Important: You can now submit a Claim for the Removed Child Class and Removed Child Family Class. Learn more about how to complete a Claim.
Learn more about the Removed Child Family Class
The Removed Child Family Class includes the brothers, sisters, mothers, fathers, grandmothers and grandfathers of a Removed Child[1].
Removed Child Family Class Members who are eligible to receive compensation under the Settlement include the Caregiving Parents, Caregiving Grandparents of a Removed Child who were living with and assumed parental responsibilities over the Child at the time of removal.
A Caregiving Parent or Caregiving Grandparent:
- Is Removed Child’s[1] biological or adoptive parent or grandparent or First Nations[2] Stepparent
- Must have lived with, assumed and exercised parental responsibilities over the Removed Child at the time of removal
- Was the one from whom the Removed Child was first removed
- Must not be a foster parent
- Must not have committed Abuse[3] , as defined under the Settlement Agreement, that led to the removal of the Child
As an adult Caregiving Parent or Caregiving Grandparent, you must submit your Claim by March 10, 2028, regardless of the age of the associated Removed Child[1].
Every person must submit their own Claim. The exception is if the Claimant is unable to manage their own financial and legal affairs due to mental incapacity or is deceased. In such cases, a representative may submit a Claim on their behalf. Representatives include:
[1] A Removed Child is 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 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. The placement was funded by Indigenous Services Canada.
[2] First Nations: Under the Removed Child Class, as defined in the Settlement Agreement, a First Nations individual is someone who:
- Is registered under the Indian Act
- Was entitled to be registered under section 6 of the Indian Act as it reads as of February 11, 2022
- Is a band member of a First Nation that controls its membership and was included on the band membership list before February 11, 2022
[3]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.
[4] A Grant of Authority is a document that names the Estate Executor or Estate Administrator and is evidence that the Representative has the legal authority to receive compensation on behalf of the estate of the eligible Deceased Claimant. A Grant of Authority may include one of the following documents:
- Will (for example, Notarial Will for Quebec); or
- Grant of Probate issued by a provincial or territorial court order; or
- Grant of Administration letter issued by the Government of Canada, such as:
- Indigenous and Northern Affairs Canada (INAC); or
- Indigenous Services Canada (ISC); or
- Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC)
[5] An heir may be a spouse, child, grandchild, parent, sibling or grandparent of the Deceased Class Member. Only the highest priority living heirs may be eligible to represent and receive compensation on behalf of a Deceased Class Member.
For Type B deceased Caregiving Parents and Caregiving Grandparents, eligible heirs who may receive compensation include only the living children of the Caregiving Parent or living grandchildren of the Caregiving Grandparent. If there are no living children or living grandchildren, such Claim is not eligible for compensation.