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About the Settlement Agreement
What is the First Nations Child and Family Services and Jordan’s Principle Settlement about?
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.
What does the Settlement Agreement include?
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.
What is the Cy-près fund?
The First Nations-led Cy-près Fund is designed to benefit the following Class Members:
- Class Members who do not receive direct payment under this Agreement.
- 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:
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- 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.
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- 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.
Who is the Administrator?
Deloitte LLP has been appointed as the Administrator of this settlement.
Is this Settlement connected to the Sixties Scoop or Indian Day School 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:
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.
What is the difference between Trout Class, Essential Services Class and Jordan’s Principle Class?
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.
Claims Process
When will the Claims Process open? When will compensation be available?
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.
When will the Claims Process be submitted to the Federal Court for approval?
Work is underway to develop the initial Claims Process, which is expected to be submitted to the Court for approval in 2024.
What’s included in the Claims Process?
Each Claims Process will include details on how to submit a claim, required documentation and the process to receive compensation.
Why is it taking so long to implement the Claims Process?
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/.
Who will be eligible to apply when the first Claims Process launches?
The Claims Process is expected to be rolled out in phases, with the initial phase anticipated to include the Removed Child Class and their caregiving parents or caregiving grandparents. It is expected to launch approximately six months after Court approval.
Can Claimants submit more than one claim if they are part of multiple classes? If so, will they receive compensation for each claim they submit?
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.
How will Class Members know when they can submit a claim for compensation?
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.
How do Class Members apply for compensation?
Details on what information is required are still being determined as part of the ongoing work to develop the Claims Process, which is expected to be submitted to the Federal Court for approval in 2024.
The Claims Form and details about the information required to apply for compensation will be available after the Court’s approval of the Claims Process.
Class Members can access claims-related support services for free at 1-833-852-0755. This includes support with filling out a Claims Form, and, if applicable, obtaining supporting documents.
How will people know if they qualify for compensation?
Individuals who have experienced the following may be eligible for compensation:
- 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.
- 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.
- 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.
- 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.
Do Caregiving Parents have to share the compensation?
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.
Does the Administrator know who is eligible for compensation?
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.
Claim Assessment and Compensation
How long will it take to assess each claim?
The Claims Process, which outlines how and when claims will be assessed, is under development and is expected to be submitted to the Court for approval in 2024. Once the Claims Process has been approved, information on the general processing times will be available on fnchildclaims.ca.
How much compensation will each Claimant receive?
The amount of compensation that an eligible Claimant may receive will depend on each Claimant’s circumstances. Generally, payments could be about $20,000 or $40,000 per individual. Some Claimants may be eligible for additional compensation. If Claimants are eligible for multiple classes, they will receive the higher single amount for which they qualify. Compensation amounts will not be combined across classes. Payments may be issued to eligible Claimants in instalments.
How long will it take for Claimants to receive payment?
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.
Do Caregiving Parents have to share the compensation?
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.
Does the Administrator know who is eligible for compensation?
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.
Legal support and fees
Do Class Members need a lawyer to submit a claim?
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.
Who is paying for the legal fees related to this Settlement?
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 $23.34B settlement amount and will be covered by Canada.
General
Is the Jordan’s Principle Class under this Settlement the same as Jordan’s Principle products, services or supports?
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.
Can I apply for this Settlement if I already applied to receive Jordan’s principle services through Indigenous Services Canada?
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.
Eligibility
Who is included in the Settlement?
