The Settlement
This class action is about discrimination by the Canadian government against First Nations children in providing child welfare, health care, and other essential services.
The class action claims that from April 1, 1991 until March 31, 2022, Canada discriminated against First Nations children living on reserves or in the Yukon who were removed from their homes by child welfare agencies operating in First Nations communities and placed in out-of-home care.
The class action also covers claims that between April 1, 1991 and November 2, 2017, where Canada failed to provide (or delayed in providing) essential services to First Nations children who had a confirmed need for such essential services. This treatment discriminated against the children and broke a legal rule known as Jordan’s Principle.
The goal of the Settlement is to offer compensation to survivors and their families in recognition of the harms they’ve endured.
Not yet, the Federal Court will hold a hearing to decide if the Settlement should be approved. This hearing will take place in Ottawa on September 19 to 23, 2022. It is possible that this date might change.
The Settlement must also be reviewed by the Canadian Human Rights Tribunal. A hearing before the Tribunal is expected to take place before the hearing at the Federal Court.
Participation in the Settlement is voluntary. You can decide if you would like to participate and make a claim for payment. You can choose to stay in the Class Action or Opt-out.
You do not have to do anything at this time. Once the Settlement is approved by the court, you will be provided with information on the claims process.
By staying in the Class Action, you give up the right to sue Canada again, or make an application to the Canadian Human Rights Tribunal, regarding the same discriminatory conduct.
If you do not want to stay in the Class Action, you can opt-out by asking to be removed from this lawsuit. You can do so by filling out an Opt-Out Form online or mailing a copy to PO Box 7030, Toronto ON M5C 2K7 or by calling the Administrator at 1-833-852-0755. The last day to remove yourself from the Class Action is February 19, 2023.
If you remove yourself from the class action, you will not receive any compensation under this Settlement, this includes the Canadian Human Rights Tribunal Compensation Order.