FAQ

The Settlement provides compensation to 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 between April 1, 1991, and March 31, 2022.

The Settlement also provides compensation to First Nations children who did not receive timely access to essential services and who had a confirmed need for those services between April 1, 1991, and November 2, 2017. This treatment discriminated against the children and broke a legal rule known as Jordan’s Principle.

Certain eligible caregiving parents or caregiving grandparents of these children will also be compensated through the Settlement.

The Settlement Agreement includes $23.34 billion in compensation for impacted First Nations children and their caregiving parents or caregiving grandparents.

The Settlement also includes a $50 million fund to provide access to culture, community and healing-based programs to Class Members, and a $90 million fund to benefit high-needs Jordan’s Principle Class Members to ensure their personal dignity and well-being.

More details can be found in the Settlement Agreement Order issued by the Federal Court on October 24, 2023.

The First Nations-led Cy-près Fund is designed to benefit the following Class Members:

1. Class Members who do not receive direct payment under this Agreement.
2. Approved Jordan’s Principle Class Members who require additional support from the age of majority in the province/territory they reside, to their 26th birthday.

There is $50 million in the Cy-près Fund, which will be used to provide culturally sensitive and trauma-informed supports to the Class and may include:

• The establishment of a fund, foundation or similar, which may be led by First Nations youth and children in care formerly in care, their allies and those who experienced a delay, denial or service gap under Jordan’s Principle. This will offer grant-based supports to facilitate access to culture-based, community-based and healing-based programs, services and activities to Class Members and the Children of First Nations parents who experienced a delay, denial or service gap under Jordan’s Principle. Such grant-based supports may include:
• • • family and community unification, reunification, connection and reconnection for youth in care and formerly in care;
    • facilitating access to cultural programs, activities and support;
    • transition to adulthood supports for First Nations youth in care and formerly in care; navigational supports for those who are not eligible to receive services, for those aging out of care under Jordan’s Principle, or are not covered elsewhere; and access to a scholarship designed to acknowledge the adverse effects associated with the experience of a delay, denial or service gap under Jordan’s Principle.

• A national First Nations youth in/from care network may be established through the grants, or through the formation of a fund, foundation or similar organization, which may include funding an existing national network and existing regional networks. These networks would share best practices and updates, provide advocacy, as well as discuss and make recommendations on policy.  

More details about the Cy-près Fund will be shared on this website when information becomes available.

Deloitte LLP has been appointed as the Administrator of this settlement.

No, the First Nations Child and Family Services and Jordan’s Principle Settlement is not connected to either the Federal Indian Day School or the Sixties Scoop Settlements. It is a separate settlement.

Both the Sixties Scoop and Federal Indian Day School Settlements are closed and no longer accepting claims for compensation. You can learn more at:

• Indian Day Schools 
• Sixties Scoop 

If you received compensation through another settlement, that does not impact your eligibility under the First Nations Child and Family Services and Jordan’s Principle Settlement if you meet the eligibility criteria.

The difference between Trout Class, Essential Services Class and Jordan’s Principle Class is the time when the delay, denial or service gap occurred as well as the level of impact on the individual. 

All three Classes include First Nations individuals who, while they were children (under the Age of Majority in their province/territory of residence) did not receive an essential service related to a Confirmed Need from Canada or whose receipt of an essential service was delayed. This includes a denial, a service gap or delayed service by Canada. 

You may be a member of Jordan’s Principle Class or Essential Services Class if you experienced the situation described above between December 12, 2007, and November 2, 2017. 

You may be a member of Trout Class if you experienced the situation described above between April 1, 1991, and December 11, 2007.

Out-of-home placement refers to placements of First Nations Children who lived on Reserve or in the Yukon and who were removed from their homes by Child Welfare Authorities and placed in a Non-kin Foster Home, Group Home, Residential Treatment Facility or Assessment Home funded by Indigenous Services Canada.