The following Class Members may be eligible for compensation:
- A First Nations Child
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- Who, while under the Age of Majority between April 1, 1991, and March 31, 2022, was removed from their home by Child Welfare Authorities or voluntarily placed into care
- The removal happened while the Child or their Caregiving Parents or Caregiving Grandparents were Ordinarily Resident on Reserve in Canada or living in the Yukon
- The placement was funded by Indigenous Services Canada (ISC)
- A First Nations Child who had a confirmed need of an essential service but faced a delay, denial or a service gap in receiving support between April 1, 1991, and November 2, 2017
- Some Caregiving Parents or Caregiving Grandparents of a Child who experienced a removal or a delay, denial or service gap of an essential service
A group known as "Kith" which is:
- First Nations Children placed off Reserve with a non-Family Caregiver between April 1, 1991, and March 31, 2022, where
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- The Caregiver did not receive any funding related to the placement
- A Child Welfare Authority was involved at the time of the placement
- Certain Caregiving Parents or Caregiving Grandparents of a Kith Child placed off Reserve
Will I have to tell my story to be eligible for compensation?
If you are a member of the Removed Child Class, Jordan's Principle Class, Essential Service Class, Trout Child Class, or Kith Child Class, you are not required to participate in any interviews or court appearances to submit a claim, however, you may be asked to verify information as part of the Claims Process.
Family Class members may be required to provide specific details about their role as a Caregiving Parent or Caregiving Grandparent.
More information will be available when the various Claims Processes are open.
Who is included in the Removed Child Class?
The "Removed Child Class" or "Removed Child Class Members" are individuals who meet the following criteria:
- a First Nations person;
- Ordinarily Resident* on Reserve or in the Yukon at the time of being removed (excluding individuals who were living in the Northwest Territories at the time of removal) or had at least one Caregiving Parent or Caregiving Grandparent Ordinarily Resident on Reserve or in the Yukon at that time. Note that those who were Ordinarily Resident in the Northwest Territories are not part of this settlement; and
- Placed into care as a child between April 1, 1991, and March 31, 2022; and,
- That placement was funded by Indigenous Services Canada.
*To be considered “Ordinarily Resident on Reserve”, your primary residency was on a First Nations reserve. You may have been temporarily living off-reserve for education or work or to receive social services or other essential care, but as long as your main residence was on reserve, you are considered to have been Ordinarily Resident on Reserve.
Who may be eligible as a Caregiving Parent or Caregiving Grandparent?
Eligible Caregiving Parents are the biological parents, adoptive parents and Stepparents of a Class Member who were living with and assumed parental responsibilities over a Removed Child Class Member at the time of removal. Foster parents are not eligible as Caregiving Parents under the Settlement Agreement.
Eligible Caregiving Grandparents are the biological or adoptive Caregiving Grandmother or Caregiving Grandfather of a Class Member who were living with and assumed parental responsibilities over a Removed Child Class Member at the time of removal in the absence of a parent or both parents of the child.
Can a foster parent claim compensation under this Settlement as a Caregiving Parent or Caregiving Grandparent?
No, foster parents are not entitled to compensation under this Settlement.
Are siblings eligible under the Removed Child Family Class?
Siblings are not entitled to direct compensation under this Settlement as part of a Family Class. They may benefit indirectly from the Cy-près Fund.
How is a First Nations person defined under the Settlement?
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.
Do Crown Wards qualify for compensation?
A Crown Ward may be eligible for compensation under the Removed Child Class if:
- Child Welfare Authorities removed the individual from their home or they were voluntarily placed into care while under the Age of Majority (in their province/territory of residence) between April 1, 1991, and March 31, 2022
- They were placed in care in an Assessment Home, Non-kin Foster Home, Paid Kinship Home, Group Home, Residential Treatment Facility or another facility that was funded by Indigenous Services Canada (ISC)
- Either the individual or at least one of their Caregiving Parents or Caregiving Grandparents were Ordinarily Resident on Reserve or living in the Yukon when they were removed from their home
If I participate in this Settlement, does that mean I cannot take further action against Canada?
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.
Can I qualify for multiple Classes?
Yes, you can submit a Claim for multiple Classes when the Claims Processes open. If you are eligible under multiple Classes, you will receive the highest amount of compensation available among your eligible Classes.
Compensation amounts will not be combined.
What does out-of-home placement mean?
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.