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 $23.343 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 Final Settlement Agreement determines the amount of compensation available for each class. For more information on compensation classes and amounts, please consult the Compensation Executive Summary. There are five 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 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.

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;
• 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,
• a member of the Kith Child Class at the time of removal
• an eligible Deceased Child Class member

Compensation Distribution

When will I get compensation?

Compensation is not currently available. Several legal steps must take place before compensation will be distributed, including developing a distribution protocol that outlines who will be eligible for compensation and how they can apply. The distribution protocol will be the focus of engagement with First Nations this winter and must be approved by the Federal Court before the application process can begin.

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 the Federal Court approval of the distribution protocol.

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 $23.34 billion for compensation.

The AFN and the parties are currently developing a framework for culturally sensitive health, wellness and other supports for class members to access during the claims process, including class action navigation support, mental wellness resources, financial literacy, and more. The Hope for Wellness Help Line is also available to class members.

Will the Assembly of First Nations be distributing compensation?

The AFN will not be distributing compensation. Distribution will be managed by the Deloitte Class Action Administrators. For more information contact, Deloitte Class Action Administrators at 1-833-852-0755 (toll-free) or visit www.fnchildclaims.ca.

What does it mean to ‘Opt-Out’ of the class action?

Opting out of the class action means that you wish 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 choose opt-out, you will not receive any compensation from the class action settlement.

How do I opt out of the class action?

The Opt-Out period: On August 16, 2023, the Federal Court of Canada set October 6, 2023 as the date in which class members could opt out of the class action. However, the Kith class members have until January 15, 2024 to opt-out of the FSA, Read the decision here. If you have opted out or have legal questions, please contact the Class Action Administrator, Deloitte, at 1-833-852-0755 or visit www.fnchildclaims.ca.

Cy-près Funds

What are the Cy-près funds and who can access them?

The first Cy-près fund is to benefit class members who do not receive direct payments under the FSA, and was designed based on the Assembly of Seven Generations (A7G) Children Back, Land Back (2021) report recommendations to provide culturally sensitive, trauma-informed support to Class Members. Read the report here.

The objective of the Cy-près Fund is to provide culturally sensitive and trauma-informed supports to the Class, including but not limited to:

• Creating a Foundation to be led by First Nations youth and children in care, formerly in care, and their allies. The Foundation would offer grant-based supports to First Nations youth in care, formerly in care, and their allies to access culture-based, community-based and healing-based programs, services and activities. The Foundation would also establish a National First Nations Youth In/From Care Network, including the possibility of regional networks.
• Grant-based support for First Nations youth in care and formerly in care to identify birth family and/or their First Nation, including accessing records or files, and facilitate meeting family members and/or travelling to their First Nation.
• Family and community unification, reunification, connection, and reconnection.
• Access to cultural supports, programs, and activities.
• Transitional support for First Nations youth in care and formerly in care.

The second Cy-près fund is for Post Majority Supports for Jordan’s Principle.  This Trust Fund will be established by the Caring Society with input from the Class Action Plaintiffs.

How can I access the Cy-près Fund?

The Cy-près Fund is still under development and information on how to access supports under these funds will be available later in 2024.

Long-Term Reform of the First Nations Child and Family Services Program and Jordan’s Principle

How is the Assembly of First Nations consulting with First Nations about long-term reform?

The AFN’s negotiations with the Government of Canada are guided and informed by engagement with First Nations. The AFN has been meeting with leadership and First Nations to hear their views on reform to ensure that the reforms are relevant and responsive to the needs of First Nations children, families and communities across the country.

The AFN has shared the Agreement-in-Principle (AIP) regarding long-term reform with chiefs and First Nations.

How long will reform take?

Funding for long-term reform of the FNCFS program and Jordan’s Principle will be spread over five years. The AFN, the Government of Canada and other parties have committed to moving ahead as quickly as possible. The Agreement-in-Principle on long-term reform outlines immediate program reforms which began rolling out in 2022, such as additional prevention funding and extending supports for First Nations youth transitioning out of care up to age 26. Other reforms will take more time to design and implement.

How much money is there for reform?

The long-term reform Agreement-in-Principle with the Government of Canada includes $19.807 billion in funding for long-term reform of the FNCFS Program and Jordan’s Principle. This is separate from the $23 billion for compensation.

What will long-term reform of the FNCFS Program include?

Long-term reform of the FNCFS Program will include:

• A baseline funding amount that will cover the actual costs of a child in care. This amount will be increased over time to match population growth and inflation.
• Funding to address the drivers of child and family involvement with FNCFS such as poverty, housing or food insecurities.
• Funding for cultural and community-based programs and services that help First Nations children and families thrive such as prevention, First Nations and Band Representative Services.
• Funding to address the higher costs of providing services to First Nations in remote communities.
• Funding to ensure that First Nations and FNCFS agencies have the means to purchase, maintain, renovate and repair the buildings, vehicles and other property they use to provide services to First Nations.
• Funding for FNCFS providers to buy, upgrade and maintain computers, hardware and software and other equipment.
• Funding to support the implementation of a new performance measuring framework called Measuring to Thrive, which is a data system designed to measure, track and report on the impact of the FNCFS program on child and family wellbeing. This information will then be used to inform FNCFS budgets based on First Nations’ needs and priorities.
• Emergency funds for when an unexpected crisis that puts additional demands on FNCFS.
• Funding for a First Nations-led, non-profit secretariat to support First Nations and FNCFS agencies with technical and operations support, as well as serving as a national-level data collector.

Full application of Jordan’s Principle

What is Jordan’s Principle?

Jordan’s Principle is a child-first legal Principle that ensures First Nations children have access to the services and supports they need, no matter where they live, without delay or denial. Learn more about Jordan’s Principle here.

How will reform affect Jordan’s Principle?

The reforms will ensure full and proper implementation of Jordan’s Principle to support First Nations children.

This includes:

• Ensuring it follows the CHRT orders, including eligibility, what is covered, and when. These changes will prevent delays, refusals and service gaps.
• Funding to identify and close systemic gaps in essential services that adversely impact First Nations children.
• Fixing administrative problems with Jordan’s Principle, such as asking for too much documentation or differences in the way it is applied across the country.
• Funding to support First Nations youth reaching age of majority to connect with services and supports they may need in adulthood.
• Keeping the government accountable to First Nations about Jordan’s Principle by actively listening to complaints and quickly taking responsive action.
• Exploring ways to support greater First Nations control over Jordan’s Principle service coordination, delivery and determinations.

Information on the class action and claims process is available on the Administrator’s website, visit www.fnchildclaims.ca. to read more and sign up for updates. You can also contact the Class Action Administrator, Deloitte, by telephone at 1-833-852-0755 or email  [email protected].

Hours of Operation: Monday-Friday 8am-8pm ET (closed on Statutory Holidays)

Individuals seeking additional information can call the AFN First Nation Child and Family Services Compensation Information Desk at 1-888-718-6496. Additionally, you can email us at [email protected].