The Government of Canada has agreed to pay $23.3 billion in compensation to children and their parents (or caregiving grandparents) harmed by discrimination both within the federal government’s on-reserve Child and Family Services Program and in regard to essential public services (including due to its failure to implement Jordan’s Principle).
Each eligible child may receive $40,000 or more in compensation depending on the number of eligible claimants. Parents or grandparents who were caring for an eligible person at the time of removal may also be entitled to compensation in cases of multiple removed children. Siblings and other family members of a removed child will not be entitled to any payment under the settlement.
The minimum amount available for eligible individuals depends on when the essential service gap or the denial or delay of an essential service happened, and the severity of impact experienced. In certain circumstances, individuals may also be entitled to additional compensation if the denial or delay of an essential service had a severe impact on them. Any additional payments will depend on the severity of the impact, the number of eligible claimants, and the availability of funds. Children who experienced the highest level of impact (including pain, suffering or harm of the worst kind) from denials, delays or service gaps between December 12, 2007 and November 2, 2017 will be eligible for a minimum of $40,000.
The caregiving parents or the caregiving grandparents of children who were removed from their homes or denied access to an essential service may also be able to receive compensation. The amount of money a caregiver may be entitled to depends on the Category.
This Settlement followed compensation orders from the Canadian Human Rights Tribunal (CHRT) in 2019, made as part of a complaint filed by the AFN and the First Nations Child and Family Caring Society in February 2007 under the Canadian Human Rights Act stating that the Government of Canada was discriminating against First Nations children and families by underfunding the First Nations Child and Family Services Program on-reserve and in the Yukon, and by applying a narrow interpretation of Jordan’s Principle. The Settlement is intended to satisfy the compensation awards made by the CHRT.
On October 24, 2023, the Federal Court approved the Settlement Agreement. The claims process is not yet open. More information will be available soon.