Federal Court releases written decision approving the First Nations Child and Family Services and Jordan’s Principle Settlement Agreement

November 3, 2023

On October 24, 2023, the Federal Court approved the Settlement Agreement for the First Nations Child and Family Services and Jordan’s Principle Class Action. The Settlement Agreement includes $23.34 billion in compensation for impacted First Nations individuals and some of their family members.

The Settlement applies to First Nations children who were removed from their homes by, or involving, 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, and to First Nations children who experienced a delay, denial or gap in essential services between April 1, 1991, and November 2, 2017. Caregiving parents or caregiving grandparents of these individuals may also be eligible for compensation. Further details on eligibility can be found in the Short-Form Notice.

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.

Some Class Members have until January 15, 2024, to opt-out.

Members of the “Kith Child Class” and the “Kith Family Class” who do not want to receive compensation under this Settlement can remove themselves by submitting an Opt-out Form by January 14, 2024. These classes include: (i) First Nations children placed off-reserve with a non-family caregiver, where the caregiver did not receive any funding related to the placement and a Child Welfare Authority was involved in the placement, and (ii) the caregiving parents or caregiving grandparents of those children.

Compensation is not yet available.

Before compensation can be distributed, the Federal Court must approve the Claims Process for each Class, which will be done in phases. The initial Claims Process is expected to launch approximately six months after the Court approves it. Details of the timing of payment to a class member will be communicated to them once their claim is submitted and approved under the approved Claims Process.

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

Supports for Class Members

First Nations-led, trauma-informed supports will be provided to Class Members for free.

Mental health and wellness supports are available through Hope for Wellness at 1-855-242-3310 or the online chat at hopeforwellness.ca, 24 hours a day, 7 days a week.

For more information about the First Nations Child and Family Services and Jordan’s Principle Settlement and to sign up for updates about the Claims Process, visit fnchildclaims.ca or contact the Administrator at 1-833-852-0755.