As of August 19, 2022 the Notice of Certification and Settlement Approval hearing, including details of the Settlement, is available (see documents below). Class members may provide comment and decide whether they wish to be a part of the settlement or opt out.

The Government of Canada, the Assembly of First Nations (AFN), and the plaintiffs in the Moushoom and Trout class actions have agreed to a settlement that requires Canada to pay $20 billion in compensation for discrimination under the First Nations Child and Family Services Program and the narrow application of Jordan’s Principle. The Agreement will be considered final only once the Canadian Human Rights Tribunal agrees that it satisfies the Tribunal’s 2019 compensation orders and the Settlement is approved by the Federal Court of Canada. These court hearings are scheduled for September 2022. The Settlement must be approved by the court before it becomes effective.

The hearing will take place in person and will be broadcasted online. Details of the hearing will be posted here once available.

What’s next?

If you want to stay in the class action and be eligible to submit a claim for payment in this settlement, you do not need to do anything now.

Class Members will have six (6) months (up to February 19, 2023) to decide if they wish to opt out of the Settlement. By opting out, you will remove yourself from the Class Action. Opting out is a serious and permanent decision. Those choosing to opt out of the Settlement will receive no compensation from this Settlement. You should only remove yourself from the class action if you do not want to receive payment from or be bound by this Settlement.

Anyone choosing to opt out must complete and submit the Opt Out Form by February 19, 2023 in one of the following ways:

  • Option 1: Complete the Opt Out Form online; or

  • Option 2: Complete the Opt Out Form as a fillable PDF here and sending it to the Administrator by mail to PO Box 7030, Toronto ON M5C 2K7, email to fnchildclaims@deloitte.ca or fax to 416-815-2723; or

  • Option 3: Complete a Paper Opt Out Form by downloading the Opt Out Form and completing it on paper, and sending it to the Administrator by mail to PO Box 7030, Toronto ON M5C 2K7, email to fnchildclaims@deloitte.ca or fax to 416-815-2723.

If you would like a paper version of the Opt Out Form sent to you, please call the Administrator at 1-833-852-0755 (toll free).

More details on the legal fees that will be requested will be posted here after the negotiations have concluded.

Objecting to the Settlement

It is important to understand the difference between objecting to the Settlement and opting out. People have the right to object to the agreement in whole or in part during the Federal Court approval hearing and still receive compensation if the settlement is approved in court. To object or comment on the settlement, you have two options:

  • Option 1: Object or provide comments in writing – Send comments to the Administrator by mail to PO Box 7030, Toronto ON M5C 2K7, email to fnchildclaims@deloitte.ca or fax to 416-815-2723, and your comments will be sent to the Federal Court before the hearing.

  • Option 2: Object in person – Ask to speak in court about the proposed settlement commencing on September 20, 2022, either in person at the Federal Court in Ottawa or by video conference. To request to speak at the hearing, please contact the Administrator at 1-833-852-0755.

If you want to object, you must send your written comments or request to speak at the hearing by September 12, 2022.

More Information

You may find out more about the Settlement by reading these documents:

Contact

For more information about the Settlement and your options, please contact the Claims Administrator: Deloitte

Email: fnchildclaims@deloitte.ca

Phone: 1-833-852-0755 (toll-free 10:00am – 6:00pm EST Monday-Friday, closed Statutory Holidays)

For free legal advice please contact Class Counsel representatives (Nahwegahbow Corbiere Genoodmagejig/Barristers & Solicitors, Fasken Martineau DuMoulin LLP) at 1-877-750-5554.

You do not need to hire a legal professional for representation. On August 17, 2022, the Federal Court made an interim order that legal professionals cannot publish communications to potential claimants without Court approval.  This Order will be posted at www.fnchildcompensation.ca.