Background The path to Compensation
2007: Complaint to CHRT
In February 2007, the Assembly of First Nations (AFN) and the First Nations Child and Family Caring Society (Caring Society) filed a complaint under the Canadian Human Rights Act stating the Government of Canada was discriminating against First Nations children and families by underfunding the First Nations Child and Family Services Program (FNCFS) on-reserve and in the Yukon, and by applying a narrow interpretation of Jordan’s Principle.
2016: Victory for First Nations Children
In January 2016, the Canadian Human Rights Tribunal (CHRT) agreed with the complainants in a landmark decision and ordered the federal government to end its discrimination, immediately reform the FNCFS Program, and fully implement Jordan’s Principle. In the years since this historic decision, the CHRT has issued more than 13 non-compliance orders because the Government of Canada has not been following the CHRT orders.
2019: Compensation decision issued
In September 2019, at the request of the AFN, the CHRT issued a Compensation Decision ordering the Government of Canada to pay eligible First Nations children and their parents and caregivers $40,000 in compensation; This is the absolute maximum amount the CHRT can award per person, even in the most egregious cases. Included in the decision were First Nations children on-reserve and in the Yukon who were removed from their homes from 2006 onwards, and First Nations children who were denied the essential services and other supports they needed, or received after a delay, because the Government of Canada applied a narrow interpretation of Jordan’s Principle.
The Government of Canada sought judicial review of this decision, but it was upheld. Canada had appealed this decision to the Federal Court of Appeal but had instead opted to negotiate a resolution.
Two class action lawsuits were also filed, including one by the AFN, and another by Moushoom/Trout seeking compensation for First Nations children and family members who were discriminated against through underfunding of the FNCFS Program and narrow application of Jordan’s Principle. These class actions concern compensation back to 1991, which means they cover more First Nations children and caregivers than the CHRT orders. In the Fall of 2021, the Government of Canada agreed to enter into negotiations to settle the class action lawsuits.
2021: Settlement talks begin
The AFN, the Government of Canada and Moushoom/Trout signed an Agreement-in-Principle on December 31, 2021 that outlined $20 billion in compensation for First Nations children and families impacted by the discriminatory funding practices of the federal FNCFS program and its narrow implementation of Jordan’s Principle. At the same time, the parties signed an Agreement-in-Principle to reform the FNCFS program and for the full and proper implementation of Jordan’s Principle, outlining an additional $19.807 billion in compensation.
2022: Negotiations continue
In September 2022, the AFN sought approval of the draft First Nations Child and Family Services, Jordan’s Principle, and Trout Class Settlement Agreement on Compensation (FSA) at the CHRT. The CHRT issued a Letter Decision in October 2022, followed by a full decision in December 2022, that stated the Final Settlement Agreement substantially met its 2019 orders on compensation, however, did not fully satisfy these orders. As a result, the Parties to the Class Action and the Caring Society returned to the negotiation table to reach a revised Settlement Agreement that satisfied the CHRT orders on Compensation.
2023: Agreement endorsed
In April 2023, the AFN presented a revised Final Settlement Agreement on Compensation to the First Nations-in-Assembly for endorsement. On April 4, 2023, the First Nations-in-Assembly unanimously approved the revised Final Settlement Agreement via AFN Resolution 04/2023, Revised Final Settlement Agreement on Compensation for First Nations Children and Families.
The Final Settlement Agreement Finalizing the agreement on Compensation for First Nations
The Final Settlement Agreement on Compensation (FSA) is intended to compensate First Nations children and families who experienced discrimination due to Canada’s underfunding of the First Nations Child and Family Services (FNCFS) Program and narrow application of Jordan’s Principle. See the FSA here.
On July 26, 2023, the Canadian Human Rights Tribunal (CHRT) issued a Letter Decision announcing the approval of the revised FSA. The landmark agreement, totalling over $23.34 billion, will compensate more than 300,000 First Nations children and families who experienced discrimination through the FNCFS Program and narrow application of Jordan’s Principle. See the Decision here.
In October of 2023, the Assembly of First Nations (AFN) legal counsel, along with representatives for class action Parties Moushoom and Trout, went before the Federal Court of Canada to seek the approval of the FSA at a Settlement Approval Hearing. On October 24, 2023, the Federal Court Justice overseeing the case issued a decision approving the FSA. Read the Decision here
Before Compensation can be distributed, a distribution protocol must be developed for each Class. This protocol outlines the specifics on who will be eligible for Compensation and how they can apply. The distribution protocol for each Class must also be approved by the Federal Court of Canada.
The AFN invites individuals to sign up for ongoing updates on the Administrator’s website at First Nations Child and Family Services and Jordan’s Principle Settlement (fnchildclaims.ca) to continue receiving updates on the FNCFS and Jordan’s Principle Settlement.
The Classes Compensation eligibility is based on how children and families were affected by discrimination through the child welfare program or delays, denials, or gaps in essential services
Removed Child Class:
First Nations individuals who, at any time during the period between April 1, 1991 and March 31, 2022, while they were under the Age of Majority, were removed from their home by child welfare authorities or voluntarily placed into care, and whose placement was funded by Indigenous Services Canada, were Ordinarily Resident on a Reserve or were living in the Yukon, but excluding individuals living in the Northwest Territories at the time of removal.
Jordan’s Principle Class:
All First Nations individuals who, during the period between December 12, 2007, and November 2, 2017, while they were under the Age of Majority, did not receive from Canada (whether by reason of a Denial or a Service Gap) an Essential Service relating to a Confirmed Need, or whose receipt of said Essential Service relating to a Confirmed Need was delayed by Canada, on grounds, including but not limited to, lack of funding or lack of jurisdiction, or as a result of a Service Gap or jurisdictional dispute with another government or governmental department.
Trout Class:
First Nations individuals who, during the period between April 1, 1991, and December 11, 2007, while they were under the Age of Majority, did not receive from Canada (whether by reason of a Denial or a Service Gap) an Essential Service relating to a Confirmed Need, or whose receipt of said Essential Service was delayed by Canada, on grounds, including but not limited to, lack of funding or lack of jurisdiction, or as a result of a Service Gap or jurisdictional dispute with another government or governmental department.
Kith Child Class:
First Nations individuals living on reserve or in the Yukon, while under the Age of Majority, who at any time were sent off-reserve by a caregiving parent or caregiving grandparent involved with a child welfare agency to temporarily stay with a non-family member (also called “kith”), in a placement not funded by Indigenous Services Canada, between April 1, 1991, and March 31, 2022.
Family Class:
Individuals who are the primary caregiver of:
- a member of the Removed Child Class at the time of removal and/or;
- a member of the Jordan’s Principle Class at the time of delay, denial or service gap and/or;
- a member of the Trout Class at the time of delay, denial or service gap and/or;
- a member of the Kith Child Class at the time of removal and/or;
- an eligible Deceased Child Class member.
For more information on Compensation Classes and amounts, please consult the Compensation Executive Summary.
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Contact Us
Reach out to the FNCFS and Jordan’s Principle Compensation Information Desk
FNCFS and Jordan’s Principle
Compensation Information Desk
Assembly of First Nations
50 O’Connor Street, Suite 200
Ottawa, Ontario K1P 6L2
Tel: +1 (613) 241-6789
Toll-free: +1 (866) 869-6789
Fax: +1 (613) 241-5808