Background
On April 19, 2023, the Assembly of First Nations (AFN), the Moushoom and Trout Class Action plaintiffs reached a final settlement agreement, totalling more than $23.34 billion. This agreement intends to compensate those harmed by discriminatory underfunding of the First Nations Child and Family Services Program and those impacted by the federal government's narrow interpretation of Jordan's Principle.
Each eligible Child may receive $40,000 or more in compensation, depending on the number of eligible Claimants. The Caregiving Parents or the Caregiving Grandparents of Removed Children who were removed from their homes or denied access to an essential service may also be able to receive compensation. The minimum amount available for eligible individuals depends on when the delay, denial, or service gap of an essential service happened, and the severity of impact experienced. Children who experienced the highest level of impact (including pain, suffering or harm of the worst kind) from denials, delays or service gaps between December 12, 2007, and November 2, 2017, will be eligible for a minimum of $40,000.
On October 24, 2023, the Federal Court approved the Settlement Agreement. The Claims Process for the Removed Child Class and Removed Child Family Class was approved on June 20, 2024, and the Claims Period for these two Classes opened on
March 10, 2025.
Settlement Classes
Nine Classes are included in this Settlement. Each of the nine Classes is unique and will have its own Claims Process that requires approval by the Federal Court. The Claims Period for each Class will open in phases – currently, two Claims Processes have been approved.
The Claims Process for each Class will provide details on how to submit a Claim for compensation. Claimants who may be eligible for more than one Class will have to submit a separate Claim Form for each Class.
Claims Process Approved – Opened March 10, 2025
1. Removed Child Class
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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.
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2. Removed Child Family Class
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The Removed Child Family Class includes Caregiving Parents or Caregiving Grandparents (whether biological or adoptive) of the Children of the Removed Child Class.
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The Claims Process for the remaining seven classes are not yet available. You can find more information about all nine Classes at the following website:
First Nations Child And Family Services And Jordan's Principle Class Action.
Health and Cultural Supports
Various health and cultural supports will be available to Class Members while they navigate the settlement process. These supports will be available through two First Nations organizations:
Tsow-Tun Le Lum Society (TTLL), and the
Indian Residential School Survivors Society (IRSSS). Which organization will provide services for a given Class Member will be dependent upon that individual's region of residence:
IRSSS: Interior, Northern, Fraser Salish, and Vancouver Coastal regions.
Website:
Indian Residential School Survivors Society
TTLL: Vancouver Island Region
Website:
Tsow-Tun Le Lum Society
Services and Supports Available
Following the opening of the Claims process on March 10, both TTLL and IRSSS will be available to provide health and cultural support services to Class Members. TTLL will be focusing services on Vancouver Island, while IRSSS will be providing services to the remaining regions. Both organizations will provide a variety of services to support Class Members throughout the Settlement process – these services may include the following:
- Community outreach to inform claimants and their families about available health and cultural wellness support services offered provincially.
- Cultural supports as a virtual service for Class Member(s) and potential Class Member(s).
- Virtual Cultural Knowledge Sharing Circles that facilitate the exchange of cultural knowledge and lived experiences among Class Members and communities, youth, and Elders.
- Mental health counselling services for non-Status and Métis
First Nations individuals will continue to receive mental health counselling from FNHA First Nations Health Benefits (contact
1-855-550-5454 and
healthbenefits@fnha.ca).
Contact
Class Members can connect via phone or email with their region's respective health cultural supports provider for information and access to services:
Tsow-Tun Le Lum Society
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Main Line (Monday to Friday 9 a.m. to 4 p.m.)
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1-250-390-3123 |
After Hours Support Line
(Saturday 10 a.m. to 2 p.m.)
| 1-888-403-3123
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Email | rhsw@ttlls.org |
Indian Residential School Survivors Society
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Main Line (Monday to Friday 9 a.m. to 4 p.m.)
| 604-985-4464 |
Email
| cftisupport@irsss.ca
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First Nations Health Authority staff are also available to answer any questions and provide further information at FirstNationsChildandFamilyServices@fnha.ca.
Frequently Asked Questions
Who is the Administrator?
Deloitte LLP has been appointed as the Administrator of this Settlement. The Administrator is an independent body responsible for executing and adjudicating under the terms outlined in the Settlement Agreement and any additional requirements approved by the court. If you have questions about the Settlement, you can contact the Administrator at no charge by calling 1-833-852-0755 (Monday to Friday from 8:00 a.m. to 8:00 p.m. ET (excluding statutory holidays) or emailing Generalinfo@Contact.FNChildClaims.ca.
How is a First Nations person defined under the Settlement?
Under this Settlement Agreement, a First Nations person primarily refers to Class Members who:
- Are registered under the Indian Act
- Were entitled to be registered under sections 6(1) or 6(2) of the Indian Act, as it reads as of February 11, 2022
Specific Classes have additional criteria, which will be made available when the various Claims Processes open.
What inclusions or services are there for non-Status and Métis individuals?
While compensation is First Nations specific, health and cultural supports are to be provided to Class Members, potential Class Members, their families, and communities. This could include Métis and non-Status individuals that are Class Members or potential Class Members and can demonstrate connection to a First Nations community. Eligible claimants can receive cultural and mental health support services provided by IRSSS and TTLL. Any individuals with questions around these inclusions can contact FNHA at FirstNationsChildandFamilyServices@fnha.ca, or call the Administrator at 1-833-852-0755.
Can Claimants submit more than one Claim if they are part of multiple classes? If so, will they receive compensation for each Claim they submit?
Once the Claims Process opens, Claimants are encouraged to submit one Claim for each Class they may belong to. If a Claimant qualifies as a Class Member under multiple Classes, their compensation will not be combined. Claimants will receive the higher single amount for which they qualify. Individuals who need assistance identifying which Class(es) they belong to can contact the Administrator at 1-833-852-0755.
Additional Information
You can find additional information, including the answers to more FAQs via the following link: First Nations Child And Family Services And Jordan's Principle Class Action.
Additional mental health and wellness supports are available for free and can be accessed through the Hope for Wellness Helpline at 1-855-242-3310 or the online chat at hopeforwellness.ca, 24 hours a day, 7 days a week.
Find this information in PDF format here.