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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 individuals who, while under the Age of Majority, were removed from their homes between April 1, 1991, and March 31, 2022, by Child Welfare Authorities. The removal from home must have happened while the Child or at least one of their Caregiving Parents or Caregiving Grandparents were Ordinarily Resident on Reserve or living in the Yukon, and the placement must have been funded by Indigenous Services Canada.
The Settlement also provides compensation to First Nations Children who experienced a delay, denial or gap in in receiving 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 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?
- Class Members who do not receive direct payment under the Settlement
- Approved Jordan’s Principle Class Members who require additional support from the time they reach Age of Majority in the province or territory in which they reside, to their 26th birthday
More details about the Cy-près Fund will be shared when information becomes available.
Who is the Administrator?
Is this Settlement connected to the Sixties Scoop or Indian Day School Settlement?
- Federal Indian Day Schools Settlement
- Sixties Scoop Settlement
Does the long-term reform settlement process impact compensation in the First Nations Child and Family Services and Jordan’s Principle Settlement?
The negotiations about long-term reform of the First Nations Child and Family Services Program are separate to this Settlement Agreement. These negotiations have no impact on the compensation available under the First Nations Child and Family Services and Jordan’s Principle Settlement.
What is the difference between Trout Class, Essential Service 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 or 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.
What does out-of-home placement mean?
Out-of-home placement refers to the location of placement of First Nations Children who lived on reserve or in the Yukon and who were removed from their homes by Child Welfare Authorities. The location of placement may include an Assessment Home, Non-kin Foster Home, Paid Kinship Home, Group Home, Residential Treatment Facility or another similar placement funded by Indigenous Services Canada (ISC).
Out-of-home placement does not include a placement with family members or other care facilities not funded by ISC.
How is a First Nations person defined under the Settlement?
- 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
Eligibility
Who is included in the Settlement?
- A First Nations individual
- Who, while under the Age of Majority, was removed from their home between April 1, 1991, and March 31, 2022, by Child Welfare Authorities
- 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
- A First Nations Child who was placed off reserve with non-family between April 1, 1991, and March 31, 2022, where a Child Welfare Authority was involved at the time of the placement, but the caregiver who looked after the child during the placement did not receive any funding related to the placement
- Certain Caregiving Parents or Caregiving Grandparents of First Nations Children described above
Who is included in the Removed Child Class and Removed Child Family Class?
Removed Child Class
A First Nations Individual who, while under the Age of Majority, was removed from their home by Child Welfare Authorities between April 1, 1991, and March 31, 2022
- The removal happened while the Child or at least one of their Caregiving Parents or Caregiving Grandparents were Ordinarily Resident on Reserve in Canada or living in the Yukon; and
- The placement was funded by Indigenous Services Canada (ISC).
Removed Child Family Class
The Caregiving Parents or Caregiving Grandparents of a Removed Child who were living with and assumed and exercised parental responsibilities over the Child at the time of removal, and from whom the Child was first removed.
- This may include the biological or adoptive parents, biological or adoptive grandparents and First Nations Stepparents of the Child.
- Foster parents are not eligible for compensation as Removed Child Family Class Members under the Settlement Agreement.
What does Ordinarily Resident on Reserve mean?
Why is the Settlement limited to Children removed after April 1, 1991?
How do I know which Class to submit a Claim for?
Companion Guides are available for each Claim Form and can help you understand how to complete the Form and know which one is right for you.
The Claims Process for each Class will be rolled out in phases. The Claims Period is now open for the Removed Child Class and Removed Child Family Class.
If you have questions, please call the Administrator toll-free at 1-833-852-0755.
Are Children who were removed from their homes and then later returned eligible for compensation?
Learn more about eligibility for the Removed Child Class.
Are Children who were under Court supervision but not removed eligible for the Removed Child Class?
To be eligible for the Removed Child Class, a Child must have been removed from their home. The Settlement does not include Children who were under Court supervision but who were not removed from their homes.
Are Children who left home on their own eligible for the Removed Child Class?
A Child who left their home, without the involvement of Child Welfare Authorities and whose placement was not funded by ISC, is not eligible for compensation.
Does the reason for the removal of the Child impact eligibility for the Child or the Caregiver?
The reason for the removal does not impact eligibility for the Removed Child Class.
