Compensation
What is the total amount of Compensation the Government of Canada will pay?
In the final settlement agreement negotiated between the AFN, Moushoom/Trout and the Government of Canada, a total of $20 billion has been agreed to for compensating individuals who have been discriminated against in the FNCFS Program and Jordan’s Principle.
Do I qualify for compensation, and if I do how much will I get?
The compensation amount is determined by the final settlement agreement, which is subject to approval by the CHRT and Federal Court of Canada. There are four broad groups of people who qualify for compensation:
Children taken into care:
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 ISC, were Ordinarily Resident on a Reserve or were living in the Yukon, but excluding children who lived in a Non-paid Kin or Community Home through an arrangement made with their caregivers and excluding individuals living in the Northwest Territories at the time of removal.
Jordan’s Principle:
All First Nations individuals who, during the period between December 12, 2007 and November 2, 2017, 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 while they were under the Age of Majority.
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.
Family Class:
Individuals who are the primary caregiver of:
a) a member of the Removed Child Class at the time of removal;
b) a member of the Jordan’s Principle Class at the time of delay, denial or service gap; and/or
c) a member of the Trout Class at the time of delay, denial or service gap.
When will I get compensation?
Compensation is not currently available. Several legal steps must take place before compensation will be distributed, including approval by Federal Court of Canada. A distribution protocol will be developed to outline specifics on who will be eligible for compensation and how they can apply, which also must be approved by the Federal Court.
How can I apply to get compensation?
There is no application process at this time. Details on the compensation process and application form will be shared following Federal Court approval of the final settlement agreement and the distribution protocol.
When will a person who qualifies but is under the age of majority, receive compensation?
Compensation is not currently available. Several legal steps must take place before compensation will be distributed, including approval by Federal Court of Canada. A distribution protocol will be developed to outline specifics on who will be eligible for compensation and how they can apply, which also must be approved by the Federal Court.
How will Survivors be supported if the compensation process is difficult for them?
The Government of Canada has agreed to pay for mental wellness supports, such as counselling, for Survivors as they go through the compensation process. This will be funded separately from the $20 billion for compensation.
The AFN has also worked to secure other types of support in the final settlement agreement, including:
- culturally appropriate health and wellness services
- counselling on financial literacy, including saving and investing; and
- helping youth who are aging out of the FNCFS Program reconnect with their First Nation.
Will the Assembly of First Nations be distributing compensation?
The AFN will not be distributing compensation. Distribution will be managed by an independent Administrator, as approved by the Federal Court of Canada.
What does it mean to ‘Opt-Out’ of the class action?
Opting out of the class action means that you want to remove yourself from the group of potential claimants. For example, someone may choose to opt out of the class action if they wish to file their own lawsuit. If you opt out, you will not receive any compensation from this class action settlement.
If you are considering opting out of the class action and have questions or wish to discuss this process, you can contact the Claims Administrator (Deloitte) at fnchildclaims@deloitte.ca or 1-833-852-0755. If you wish to speak to a lawyer about opting out, you can contact Class Counsel representatives (Nahwegahbow Corbiere Genoodmagejig/Barristers & Solicitors, Fasken Martineau DuMoulin LLP) at 1-877-750-5554.
If you would like to opt out of the class action, you can complete the opt out form here. Opt-out forms must be submitted to the Deloitte LLP Claims Administrator by or on August 23, 2023.