Summary:
- The Federal Court has approved a launch date for the first claims period to begin for those affected by discrimination in the First Nations Child and Family Services Program and narrow application of Jordan’s Principle class action settlement.
- This process is separate and distinct from ongoing efforts to secure an agreement on long-term reform of First Nations Child and Family Services. The negotiations on compensation and long-term reform are two different settlement agreements with different approvals processes.
- The first claims period will open on March 10, 2025, and applies to the Removed Child and Removed Child Family classes.
- Individuals who may be eligible for compensation under the period opening March 10, 2025 include First Nations individuals who were removed from their homes as Children between April 1, 1991, and March 31, 2022, while living on reserve or in the Yukon and placed into care funded by Indigenous Services Canada, as well as their Caregiving Parents or Caregiving Grandparents.
- The Removed Child and Removed Child Family classes are two of the nine classes under the final settlement agreement on compensation. The additional classes will have claims periods to be determined at a future date.
- Help is available to support applicants with the claims process. Visit www.fnchildclaims.ca for more information.
On December 12, 2024, the Federal Court of Canada issued a letter of decision regarding the class action settlement agreement for First Nations individuals affected by discrimination in the First Nations Child and Family Services (FNCFS) Program and narrow application of Jordan’s Principle. The letter of decision approved the opening of the first claims period to begin March 10, 2025.
Distinction from long-term reform
The compensation final settlement agreement is a separate agreement from ongoing efforts to secure a settlement on long-term reform. The final settlement agreement on compensation was presented to the First Nations-in-Assembly for endorsement in April 2023. On April 4, 2023, the First Nations-in-Assembly unanimously approved the FSA via AFN Resolution 04/2023, Revised Final Settlement Agreement on Compensation for First Nations Children and Families.
The draft agreement on long-term reform was presented to leadership in October 2024 and was not ratified by the First Nations-in-Assembly at that time. In accordance with Resolutions 60/2024, Addressing Long-Term Reform of the First Nations Child and Family Services Program and Jordan’s Principle, and 61/2024, Meaningful Consultation on Long-Term Reform of First Nations Child and Family Services, the efforts to negotiate and secure a new agreement on long-term reform are now under the purview of the National Children’s Chiefs Commission.
Eligibility and application
This claims period will apply to the Removed Child and Removed Child Family classes. These first two Classes include First Nations individuals who were removed from their homes as Children between April 1, 1991, and March 31, 2022, while living on reserve or in the Yukon and placed into care funded by Indigenous Services Canada, as well as their Caregiving Parents or Caregiving Grandparents.
When the Claims Period opens, Removed Child and Removed Child Family Class Members will be able to submit their Claim Form to the Administrator. While compensation is not yet available, there are steps Class Members can take now to get ready for the Claims Period by making sure they have valid government-issued identification and a mailing address. Class Members should also have access to a bank in their name so that the Administrator can deposit compensation directly into their account.
Class members have three years to submit their claim once they have reached the age of majority. Those who are currently minors can submit a claim up to two years before they reach the age of majority. If a class member cannot apply within three years due to extenuating circumstances, they can apply for an extension of up to one year. This would be subject to approval.
Compensation distribution
Compensation can only be distributed to eligible claimants once they reach the age of majority, even if they apply as a minor. The amount of compensation for each claimant will vary by the class they apply under and the circumstances of the application. Payments could range from $20,000 to $40,000 per individual. Some claimants may be eligible for additional compensation.
Some class members may be eligible to more than one class. Please note that a separate claim form will need to be submitted for each class.
Additional classes under the settlement
The Removed Child and Removed Child Family classes are two classes out of nine covered under the final settlement agreement for compensation. The claims period opening on March 10, 2025 only applies to these two classes. The claim periods for the additional seven classes will open at a later date, as each distribution protocol must be approved by the Federal Court.
Fraud, support and resources
You do not need to pay anyone to help you file a claim or help you receive payment. Note that fraudulent legal representatives may try to exploit First Nations applications under the claims process. No one should be requesting personal information from you. The Administrator is not reaching out to class members. If you are contacted by anyone claiming to be with this settlement and asking for information, please contact the Administrator at 1-833-852-0755 or [email protected]. Reporting an incident will help protect Class Members and may prevent someone from becoming a victim of fraud.
Help is available for individuals preparing to apply under the claims process beginning March 10, 2025. Class members who have questions or need support with their Claim can contact the Administrator’s Contact Centre who can connect them to a Claims Helper if needed. Claims Helpers can provide one-on-one trauma-informed support with completing the Claim Form online, over the phone or in person, where available. Claims Helpers can also assist Class Members with connecting to local services and wellness resources.
Visit www.fnchildclaims.ca for more information.
For media inquiries, please contact Genna Benson, Director of Communications, at [email protected].