However, Caregiving Parents and Caregiving Grandparents who committed Abuse (as defined by the Settlement Agreement) that resulted in the Child’s removal are not eligible for compensation in relation to that Child.
Abuse is defined in the Settlement Agreement as “sexual abuse (including sexual assault, sexual harassment, sexual exploitation, sex trafficking and child pornography), or serious physical abuse causing bodily injury, but does not include neglect or emotional maltreatment.”
Is everyone in the Removed Child Family Class eligible for direct compensation?
Only the Caregiving Parents or Caregiving Grandparents of a Removed Child who were living with and assumed and exercised parental responsibilities over the Child at the time of first removal may be eligible to receive direct compensation as Removed Child Family Class Members under the Settlement.
This may include the biological or adoptive parents, biological or adoptive grandparents, and First Nations Stepparents.
Foster parents are not eligible for compensation as Removed Child Family Class Members under the Settlement Agreement.
Can you submit a Claim Form if you currently live outside of Canada?
Can a foster parent claim compensation as a Caregiving Parent or Caregiving Grandparent?
No, foster parents are not eligible for compensation under the Removed Child Family Class.
Why aren't foster parents eligible for compensation under the Removed Child Family Class?
- First Nations Children
- Their biological or adoptive Caregiving Parents or First Nations Stepparents
- Their biological or adoptive Caregiving Grandparents
Are siblings, cousins or godparents eligible for direct compensation under the Removed Child Family Class?
Siblings, cousins or godparents are not eligible to receive direct compensation unless they adopted an eligible Removed Child through a verifiable provincial, territorial or custom adoption process and meet the requirements of the Removed Child Family Class as a Caregiving Parent or Caregiving Grandparent.
Siblings may benefit indirectly from the Cy-près Fund, which provides culturally sensitive, trauma-informed supports to Class Members.
Claims Process
I am incarcerated. Is there a way for my family to submit the Claim and receive the compensation on my behalf?
What if I am unable to file a Claim due to health issues or other reasons?
Regardless of who helps you, you must read and understand everything that is included in the Claim Form, and sign and submit the Claim Form yourself.
Every Claimant needs to submit their own Claim. The Administrator will not accept Claims submitted on behalf of another person unless the Claim is submitted by a legally appointed representative or eligible heir.
Will I have to tell my story to be eligible for compensation?
When will the Claims Process open? When will compensation be available?
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?
How will Class Members know when they can submit a Claim for compensation?
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.
How many times can a Caregiving Parent or Caregiving Grandparent submit a Claim? For example, what if they have 5 Children or Grandchildren who were removed?
What is the Indigenous Services Canada (ISC) Database?
The Indigenous Services Canada (ISC) Database is a confidential database of information that contains certain details of removal for individuals who may be Removed Child Class Members. The ISC Database does not include complete child welfare records.
Canada has provided the ISC Database to the Administrator to be used and relied upon exclusively for the purpose of administering the Claims Process. The Administrator may not provide information included in the ISC Database to any party.
What if my name and other information is not in the Indigenous Services Canada (ISC) Database?
If the Administrator is unable to locate your information in the ISC Database, you may receive an Inconclusive Eligibility Letter stating that a decision about your eligibility cannot be made based on available information.
The Administrator will continue to review the Database while it is being updated to see if your information can be located. The continued review of the ISC Database will take place until Canada confirms that no further updates to the Database are to be made.
A process is under development for Claimants who receive an Inconclusive Eligibility Letter. This process will provide direction on next steps for Claimants who, by the time the ISC Database is finalized, are still awaiting an eligibility decision.
Why do I have to submit a Claim Form if the Administrator already has the details of my removal from the Indigenous Services Canada (ISC) Database?
Representation
Can I submit a Claim Form on behalf of another person?
- as a Personal Representative of a Person Under Disability; or
- as a Representative of a Class Member who has passed away.
Learn more about representatives for Removed Child Class and representatives for Removed Child Family Class.
Who can be a representative?
A legally appointed representative is someone designated by the courts to make decisions on behalf of a Person Under Disability or the estate of a Class Member who is deceased. An heir is someone who is related to the Class Member and may submit a Claim on behalf of a Deceased Class Member.