Out-of-home placement does not include a placement with family members or other care facilities not funded by Indigenous Services Canada.

Under this Settlement Agreement, a First Nations person primarily refers to Class Members who:

• Are registered under the Indian Act

• Were entitled to be registered under sections 6(1) or 6(2) of the Indian Act, as it reads as of February 11, 2022

Specific Classes have additional criteria, which will be made available when the various Claims Processes open.

It is not yet possible to make a claim for compensation. The Claims Process will not open for several months. We encourage you to sign up to receive updates so we can let you know exactly when the process opens and what you need to do.

Each Claims Process will include details on how to submit a claim, required documentation and the process to receive compensation.

This is a complex settlement with several large classes. There are important steps that must take place before the Claims Process can start and compensation can be issued to eligible Claimants.

Before compensation can be provided, the Federal Court must approve the Claims Process for each class, which will be implemented in phases. The initial Claims Process is expected to launch approximately six months after the Court approves it. The timing of compensation will be issued to eligible Class Members in accordance with the approved Claims Process.

Each Claims Process will include details on how to submit a claim, required documentation and the process to receive compensation.

To sign up for updates, please visit fnchildclaims.ca/signup/.

The Claims Process will be rolled out in phases with the initial phase including the Removed Child Class and their Caregiving Parents or Caregiving Grandparents.

The Claims Process is not yet open. Once the Claims Process opens, Claimants are encouraged to submit one claim for each class they may belong to. If a Claimant qualifies as a Class Member under multiple classes, their compensation will not be combined. Claimants will receive the higher single amount for which they qualify.

The Settlement Agreement included a detailed Notice Plan that the Federal Court approved on November 3, 2023. This plan includes extensive national communications campaigns to ensure Class Members are aware of the Settlement and understand when and how to submit a claim. Information will be shared online through fnchildclaims.ca and social media, through broadcast and print media, and in communities and urban centres.

Individuals who have experienced the following may be eligible for compensation:

1. Removed Child Class: First Nations children on-reserve or in the Yukon who were removed from their homes and placed into care that was funded by Indigenous Services Canada (ISC) between April 1, 1991, and March 31, 2022.
2. Kith Child Class and Kith Child Family Class: First Nations children placed with a non-family caregiver off-reserve during the same period, whose placement was not funded by ISC but where a Child Welfare Authority was involved. Caregiving parents or caregiving grandparents are also included in this Settlement.
3. Jordan’s Principle Class, Trout Class, or Essential Services Class: First Nations children who, between April 1, 1991, and November 2, 2017, did not receive, or were delayed in receiving, an essential public service or product or who suffered a gap in services during that period.
4. Family Class: The caregiving parent or caregiving grandparent of a child who experienced removal or a delay or denial of an essential service.

Individuals who need assistance identifying which class(es) they belong to can contact the Administrator at 1-833-852-0755.

If both parents were Caregivers to the Removed Child at the time of first removal, they may each be eligible to receive individual Base Compensation payments. More details on eligibility and compensation amounts will be available when the Claims Process opens.

Each Claim and related supporting documentation will be carefully reviewed by the Administrator to determine the applicant’s eligibility based on the terms of the Settlement Agreement.

The Administrator recommends that the Caregiver submit one Claim Form for all of their Children and/or Grandchildren. The Claim Form allows for additional pages to be added for more Children.

However, if the Claimant identifies additional Children after they have submitted a Claim Form, they can submit another Claim Form before the deadline.

Every individual has to submit their own Claim Form. The only exception is if they have a legally appointed Personal Representative. Claims Helpers will be available to help incarcerated Claimants submit Claim Forms once the Claims Period opens. You can request this assistance by calling the Administrator toll-free at 1-833-852-0755.

The Indigenous Services Canada (ISC) Database is a confidential database of information that contain certain details of removal for individuals who may be Removed Child Class Members. Canada has provided the ISC Database to the Administrator to be used exclusively and relied upon by the Administrator for the purpose of administering the Claims Process. The Administrator may not provide information included in the ISC Database to any party.

