Federal Court approves first Claims Process for First Nations Child and Family Services and Jordan’s Principle Settlement

Claims Period for Removed Child Class and Removed Child Family Class expected to open later this year 

June 20, 2024

TORONTO – The Federal Court approved the first Claims Process for the First Nations Child and Family Services and Jordan’s Principle Settlement (“the Settlement”), marking a significant milestone towards providing compensation to individuals included in the historic $23.34 billion Settlement Agreement.

The first Claims Process focuses on two Classes — the Removed Child Class and Removed Child Family Class. These Classes include First Nations individuals who were removed from their homes as Children, on reserve, or in the Yukon, and placed into care funded by Indigenous Services Canada between April 1, 1991, and March 31, 2022, as well as their Caregiving Parents or Caregiving Grandparents.

The Courts approval of the first Claims Process marks a pivotal step towards providing compensation for First Nations Children and their families,says Stuart Wuttke, General Counsel for the Assembly of First Nations and Chair of the Settlement Implementation Committee. “While we’re pleased to see the Settlement moving forward, there’s still a lot of work to be done before the Claims Process can open. Our focus now is to make sure Class Members are aware of their rights and what they need to get ready to submit their Claim.”  

The Removed Child Class and Removed Child Family Class represent the first two of nine Classes under the Settlement. The Claims Period for each Class will open in phases following Court approval of each associated Claims Process. 

“We expect that members of the Removed Child Class and Removed Child Family Class will be able to apply for compensation by the end of the year,” explains David Sterns, Class Counsel, partner at Sotos LLP and member of the Settlement Implementation Committee. “Once the Claims Period opens, Class Members will need to submit a Claim Form to the Administrator to make their Claim for compensation.”

“Although compensation is not yet available, Class Members can take steps now to prepare for when the Claims Period opens,” says Robert Kugler, Class Counsel, partner at Kugler Kandestin and member of the Settlement Implementation Committee. “Anyone who submits a Claim will need to provide a copy of government-issued identification and a mailing address, and they should also have access to a bank account in their name to receive compensation. We encourage people who are planning to submit a Claim to have these minimum requirements in place before the Claims Period opens.”

The Administrator for the Settlement will accept a wide range of government-issued identification, including a Certificate of Indian Status, driver’s licence, provincial or territory photo ID, birth certificate or an old age security ID card. A full list of accepted identification required to submit a Claim will be available in the next few weeks..

General information about the Settlement and the Claims Process is available to Class Members through the First Nations Child & Family Services & Jordan’s Principle website. Class Members who have questions about the Settlement can also contact the Administrator at 1-833-852-0755.

In addition, when the Claims Period opens, resources such as an eligibility assessment tool will be made available. Class Members will also have access to Claim Helpers at no cost, to provide one-on-one support for completing the Claim Form virtually or in-person. Claim Helpers will also assist Class Members with connecting to local services and wellness resources.

Mental health counseling and crisis support is available to Class Members 24 hours a day, seven days a week, through the Hope for Wellness Helpline at 1-855-242-3310 or at Hope for Wellness website. Counselling is available in English, French, Cree, Ojibway and Inuktitut upon request. Children and youth can also call the Kids Help Phone anytime at 1-800-668-6868, or text #686868.

The First Nations Child and Family Services and Jordan’s Principle Settlement Agreement was approved by the Federal Court on October 24, 2023, and intends to compensate those harmed by discriminatory underfunding of the First Nations Child and Family Services Program and those impacted by the federal government’s narrow interpretation of Jordan’s Principle. The $23.34 billion Settlement Agreement followed compensation orders from the Canadian Human Rights Tribunal in 2019, which addressed systemic discrimination against First Nations Children and families.