A Personal Representative is someone legally appointed or designated to make decisions for a Person Under Disability, which is a person who is unable to manage or make reasonable decisions about their affairs because of mental incapacity. You need to be legally appointed as someone’s Personal Representative to make a Claim on their behalf. This means you should have:
- A signed Power of Attorney (POA) or Protection Mandate, OR
- A provincial or territorial appointment order (including appointment of a Public Guardian and Trustee), or a federal appointment order for the administration of property by Indigenous Services Canada (Administrator for Property).
- An individual who is legally appointed to represent the estate of the Deceased Removed Child by way of a Grant of Authority (such as a will); or
- The highest priority living heir of the Deceased Removed Child if the Removed Child died without a Grant of Authority.
- An individual who is legally appointed to represent the estate of the Deceased Caregiving Parent or Caregiving Grandparent by way of a Grant of Authority (such as a will); or
- A living heir of the deceased Caregiving Parent or Caregiving Grandparent.
Claim Assessment and Compensation
How long will it take for Claimants to receive payment?
Do Caregiving Parents and Caregiving Grandparents have to share the compensation?
General
Is the Jordan's Principle Class under this Settlement the same as Jordan's Principle products, services or supports?
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) in accordance with the terms of the Settlement Agreement.
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.
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.
I was removed from my home because my Caregiver was abusive. Can I report the abuse so they don’t receive compensation?
When you call the Administrator, you will be asked for the Caregiver’s name and other identifying information. You do not need to share details about the abuse you experienced.
The Administrator will log your report and may contact you at a later date, if necessary. The information you provide will be used, in accordance with the Claims Process, for Removed Child Family Class Claims where you are named as the Removed Child.
Under the Settlement Agreement, Caregivers who commit abuse that led to a Child’s removal are not eligible for compensation in relation to that Child.
The Settlement Agreement defines abuse as sexual abuse (including sexual assault, sexual harassment, sexual exploitation, sex trafficking and child pornography) or serious physical abuse causing bodily injury.
If the removal took place for reasons not listed in this definition of abuse, including neglect or emotional maltreatment, the Caregiver could be eligible for compensation.
Legal support and fees
Do Class Members need a lawyer to submit a Claim?
Who is paying for the legal fees related to this 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.
All of the $23.34 billion is going to Claimants. All other costs to implement the Settlement are funded separately by Canada.
Claims Portal
I can’t create an account. What should I do?
- An email address; and
- A phone number to receive Multi-Factor Authentication codes (both mobile and landlines will work for this).
I can’t remember my password. What should I do?
- Click on the “Forgot Your Password?” link on the Portal homepage, which appears just below the boxes to enter your email address and password, and above the “Continue” button.
- Enter the same email address you originally used to sign up for the account.
- Click “Continue.”
- You will see a “Reset Password” message telling you to check your email inbox.
- If your email address was previously used to create your account, you will receive an email from NoReply@FNChildClaimsAdmin.ca. If you don’t find the message in your inbox, check your junk/spam folder.
- This email will contain a link to click to reset your password. Click on the link or copy the URL and paste it into your web browser.
- Once the page appears, enter the new password in the “New Password” box and again in the “Confirm New Password” box, then click “Continue.”
- Return to the login page and enter your email address and new password.
I’ve created an account but I can’t reset the password. What should I do?
I did not receive email confirmation of the account being created. What should I do?
How do I attach a document in the Portal?
Before you begin submitting a Claim, make sure you have a copy (photocopy, scan or photo) of your document saved on the device you are using to submit your Claim on the Claim Portal.
If you do not already have a copy (photocopy, scan or photo) saved on your device, you can take a picture of your document with your phone and email it to yourself, using the email address you used to create your Portal account. Once you receive it, you'll need to save it to your desktop or phone files. The document will need to be in JPG, JPEG or PNG format.
When you are going through the process of submitting your Claim, you will come to one or more sections called “Upload Documents”. To attach your document, locate the file on your device, and click “Open.” You can also drag and drop the file into the box to upload it.
You can upload more than one document at a time; simply select all the files you want to upload.
I received an error message after I tried to submit my Claim Form. What should I do?
I don’t have access to the phone number that I used for Multi-Factor Authentication. What do I do?
If you do not have access to the phone number you used when you were setting up your account, you can click the “Try Another Method” button on the Multi-Factor Authentication page of the login process. Then, choose “Email”. A one-time code will be sent to the email address that you registered your account with.