children who were confirmed to have a need for essential services and experienced a delay, denial, or gap in those services between April 1,1991 and November 2, 2017. Caregiving parents and grandparents of impacted children may be eligible for compensation. There will be a fund committed to support First Nations children and families impacted by Canada’s harms.

THE CLAIM PROCESS is not yet open.

This notice period provides you with a chance to remove yourself (opt-out) from the Settlement. You should only opt-out if you DO NOT want to receive payment in this Settlement.

What you need to know

Who is this settlement for?

You are included in the class action if you are in one of the following groups:

Category 1

First Nations children living on-reserve or in the Yukon who were removed from their homes by child welfare agencies and placed into state care, foster care or group homes at any time between April 1, 1991 and March 31, 2022. This group also includes First Nations children who were not living on-reserve but one of their parents was ordinarily resident on a reserve at the time of their removal.

Category 2

First Nations children (living both on-reserve and off-reserve) who were confirmed to need an essential service but faced a delay, denial, or a gap in receiving that essential service between April 1, 1991, and November 2, 2017;

Category 3

The parents, grandparents, or siblings of one of the individuals above.

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Important Documents

There are several important documents to help you understand the Settlement, what it means and how to Opt-Out if you choose. 

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FAQs

Find answers to your questions about the Settlement, compensation, process, and support.

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Subscribe

Sign up to receive news and updates about the Settlement. 

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Timeline

February 2007

The AFN and the First Nations Child and Family Caring Society filed a complaint under the Canadian Human Rights Act stating the Government of Canada was discriminating against First Nations children and families by underfunding the First Nations Child and Family Services Program on-reserve and in the Yukon, and by applying a narrow interpretation of Jordan’s Principle. 

January 2016

The Canadian Human Rights Tribunal (CHRT) agreed with the complainants in a landmark decision and ordered the federal government to end its discrimination, immediately reform the FNCFS Program, and fully implement Jordan’s Principle.  

September 2019

At the request of the AFN, the CHRT issued a Compensation Decision ordering the Government of Canada to pay eligible First Nations children and their parents and caregivers $40,000 in compensation. Included in the decision were First Nations children on-reserve and in the Yukon who were necessarily and unnecessarily removed from their homes from 2006 onwards, and First Nations children who were denied the essential services and other supports they needed, or received them after a delay, because the Government of Canada applied a narrow interpretation of Jordan’s Principle. Two class action lawsuits were also filed, including one by the AFN, and another by Moushoom/Trout seeking compensation for First Nations children and family members who were discriminated against through underfunding of the FNCFS Program and narrow application of Jordan’s Principle. These class actions concern compensation back to 1991, which means they cover more First Nations children and caregivers than the CHRT’s orders. 

Fall 2021

The Government of Canada agreed to enter negotiations to settle the class action lawsuits. 

December 2021

The AFN, the Government of Canada and Moushoom/Trout signed an Agreement-in-Principle that outlined $20 billion in compensation for First Nations children and families impacted by the discriminatory funding practices of the federal FNCFS program and its narrow implementation of Jordan’s Principle.  

June 30, 2022

Final Settlement Agreement on compensation is the result of the dedicated efforts that took place over many years. 

August 17, 2022 | You are here in the process

Announcement that the plaintiffs and Canada have agreed to a Settlement that requires that Canada pay $20 billion in compensation. Notice is issued to class members so that they can understand the Settlement and decide whether they wish to receive compensation or Opt-out (LINK) 

September 19 to 23, 2022

Federal Court hearing to review the Settlement Agreement.  

December 2022

TBC – Distribution Protocol Hearing 

TBC

Launch of Claims Process

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