The ISC Database does not include complete child welfare records.

If the Administrator is unable to locate your information on the ISC Database, you will receive an Inconclusive Eligibility Letter from the Administrator stating that a decision about your eligibility cannot be made based on available information.

While the ISC Database is being updated and new information becomes available, the Administrator will continue to check the ISC Database to see if your information can be located.

The continued review of the ISC Database will take place until Canada confirms that the Administrator has received the complete ISC Database, and no further updates are to be provided to the Administrator.

An updated process is under development that will provide direction on next steps for Claimants who, by the time the ISC Database is finalized, are still awaiting an Eligibility Decision.

Anyone who wants to receive compensation under this Settlement is required to submit a Claim Form. The Administrator must have a completed Claim Form with your name, current address, signature and a copy of your government-issued identification to process your Claim.

The timing of compensation will vary by Claims Process. The Claims Process is not open yet and the timing of payments to eligible Class Members is not yet determined. Payments may only begin after the implementation of the Settlement begins and the Claims Process opens.

If both parents were Caregivers to the Removed Child at the time of first removal, they may each be eligible to receive individual Base Compensation payments. More details on eligibility and compensation amounts will be available when the Claims Process opens.

Each Claim and related supporting documentation will be carefully reviewed by the Administrator to determine the applicant’s eligibility based on the terms of the Settlement Agreement.

No. Class Members can access claims-related support services for free at 1-833-852-0755. This includes support with filling out a Claim Form when they are available, and, if applicable, obtaining supporting documents.

Legal advice is available for free through Class Counsel. If you choose to hire a lawyer or someone else to help you submit your claim, you will have to pay for their services.

Also, mental health and wellness supports are available for free and can be accessed through the Hope for Wellness Helpline at 1-855-242-3310 or the online chat at hopeforwellness.ca, 24 hours a day, 7 days a week.

Claimants will not be required to pay any legal fees under the Settlement. All costs associated with implementing the Settlement, including legal fees and supports for Class Members, are in addition to the $23.34 billion settlement amount and will be covered by Canada.

No. The Jordan’s Principle Class under the First Nations Child and Family Services and Jordan’s Principle Settlement is different from Jordan’s Principle products, supports and services provided by Indigenous Services Canada.

Please refer to Indigenous Services Canada’s website for general information on Jordan’s Principle requests. If you have specific questions about your Jordan’s Principle request, please contact your Regional Focal Point. A list of Focal Points and contact information can be found on the website.

Yes. Compensation claims under the First Nations Child and Family Services and Jordan’s Principle Settlement are different from Jordan’s Principle products, support and services provided by Indigenous Services Canada.

The compensation claims under the First Nations Child and Family Services and Jordan’s Principle Settlement are managed by the Administrator (Deloitte).

As outlined in the Settlement Agreement, being part of the Jordan’s Principle Class will not have any effect on pending, approved or future requests to Jordan’s Principle.

Only individuals who opted out of this Settlement may be able to bring an action against Canada in the future. If you did not opt out of Settlement, you will not be able to take legal action against Canada or make an application to the Canadian Human Rights Tribunal regarding the same discriminatory conduct that is the subject of the class action.

Participating in this Settlement does not prevent you from taking legal action for any other harm not included in this class action or starting a claim against a province, territory, agency or other person.

You can help a Caregiving Parent or Caregiving Grandparent fill out their Claim Form, or you can have a Claims Helper assist. However, the Claimant must sign and submit the Claim Form themselves.

You can only submit a Claim Form on behalf of another person if you are legally appointed as their Personal Representative. This means you would have documentation that indicates you are the Personal Representative, which could include a signed Power of Attorney or a federal appointment order.

You can get access to a Claims Helper by calling the Administrator toll-free at 1-833-852-0755.