The first claims period will open March 10, applying to the Removed Child and Removed Child Family classes. These include First Nations individuals who were removed from their homes when they were children between April 1, 1991 and March 31, 2022 while living on reserve or in the Yukon, who were then placed into care funded by Indigenous Services Canada, along with their caregiving parents or grandparents.
The two classes are part of nine classes under the final settlement agreement on compensation. The claim periods for the additional classes will be determined at a future date. The Federal Court’s letter of decision regarding the settlement was issued Dec. 12, 2024.
The final settlement agreement on compensation was presented to the First Nations-in-Assembly for endorsement in April 2023. The First Nations-in-Assembly unanimously approved the Revised Final Settlement Agreement on Compensation for First Nations Children and Families via AFN Resolution on April 4, 2023.
While compensation is not yet available, AFN said that class members can prepare for the claims period by making sure they have valid government-issued identification and a mailing address. They should also have access to a bank in their name so that the administrator is able to deposit compensation directly into their accounts.
“The amount of compensation for each claimant will vary by the class they apply under and the circumstances of the application,” the AFN said in the statement. “Payments could range from $20,000 to $40,000 per individual. Some claimants may be eligible for additional compensation."
Once class members have reached the age of majority, they have three years to submit their claim. Those who are currently minors can submit a claim two years before they reach the age of majority. If an individual cannot apply within three years due to extenuating circumstances, they may apply for a one-year extension subject to approval.
It was noted that some class members may be eligible for more than one class. A separate claim form will need to be submitted for each class. Deloitte was appointed as the administrator.
The assembly also said that the process is distinct from ongoing efforts for an agreement on long-term reform of First Nations Child and Family Services. Negotiations on compensation and long-term reform are two different settlement agreements subject to different approval processes.
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